Abortion Rights Are on the Ballot in New York, Though You Might Not Have Heard

The campaign backing Proposition 1, which will enshrine a right to abortion in the state's constitution, mismanaged funds and fumbled voter outreach. Here's what you need to know about it.

Politics
Abortion Rights Are on the Ballot in New York, Though You Might Not Have Heard

The hottest ballot proposition this election season is a measure to enshrine a right to abortion into your state’s constitution. In total, 10 states will be voting to protect abortion rights: Florida is voting on Amendment 4; Missouri is voting on Amendment 3; Montana is voting on Initiative 128, and then there’s Arizona, Colorado, Maryland, Nebraska, Nevada, South Dakota, and New York.

The Empire State’s abortion rights ballot measure hasn’t been the biggest story of the 2024 election (more on that in a moment), but Proposition 1, or the New York Equal Rights Amendment, would codify abortion rights into the state constitution. (If you’re voting in New York, vote “Yes” to preserve abortion rights.) Abortion is obviously legal in New York and available to anyone up to 24 weeks; after that, it’s still legal, but is dependent on the health of the fetus or the risk to the pregnant person’s life. But supporters say that passing this measure would ensure abortion is always legal, especially if something like a federal abortion ban were to pass.

“If it is a New York constitutional amendment, it’s more likely that our rights here would be preserved,” Sarah Steiner, a New York-based election attorney told The City. “It’s the best chance we’ve got.”

However, Prop 1 doesn’t include the word “abortion,” and instead ensures protection for the procedure under the broader umbrella of a right to reproductive rights. Specifically, Prop 1, or the ERA, is an extension of New York’s equal protection clause—which hasn’t been updated since 1938, and only prohibits discrimination based on “race, color, creed or religion.” If it passes, Prop 1 would prohibit discrimination based on “ethnicity, national origin, age, disability and sex — including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy.” The right to abortion falls under those last four categories.

Sweet, I’m sure you’re thinking, why would anyone vote against that? 

Well, unsurprisingly, the Republican Party took it upon themselves to twist Prop 1 into a government overreach boogeyman. They’re claiming that the language is so vague that it can be interpreted to allow men to use women’s bathrooms, illegal immigrants to vote, and boys to take over girls’ sports. According to a Siena College poll from Tuesday, 69% of voters support Prop 1 while 22% oppose it—but, when split by party, 90% of Democrats support it while half of Republicans oppose it.

Ed Cox, the state’s GOP chair, previously called the measure a “radical departure from common sense” and described it as a “Trojan Horse that would grant illegal immigrants access to benefits paid for by taxpayers, as well as open the door to non-citizen voting.” There’s also an anti-Prop 1 campaign, called the Coalition to Protect Kids NY, which is convinced that the measure to prohibit discrimination against vulnerable groups is actually a measure to allow kids to get surgeries without parental consent—a clear anti-trans scaremongering tactic that far-right groups across the country have used to convince people to vote against abortion rights measures. They’ve deemed Prop 1, the “Parent Replacement Act.”

“It will NOT allow young people to have surgeries without their parents’ consent. This is a narrative being pushed by politicians using a small handful of innocent kids as political pawns,” Andrew Taverrite, a spokesperson for New Yorkers for Equal Rights, said in a statement. The New York Bar Association also stated that the measure would have no effect on voting or parental rights.

But beyond the typical 2024 Republican playbook of transphobic scaremongering, Prop 1 hasn’t gotten a ton of attention.

In the aftermath of the Supreme Court overturning Roe v. Wade in 2022, Sen. Liz Krueger introduced Prop 1 to safeguard New Yorkers’ reproductive rights. In July 2023, Gov. Kathy Hochul (D), House Minority Leader Hakeem Jeffries (D), and Sen. Kirsten Gillibrand (D) pledged their support and said they’d help raise $20 million to get the message out. When the measure officially qualified for the ballot in July, House Democrats—who are trying to win six New York swing districts—hoped the chance to directly vote on a measure to protect abortion rights would boost voter turnout.

But the campaign backing the measure, New Yorkers for Equal Rights, didn’t raise even close to $20 million, and the money that was raised seems to have been somewhat mismanaged. Politico recently reported that while most big ballot campaigns in New York will hire one or two consulting or polling firms, and spend about 90% of their budget on voter outreach, New Yorkers for Equal Rights has retained 11 outside firms, and only spent 16% of their budget on voter outreach. On Friday, Hochul seemingly confirmed the pro-ERA campaign’s fuck-ups, telling reporters that “we are stepping in now to provide assistance because it is apparently necessary.”

That reality looks especially shitty after the Vote No campaign spent a bunch of money on Anti-Prop 1 ads that aired during the Jets, Giants, and Bills games on Sunday.

But just to be crystal clear: If you’re voting in New York, this is how Proposition 1 will appear on your ballot, named “Amendment to Protect Against Unequal Treatment.”

“This proposal would protect against unequal treatment based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy. It also protects against unequal treatment based on reproductive healthcare and autonomy.”

A “YES” vote puts these protections in the New York State Constitution.

A “NO” vote leaves these protections out of the State Constitution.

Most crucially, Prop 1 will be on the back of your ballot, so don’t forget to flip that shit over. Happy voting! (God help us.)

 
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