Kansas voters reject so-called Value Them Both abortion amendment

A resident of Shawnee County fills out her ballot for the primary election Tuesday morning at Heritage Hall.
A resident of Shawnee County fills out her ballot for the primary election Tuesday morning at Heritage Hall.

Kansas voters have rejected the so-called Value Them Both constitutional amendment, according to The Associated Press.

The Topeka Capital-Journal will bring reaction and analysis as soon as we have it.

Voter turnout in Kansas was extremely high, with the Kansas Secretary of State's office already saying it will smash its 36% projected turnout.

Secretary of State Scott Schwab told reporters the turnout could rival the 2008 general election, when President Barack Obama was on the ballot. That election had roughly 60% turnout.

"There is very high voter engagement," he said.

Interest was high on the amendment that could change the future of post-Roe abortion access for the state and region.

More: Election results for Kansas primary races

Results: 2022 Kansas Constitutional Amendment on Abortion 

Years of work from anti-abortion advocates culminates today as voters check "yes" or "no" on a proposed constitutional amendment that could give Kansas lawmakers virtually limitless authority to regulate the procedure.

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

While the amendment needed a two-thirds majority to pass both chambers of the Kansas Legislature, it needs only a simple majority from Kansas voters to be approved.

Polling data has been hard to come by, with both campaigns hesitant to share internal survey results. The only publicly released polling on the abortion amendment has 47% voting yes, 43% voting no and a 2.7% margin of error.

Abortion-rights supporters rejoice as early polls show voters were rejecting the constitutional amendment in Kansas Tuesday night at a Kansans for Constitutional Freedom election watch party at the Overland Park Convention Center.
Abortion-rights supporters rejoice as early polls show voters were rejecting the constitutional amendment in Kansas Tuesday night at a Kansans for Constitutional Freedom election watch party at the Overland Park Convention Center.

The poll, conducted by the Kansas City, Mo., firm co/efficient, suggest a close race.

Millions of dollars were spent to influence voters on the so-called Value Them Both amendment. "Yes" vote advocates slightly outspent the "no" vote side, $6.7 million compared to $6.4 million, according to mid-July campaign finance statistics. The biggest opposition group did fundraise more money than the primary coalition supporting the constitutional amendment.

While some advocates on both sides were careful to parse their words, many TV and digital ads and other public communications made false or misleading statements. A late text message blast falsely characterized what a "yes" vote means. The group behind the text didn't identify itself.

More: What will happen if Kansas voters pass — or don't pass — constitutional amendment on abortion?

Voters lament disinformation around constitutional amendment

Melanie Wambsganss, a retiree and Democrat voting at the Fairlawn Plaza polling place, said she was dismayed by what she said was disinformation surrounding the constitutional amendment question. She was one of several Kansas voters who on Monday received an anonymous, mass text message urging her to vote yes to protect women’s reproductive rights.

Wambsganss said Tuesday was a chance for Kansas, a traditionally red state, to demonstrate progress by rejecting the constitutional amendment.

"It would show that America is ready to make Roe v. Wade a permanent law, rather than whatever it was," she said. "It could show that Kansas is willing to go forward with progress, not just in this issue, but in other cases as well."

Unlike typical elections, where churches are barred by their religious tax-exempt status from advocating for candidates, nothing stood in the way of churches driving the grassroots voter turnout effort.

But churches and any other location that serve as election day polling places had to take down signs supportive of the amendment or ensure they were the legally required distance from the entrance. Violators could run afoul of state electioneering law.

In Topeka, a large sign encouraging people to "Vote Yes" on the constitutional amendment had been removed by the time voting began Tuesday from the place where it had stood near the polling place at Hayden High School, 401 S.W. Gage Blvd.

Debate on the amendment has largely centered around whether it bans abortion, which polling suggests is an unpopular position.

The amendment itself does not ban abortion. But it would give lawmakers far greater constitutional authority on abortion policy, including a potential ban. Top Republican politicians and anti-abortion lobbyists have avoided answering whether they will pursue a ban if the amendment passes.

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

The Kansas Speaks Survey, conducted by the Docking Institute of Public Affairs at Fort Hays State University, previously found that 60% of respondents oppose banning abortion in all cases.

That poll was released in February, several months before a U.S. Supreme Court leak and eventual decision overturning the abortion rights ruling in Roe v. Wade.

The leaked draft opinion in early May and the Dobbs decision in late June galvanized public interest in relitigating abortion rights.

Kansas is the first statewide referendum since that decision, garnering national attention. The vote is also of regional significance as Kansas clinics treat out-of-state patients, particularly from Missouri, Oklahoma and Texas.

Voter registrations increased in recent months with the leaked draft of the Dobbs decision. More recent data covering the month after the late-June decision has not yet been released.

Republicans enjoy a sizeable advantage in registered voters, outnumbering Democrats by more than 350,000 people. But unaffiliated voters are a sizeable group that could sway the election, though independents are unaccustomed to voting in August.

Voter registration data through July 1 showed an increase of 1,449 registered Republicans since April. Democratic registrations increased 1,984, Libertarians 555 and unaffiliated voters 8,389.

Jason Tidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jtidd@gannett.com. Follow him on Twitter @Jason_Tidd.

Tim Hrenchir and Rafael Garcia of The Capital-Journal contributed reporting.

This article originally appeared on Topeka Capital-Journal: Kansas abortion amendment election results on Value Them Both vote