The Michigan Board of State Canvassers failed to come to a consensus on whether or not to include an abortion rights amendment to the state Constitution on the November ballot.

The vote was deadlocked 2-2 along partisan lines, with the Democrats in favor and the Republicans voting to leave it off.

In this case, the provision will not make it to the ballot. The sponsor of the amendment, Reproductive Freedom for All, has asked the Michigan Supreme Court to take action, claiming that the Board of State Canvassers should be ordered to qualify the petition to comply with Michigan’s election laws. They also asked for a decision by September 7, which is two days before the ballot is finalized.

The board’s role is normally procedural and acknowledges that a proposed measure received the 450,000 signatures needed. The amendment’s advocates were able to collect nearly double that number at 700,000 signatures. The support indicated by the signatures reflects Michigan polling, in which legal abortion is widely supported in the state.

The measure was rejected by the two Republicans over a formatting error.

Since the Supreme Court overturned Roe v. Wade, which returned the right to decide on abortion rights to each individual state, in June, many states are set to offer voters a choice in November.

In August, Kansas provided the first vote on abortion laws with nearly 60% of voters defeating an amendment to the Kansas Constitution that would have eliminated the constitutional right to abortion by a large margin. The result of the vote surprised political pundits as the outcome was unexpected for a state that President Donald Trump won by almost 20 percentage points over President Joe Biden two years ago.

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