It's official: HB1215 on ballot

By Kevin Woster, Journal Staff Writer | Tuesday, June 20, 2006

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South Dakota Secretary of State Chris Nelson affirmed Monday what most people in the battle over abortion already knew: State voters will decide the fate of HB1215, the near-total abortion ban, at the ballot box this fall.

In affirming that there were at least the required 16,728 valid petition signatures among the almost 38,000 signatures turned in May 30 by HB1215 opponents, Nelson confirmed mathematical probabilities at the same time he officially rang the bell for the next round of the abortion bout.

Between now and the Nov. 7 decision by state voters, contestants from both corners will swing away in a campaign likely to cost millions of dollars and certain to continue to draw more attention to an emotional dispute that already has made news nationwide.

HB1215 supporter Al Carlson of Rapid City, a member of Citizens for Life, said Monday afternoon that he wasn't surprised that Nelson had verified the results of the petition drive. Carlson said he was ready to engage the opposition on what he considers to be a matter of life and death for unborn human beings.

"I think that's the law we live with in South Dakota," Carlson said of the referral of HB1215. "They did a good job of getting all those signatures. They did what they thought they should do. And now, both sides are going to gear it up. It's going to be a big one."

The abortion ban, which would allow exceptions only to save the woman's life, was approved overwhelmingly by the South Dakota Legislature and signed by Gov. Mike Rounds. HB1215 was scheduled to take effect July 1, but the referral will suspend the law pending the results of the November vote.

The South Dakota Campaign for Healthy Families led the petition drive to refer the law. Campaign spokeswoman Jan Nicolay of Chester, a former Republican state legislator, didn't immediately return a call from the Journal on Monday. But she said in a news release that she was pleased that Nelson had certified the petitions.

"Now South Dakota voters can vote 'no' and repeal the extreme abortion ban in November," Nicolay said. "We will encourage all South Dakotans to join us in repealing this extreme law that has embroiled our state in controversy and threatens our government with million-dollar lawsuits."

If the campaign to overturn HB1215 is unsuccessful, the legally fragile law will be challenged in court on constitutional grounds, most likely by Planned Parenthood.

Anti-abortion forces and abortion-rights advocates have for years argued over who really spoke for the majority of South Dakotans on this issue. The November election could help settle that debate.

Many HB1215 supporters won primary elections for the state Legislature June 6, and some opponents of the bill lost. Some in the anti-abortion community have said that was a sign of things to come in the general election.

Carlson believes that most South Dakota voters will support HB1215. But he stopped short of predicting the outcome of the election.

"Now, the answer - the ultimate answer, I guess - will come in November," he said.

Nathan Peterson, a Sioux Falls political consultant who coordinated the petition drive against HB1215, said the outcome in some legislative primaries shouldn't be seen as a sign of things to come in the November vote.

"Considering the low level of turnout and the partisan nature of the primary races, it was not a reflection of what to expect for Referendum No. 6 (as the HB1215 referral will appear on the ballot) in November," Peterson said. "We are confident that a majority of South Dakotans will reject this extreme abortion ban."

Contact Kevin Woster at 394-8413 or kevin.woster@rapidcityjournal.com