Arizona lawmakers appear poised to try to overturn 1864 abortion ban. But will it happen?

Arizona lawmakers reconvene Wednesday amid expectations they will take up debate on whether to repeal the 1864 near-total abortion ban.

But first, they may have to get past activists who favor keeping the law. Arizona Right to Life has asked its members to greet lawmakers as they arrive at the Capitol. The organization has also scheduled a prayer vigil for 8:15 a.m.

Demonstrators hold signs against the 1864 near-total territorial abortion ban while protesting in Scottsdale on April 14, 2024.

At 10 a.m., House members are scheduled to begin their work session. Their calendar calls for votes on a handful of unrelated bills. Legislative sessions can be viewed in real-time on Arizona Capitol Television.

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The 1864 law was revived last week in a state Supreme Court decision that made headlines nationwide. The following day, attempts to push an immediate repeal were shut down by Republicans, triggering loud protests from Democrats.

The ruling, combined with the importance of the abortion issue in this year’s national election, has drawn national media to the Arizona Capitol.

It is unclear whether a vote on a repeal measure will be proposed Wednesday, and if it does, how it will be greeted.

Rep. Stephanie Stahl Hamilton, D-Tucson, introduced House Bill 2677 earlier this year. It never got a committee hearing, but it could be brought up for a final vote if there is enough support. The bill is a “clean repeal” of the 160-year-old law, meaning it simply removes the abortion measure from the law books without adding anything new.

Stahl Hamilton late Tuesday said she can’t predict what will happen. Although she can attempt to bring the measure up for a vote, it’s up to the House speaker or the speaker pro tempore to decide whether to recognize her motion, she said.

“There’s still a lot of daylight between now and Wednesday morning,” she said.

House Speaker Ben Toma, R-Glendale, indicated midday Tuesday that things were up in the air on whether there would be a repeal vote.

Rep. Matt Gress, a Phoenix Republican who supports a repeal, predicted in the aftermath of last week’s chaotic session that there would be a vote on Wednesday.

Such a move would require lawmakers to enact a temporary rule that would allow them to bring HB 2677 to a vote. Supporters of a repeal say it would take a simple majority of 31 votes to do so and to approve the bill.

The effort has the support of all 29 Democrats and Gress. Rep. David Cook, R-Globe, has said he feels the 1864 law is too harsh, given its mandatory prison time for anyone who aids in abortion. The law bars abortions at any stage of pregnancy unless the procedure is necessary to save the life of the mother.

Republican lawmakers are discussing strategies to compete with the Arizona for Abortion Access initiative, which would enshrine the right to an abortion in the Arizona Constitution.

There are no measures on Wednesday’s calendar that would allow Republicans to insert some of those strategies into an existing House concurrent resolution. Those plans were made public on Monday when a House GOP memo outlining various measures to counteract the initiative was also sent to House Democrats, presumably accidentally.

Initiative supporters have planned a noon rally at the Capitol to promote their ballot drive. It already has far more than the minimum number of voter signatures to qualify for the Nov. 5 ballot.

Meanwhile, the state Senate has a busy calendar with non-abortion bills queued up for a vote. There is a chance that if a repeal is approved by the House, the measure could be sent to the Senate immediately, but it would take several days of work before it could be up for a final vote.

Back on: Abortions resuming in Flagstaff as 1864 ban looms, Planned Parenthood announces

Reach the reporter at [email protected] or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter, @maryjpitzl.

This article originally appeared on Arizona Republic: Arizona lawmakers appear poised to try to overturn 1864 abortion ban. But will it happen?