Pro-life and pro-choice supporters are in a fierce battle over a ballot measure in North Dakota that proposes an amendment to the state’s constitution to protect human life at any stage of development.
Early voting began Wednesday and did not go without incident. The pro-choice League of Women Voters was at several polling places distributing literature on Measure 1.
State law prohibits any attempt to influence voters either in a polling place or within 100 feet. Anyone who takes such action, according to state law, is engaging in "corrupt practices."
Critics also said the League’s literature was filled with false and misleading information about Measure 1, identifying it as a "life begins at conception" measure.
Janne Myrdal, chair of ND Choose Life, said the secretary of state was alerted to the League’s violation. ND Choose Life provided photos of the League’s antics to a watchdog group. They reported the ND Secretary of State sent an email reminder to auditors about political materials at polling places.
The pro-choice group, North Dakotans Against Measure 1, has also being accused of violating a North Dakota law prohibiting any advertisements that are "untrue, deceptive or misleading," a Class A misdemeanor.
NDAM1, a Planned Parenthood-funded group, began running an ad claiming Measure 1 would "ban all abortions."
A cease and desist order was sent this week to television stations to stop running the ad.
"The ad is blatantly false and full of lies. The entire commercial is a lie," Myrdal said. "In North Dakota, it’s illegal to run commercials that are blatant lies," she said, adding, "it’s total scare tactics. It’s sad they are pimping those stories out."
One station has already pulled the ad.
The official ballot language of Measure 1 states, "This constitutional measure would create and enact a new section to Article I of the North Dakota Constitution stating, ‘The inalienable right to life of every human being at any stage of development must be recognized and protected.’"
NDAM1 has refused to debate the measure, pulling out of a planned debate at the eleventh hour, and the chair of the group has called legislators who support the measure the ND Taliban.
NDAM1 did not respond to several requests for comment.
Pro-choice groups have claimed Measure 1 would also impact in vitro fertilization and end of life issues.
However, over 100 doctors have come out in favor of the measure and claimed it would not impact either issue. Additionally, hundreds have endorsed the measure including women’s groups, faith groups, and politicians.
According to Myrdal, the intention of the "human life amendment is to protect the laws the state already has on its book." Those laws include requirements that women are given full disclosure of information before an abortion, making sure parents are notified if their daughter is seeking an abortion, and prohibits partial birth abortions.
"We are not trying to ban abortion, we have a federal law," Myrdal said, explaining that Measure 1 cannot ban abortion because the right to abortion is protected by the U.S. Supreme Court decision in Roe v. Wade.
Contribution filings show Planned Parenthood groups from around the country are funding NDAM1. They include Planned Parenthood MN, ND, SD Action Fund, which donated $50,000 on top of its previous $698,275 donation; Community Action Fund of Planned Parenthood of Orange and San Bernadino Counties, which donated $25,000; Planned Parenthood of Illinois, which donated $25,000; a San Jose affiliate, which donated $250,000; the California Planned Parenthood Education Fund, which donated $250,000, among others.
The ACLU and NARAL Pro Choice also donated to defeat the measure.
Earlier this week, a ruling by the North Dakota Supreme Court upheld a state law restricting medication-induced abortion dealt a blow to pro-choice groups that fought the state law.
The ND Catholic Conference hailed the court’s ruling and called for a yes vote on Measure 1.
"This is a good day for the protection of women’s health and for affirming the right of elected officials to establish regulations to protect the health and safety of women seeking abortions," said Christopher Dodson, executive director of the conference.
Dodson noted, however, that the split decision by the court demonstrates "more than ever why North Dakotans must pass Measure 1 on November 4."
"The people of North Dakota have a right to decide this question before the abortion lobby comes back into the state to try again to strike down laws that even the U.S. Supreme Court has said we can pass," said Dodson.