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South Dakota rejected the abortion rights amendment
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South Dakota rejected the abortion rights amendment

Amendment G, a ballot measure that establishes abortion rights and outlines a legal framework for regulating abortions, will not be enshrined in the South Dakota Constitution.

Several media outlets, including the Associated Press, called the race Tuesday night into Wednesday morning with 67 percent of all votes counted. About 37 percent of South Dakotans voted to support the amendment, while 61 percent voted against it, according to the Secretary of State’s website.

The result ultimately means that a 2005 Trigger Act that it banned abortions except “to preserve the life (of) the pregnant woman,” remains the norm for the state. The law makes no exceptions for pregnancies resulting from rape or incest, and also makes it a Class 6 felony for doctors to administer or procure an abortion for someone.

Amendment G would have allowed pregnant women to have an abortion in the first trimester, or first three months of pregnancy. The state would not be allowed to implement regulations on “a pregnant woman’s decision to abort” nor on the performance of an abortion at this stage of pregnancy.

The state would be allowed to impose limited regulations on abortion during the second trimester, but “only in ways that are reasonably related to the physical health of the pregnant woman.” The state would have been allowed to regulate or ban third-trimester abortions unless the mother’s life and health are threatened.

The Life Defense Fund is currently suing Dakotans for Health over allegations that the latter’s paid petition circulators improperly collected signatures to place Amendment G on this year’s ballot.

The Life Defense Fund filed its lawsuit in June on the premise that Dakotans for Health failed to comply with a 2018 law requiring petition circulators to file an affidavit with residency information about each petition circulator.

The anti-abortion group also claims Dakotans for Health improperly circulated its petitions. Alleged wrongdoing ranges from leaving petition sheets unattended to using “bait and switch” tactics involving separate IM-28s.

More:Republican confronts anti-abortion groups after labeling their phone calls a ‘scam’

A trial on the ballot measure was scheduled for late September, but a programming problem pushed those plans past the November election.

Life Defense Fund co-chairs Leslee Unruh and state Rep. Jon Hansen issued the following statement after the win:

“We are grateful to God and the people of the state of South Dakota! As South Dakotans learned the truth about the extreme dangers of Amendment G, they sent a loud and clear message today: We are protecting mothers and children. We are so grateful that the people of South Dakota rejected this extreme abortion measure that would have allowed abortion during the nine months, repealed basic health and safety protections for women, and removed parents’ right to know if their minor daughter was forced to have an abortion. . This effort took an army of people who devoted so much time, energy and resources to defeat this extreme effort, and for that we are incredibly grateful.”

Gov. Kristi Noem also weighed in on the win via social media.

“South Dakotans voted for LIFE tonight! Our state has the highest birth rate in the nation because our people have HOPE,” she wrote. “And we will continue to care for mothers and their babies both before and after birth.”

This story is developing. Check back for more.