In decisive abortion-rights victory, Kansas voters reject constitutional amendment in first post-Roe vote

In 1858, Kansas voters went to the polls with the eyes of the nation upon them. The issue at hand was whether to reject a constitution that would have seen the state enter the Union with slavery legalized.

And 164 years later, to the day, another referendum occurred on an issue that was transfixing the public consciousness: abortion. And, once again, Kansans voted no.

In a result heard across the United States, Kansas voters soundly rejected a proposed measure that would have removed constitutional protections for abortion access in the state.

It made sense that the first time voters would weigh in on abortion following the U.S. Supreme Court decision overturning Roe v. Wade would be in a state that has long had intense and furious conflict on the issue.

As of Wednesday morning, the "vote no" side led 59%-41% — a result even the most ardent abortions-rights supporters didn't foresee. Preliminary turnout hovered around 47%.

The amendment's defeat will make it impossible for lawmakers to pursue any additional restrictions on abortion, unless they meet a high legal standard, effectively locking in the status quo in Kansas.

More: 'People are mad as hell': Abortion-rights supporters weigh in on Kansas amendment vote

"Tonight, we celebrate," Rachel Sweet, campaign manager for Kansans for Constitutional Freedom, the principal anti-amendment group, told a jubilant Overland Park ballroom. "We celebrate that our constitution will continue to protect the personal autonomy of women and men. We also recommit to continuing to share the importance of abortion access rights and reproductive health care."

That result carries an impact that will stretch far beyond the Sunflower State.

Kansas is one of three Midwestern states that either can't ban abortion or is unlikely to make such a move. Proximity to Texas and Oklahoma, both states that have banned abortion, has already increased pressure on Kansas abortion providers, and that is expected to continue.

On the flip side, the result will be seen as a blow to anti-abortion groups, who had been confident of their position entering Tuesday. Limited polling suggested the "vote yes" side had the narrow upper hand. And experts thought that the question's position on the primary ballot would attract a more conservative electorate.

It was a tale of two ballrooms in Overland Park.

While amendment opponents celebrated, a few miles away, event staff members took a break from the task of clearing tables and putting away chairs at an event organized by the Value Them Both Coalition, the main group urging the amendment's passage.

The upbeat jazz music cut out, leaving the room quiet, already cleared of most of the attendees, while some of those remaining exchanged hugs and tears.

Peter Northcott, executive director of Kansans for Life, proceeded to deliver the Value Them Both Coalition concession speech, reading from a notepad.

He vowed that anti-abortion groups "are not going anywhere."

"This setback is not going to stop us," Northcott said. "Our resolve has never been stronger than in this very moment."

More: Kansas abortion amendment debate features misleading claims. Here's a fact check.

Sky-high turnout propels amendment opponents in victory

Debate about the issue has raged since a 2019 Kansas Supreme Court decision ruled Kansans have a right to an abortion under the state constitution, meaning abortion was protected in the state even if Roe v. Wade were overturned.

Backlash from conservative groups and Republican legislators was immediate. An initial attempt to pass a constitutional amendment failed in 2019.

Lawmakers controversially placed the measure on the August primary ballot, a move that was criticized, as primary elections typically turn out an electorate that is more conservative and has fewer Democrat and unaffiliated voters.

But voter registration soared statewide in the wake of the U.S. Supreme Court decision, and advanced voting was three times higher in many counties than it had been in 2018.

Indeed, 2022 saw some of the highest turnout in any primary election in the state's history, with many voters saying they came to the polls specifically to weigh in on the amendment.

More: What will happen after Kansans vote on constitutional amendment on abortion?

Secretary of State Scott Schwab told reporters the turnout may well wind up matching the 2008 general election, when former President Barack Obama was on the ballot. It certainly would outpace projections of 36% and could be as much as 50%.

"There is very high engagement," he said.

Rural counties, which amendment supporters needed to win decisively, lagged, with the amendment underperforming former President Donald Trump's numbers in conservative bastions such as Chase and Trego counties.

In ruby-red Franklin County, Trump won with 68% of the vote. Tuesday, the amendment opponents carried the county with 56%.

Senate Minority Leader Dinah Sykes, D-Lenexa, said the results from rural areas made amendment opponents stand up and take notice.

"The cards were stacked against us," she said. "But Kansans showed up."

Meanwhile, long lines in urban counties meant some voters in Wichita were still in line to vote, even as Sedgwick County began reporting election results after 8 p.m.

More: Millions pour into Kansas' abortion fight, with constitutional amendment vote

Result comes after tension-filled campaign

This came after both sides spent millions of dollars in an attempt to woo voters, with national political figures wading in, such as Elizabeth Warren. Kansas City Chiefs players even got involved, with kicker Harrison Butker doing an ad in support of a pro-amendment political action committee.

But voters at the polls said they largely tuned out the messaging, with their own personal opinions on abortion largely baked in.

"I believe you're either one or the other," voter Peggy Hardesty said outside of her west Topeka polling place.

Indeed, tensions flared throughout the campaign. Churches in Overland Park and Lawrence were vandalized, yard signs on both sides were stolen and a group of amendment supporters said a volunteer was assaulted while canvassing in Leawood. A police report was filed.

More: Getting texts on Kansas abortion constitution amendment? Here's what 'yes' and 'no' means.

Other voters said they were frustrated with how confusing the issue was, unsure if they should vote "yes" or "no." This was complicated by text messages, sent Monday, that inaccurately implied a vote for the amendment would protect abortion rights in the constitution.

Amendment opponents argued vociferously that the measure would be a way for legislators to approve an abortion ban when they reconvene in Topeka, though anti-abortion groups stressed they were more interested in reinstating two sets of laws paused by the courts in the wake of the 2019 state supreme court ruling.

"I think there's a large fear tactic out there, and I don't approve of it," said Elaine Pardee, who voted for the amendment.

But Luce Panceco said she wasn't taking any chances. Originally from Mexico, Panceco said she was voting no in support of the autonomy she was promised when she came to the United States.

"I believe this country is free," she said after casting her vote at Susanna Wesley United Methodist Church in Topeka. "It is my body. It is my decision."

More: Kansas sees surge of interest in anti-abortion amendment after Roe is overturned

Result will echo across United States

Abortion-rights supporters, not just in Kansas but nationally, are viewing the result as a major win.

A similar ballot measure will be presented to Kentucky voters in the fall. Other states, such as Pennsylvania, will likely take the plunge in the years to come. Michigan, Vermont and California will consider constitutional amendments to protect abortion rights.

The result in Kansas will strengthen hopes that abortion restrictions that have proliferated in recent weeks can be defeated when put to the voters.

Sen. Molly Baumgardner, R-Louisburg, said she was disappointed legislators wouldn't be able to reinstate a first-in-the-nation ban on dilation and evacuation abortions, one of the restrictions paused by the courts.

More: Crisis pregnancy centers' influence growing in Kansas. Just what are they?

But while she predicted constitutional amendments will continue to be a tool embraced by legislators, she said it was too soon to say what that might look like.

"Is that something that the Legislature in the future will do? Obviously, yes, they will," Baumgardner said. "What issues they will address? That is yet to be seen."

Abortion access will remain in the state, something advocates stressed was vital.

While the state's four abortion providers haven't been able to keep pace with demand, experts say losing those clinics would have been a major blow to the Midwest and Great Plains. Nebraska and Iowa are expected to pass further restrictions if not bans.

"When it comes to abortion, you know, Kansas has been one of the states that people do watch," said Elizabeth Nash, principal policy analyst for state issues at the Guttmacher Institute, a think tank that supports reproductive rights.

Andrew Bahl is a senior statehouse reporter for the Topeka Capital-Journal. He can be reached at abahl@gannett.com or by phone at 443-979-6100.

This article originally appeared on Topeka Capital-Journal: Kansas rejects abortion constitutional amendment in historic vote