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    ‘Have you signed yet?’: Arizona activists battle to overturn near-total abortion ban

    As people streamed into the empanada restaurant, Susan Anthony made eye contact, pointing to her sign that asked whether they were pro-choice.“Have you signed yet?” she asked patrons at the establishment in Mesa, Arizona. She carried a clipboard with petition sheets for a citizen’s initiative, a ballot measure that would put the right to abortion access in the swing state’s constitution.Since the state supreme court ruled on 9 April that lawmakers in Arizona intended to fully ban abortion, the signatures have come in more quickly, Anthony said.“No, but I’d like to.”“I drove here to sign this.”“I’ve been wanting to.”“I’ve signed it, probably multiple times.”“I’m going to tell my friend to come here and sign it.”Starting the day the ruling came down, the Arizona for Abortion Access measure has seen its volunteers grow from about 3,000 to more than 5,000, spokeswoman Dawn Penich said. More than 5,300 small-dollar donors gave money for the first time since the ruling. The group is not giving out a new total update for the number of signatures, but Penich said that volunteers brought in 2,200 signatures to get notarized in one hour at a Phoenix coffee shop.A handful of legislative Republicans have been scrambling since the ruling to try to peel back the outright ban, first passed there in 1864, before Arizona was a state, and instead reaffirm the more recent law, a 15-week ban. In the House, Democrats and a couple of Republicans could again try to force the repeal to a vote this Wednesday, the third attempt in recent weeks.The battle for abortion access in this swing state will ultimately be decided on November’s ballot, where voters will probably face multiple questions. Democrats also hope the issue will turn out enough voters to flip the statehouse blue, and some Republican officials are now worried about how the ruling, which most of them wanted, will affect their political prospects. Those in swing districts and close races, including Donald Trump and the US Senate candidate Kari Lake, have spoken against the ruling despite previously supporting abortion bans.In the house, efforts to move toward repealing the ban have so far failed, while the senate limped forward. A document detailing plans to derail the citizen’s ballot measure, accidentally sent to all lawmakers, floated the idea of sending three separate questions from the legislature directly to voters, bypassing the Democratic governor and confusing the issue at the ballot.In the meantime, the 1864 ban could go into effect as early as 8 June. The Democratic attorney general, Kris Mayes, has said her office will not prosecute providers over abortions at any point. And neighboring California is working to allow Arizona abortion providers a way to get licensed quickly there to assist their patients, anticipating more people will cross state lines for care.Legislature in limboThe abortion access measure would allow abortions without any limitations until the point of fetal viability, and access to abortion after viability if a healthcare provider determines it is needed to protect the patient’s life or physical and mental health.The legislature has several routes it could take: doing nothing, and upholding the 1864 ban; repealing the ban, which would set a 15-week limit as the prevailing law; sending one or more questions to voters to set limits on abortion access.The abortion access measure needs about 384,000 valid signatures from Arizona voters by 3 July to make the ballot and has reported collecting more than 500,000 so far. But the state applies strict scrutiny to citizens’ initiatives, with intense requirements for each signature and the people collecting them. In recent years, groups have sued, at times successfully, to remove signatures for various reasons in attempts to keep measures from reaching the ballot.“We know the Republicans in the next three months are going to do everything in their power to try to take that initiative off the ballot,” the former Democratic lawmaker and congressional candidate Raquel Terán said at an abortion rights rally last Friday. “So we should not count on just half a million – we need to turn in a million signatures or more. Do not stop. We cannot stop, nor take any signature for granted.”Lawmakers do not have to collect any signatures to put their questions to voters, and they don’t need the governor’s approval. Instead, they can vote to send any number of questions to the ballot directly.But to get the repeal up for a vote, some Republican lawmakers would need to vote against their party’s leaders to override normal procedures – and they have so far been unwilling. Republican representative David Cook predicted that could happen this week, telling Phoenix public radio outlet KJZZ that there would be enough votes to alter rules and allow the repeal up for a vote.While a few Republican lawmakers have said they think the ban goes too far, others have held fast to their support for it. The Center for Arizona Policy, an influential state organization responsible for lobbying for strict anti-abortion laws for decades, called on lawmakers to oppose any efforts to repeal the ban.View image in fullscreen“Political posturing for the sake of votes and back-pedalling when faced with hostility only feeds voter cynicism at the cost of human life,” the group said in a statement.The house speaker, Ben Toma, a Republican, has defended the ban and is not in favor of repealing it, despite the potential political consequences. Toma is now running for an open congressional seat in a crowded GOP primary where Trump has already endorsed one of his opponents. Toma is not currently available for interviews.“It comes down to: what do I think is right? What is just? What is ethical? And I have made my decision. And I am not going to change my mind,” he recently told the New York Times.Beyond the repeal machinations, Republicans are trying to figure out what, if anything, they should send to the ballot. The presentation of options, written by the Arizona house Republican general counsel, Linley Wilson, floated three potential ballot referrals:
    A “complementary (not conflicting)” measure that would include policies like only physicians being allowed to perform abortions and parental consent for minors seeking them. This would require the courts to consider it alongside the constitutional access measure.
    A 14-week ban “disguised as a 15-week law” because it would outlaw abortion beyond the beginning of the 15th week of pregnancy. This “dilutes” the votes for the access measure and makes it more likely to fail.
    A “heartbeat protection act” that makes abortion illegal after six weeks unless the mother’s life is at risk, the fetus has an abnormality or the pregnancy resulted from rape or incest.
    These paths change the narrative, Wilson wrote: “Republicans have a plan! And it’s much more reasonable than the (Arizona for Abortion Access) Initiative.” The plan could “pull votes” from the access measure.Energy increases for ballot measureAt the Mesa restaurant, some people stopped by specifically to sign the petition, asking if there were other locations they could send their family and friends to. Some, carrying babies or holding toddlers’ hands, said they had been meaning to sign and took a pen.“I’ve had women come up with three kids, and they’re signing. And I tell them, moms are the most important signature here, because they understand what this issue is, and what pregnancy does to the body, what pregnancy does to your life,” Anthony said.Others avoided eye contact or said they weren’t interested. Some said they weren’t registered to vote or simply didn’t vote. Some days, a person will stroll by and call her a baby killer. Anthony doesn’t engage – she’s not trying to convince the opposition right now; she’s trying to find the people already in favor of abortion rights and get them to sign.After Roe v Wade fell, Anthony, a 69-year-old retiree, made it her life’s mission to get the Arizona abortion access on the ballot. Anthony, a lifelong Democrat, didn’t want to share her political leanings when she first moved to the red state of Arizona in the 1980s. Now she spends her days sitting at tables in restaurants and businesses, even at trailheads to snag hikers before they set off. Some hikers tell her she shouldn’t be there, that they’re just trying to enjoy nature; then others come up and say thank you.Since the ruling this month, the energy has shifted. It’s “night and day”, with people seeking out places to sign the measure, Anthony said. At a shift at a bottle shop, college students posted on social media after signing and got more people to stop by. At a boutique in Scottsdale, in a wealthier area known for business-type Republicans, signers told her, this isn’t right, as they added their signature to the petition sheets.The other side is going door to door and rallying at the statehouse, too. When Democrats tried to put the repeal of the 1864 ban up for a vote last week, anti-abortion advocates filled the gallery.At an abortion rights rally last Friday evening hosted by a handful of left-leaning groups, Democratic officials detailed the importance of the ballot measure and voting for their party to take the legislature, win the US Senate seat and go for Joe Biden – a sign that abortion directly on the ballot influences how other races could go.They made clear to a few dozen attendees: the ban is now in place because of Trump’s US supreme court nominees, who overturned Roe vs Wade. The 1864 ban is still in place because Arizona Republicans explicitly voted to keep it there as recently as two years ago. It hasn’t been repealed yet because legislative Republicans have blocked Democrats’ efforts to do so for years.The backlash to the ban has taken aim at Arizona’s supreme court, too, where two justices are up for retention elections. A progressive group, Progress Arizona, is raising money for a campaign to oust the Republican justices Clint Bolick and Kathryn H King.“The fact is, even if we were to repeal this ban, that is not the end of the fight,” the Democratic state representative Oscar de los Santos told the crowd. “This November, we have an election that isn’t merely a choice between two parties: it is a choice between two visions, between freedom and fascism, between hope and hate, between 1864 and 2024.”Anthony hopes she won’t have to gather signatures for abortion access again. She thinks the measure will make it to the ballot this year, and from there, it’s up to the voters. But a lot of other factors are in limbo, like the rights of Arizonans to access abortion care in the state.“I am most concerned at this point by anything that [Republicans] are going to put on there to muddy the waters, to confuse people,” Anthony said. “That’s what I’m concerned with. So I’m anxious to hear from our folks what the strategy will be come 3 July, when we deliver the boxes to the secretary of state. So what happens then? What are we doing then?” More

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    Two Turning Point USA members admit to assaulting queer professor

    Two employees of a rightwing youth organization who harassed and assaulted a queer professor last year agreed to a diversion program and admitted they were guilty of the acts.Turning Point USA’s Kalen D’Almeida and Braden Ellis accosted the Arizona State University (ASU) professor David Boyles last October, hounding him about his sexuality and the classes he teaches. Boyles is an English instructor and the co-founder of Drag Story Hour Arizona.At one point, D’Almeida pushed Boyles to the ground, bloodying his face. Boyles posted an image of his injuries online at the time, saying his physical injuries were “relatively minor” but that he felt “angry, violated, embarrassed and despairing at the fact that we have come to normalize this kind of harassment and violence” against the LGBTQ+ community.Both D’Almeida and Ellis signed diversion agreements with prosecutors that acknowledge they committed the offenses and enter them into an educational program to avoid convictions, Phoenix TV station 12News reported.D’Almeida, who was charged with misdemeanors for assault, harassment and disorderly conduct, and Ellis, charged with misdemeanor harassment, had previously pleaded not guilty and, in the immediate aftermath of the incident, the organization said Ellis, who works as its cameraman, would pursue charges against Boyles.Boyles told the Guardian he was “disappointed but not surprised” that the county attorney pursued “the lightest possible slap on the wrist” for the Turning Point employees, but that he was gratified to see that “the two hateful losers who stalked, harassed, and assaulted me at my place of work last October have admitted their guilt”.“I hope this incident has made people aware that Turning Point USA does not care about free speech or serious debate but instead trades in hateful and bigoted rhetoric solely to ‘create content’ for their endless tedious podcasts and to stoke fear and violence in the real world,” Boyles said in a statement. “And I hope administrators at Arizona State and other universities will work to protect their LGBTQ+ students, staff, and faculty by no longer indulging and coddling organizations like TPUSA.”Turning Point USA said in a statement that it was “uninvolved in this matter, and the decision on the correct legal course had been left entirely to our reporters and their counsel”.“To be clear, Kalen and Braden have not been found guilty of anything in court. Diversion is a legal tactic where all charges are dismissed, and the language is boilerplate and standard to all such cases,” a TPUSA spokesperson Andrew Kolvet, said. “The fact is our reporters would not be permitted a jury trial for such a low-level misdemeanor, but instead be subject to a bench decision from a judge, Tyler Kissell, who doesn’t even have a law degree, was vice-president of the ASU chapter of Young Democrats, ran for state senate as a Democrat, and whose recent work experience includes teaching pre-school. Given these realities, we entirely understand why they decided to pursue this route.”ASU’s president, Michael Crow, previously condemned the attack on Boyles and has tried to get Turning Point to remove the university’s professors from its “professor watchlist” because it prompted harassment and threats against them.skip past newsletter promotionafter newsletter promotion“We are looking at all of our options now that the TP employees have plead[ed] guilty to their crimes,” Crow said in an email on Tuesday. “This includes direct engagement with TP to see what they are doing with their criminal employees.”Turning Point USA plays a large role in Republican politics, especially in Arizona, where it is based. The group boosted Donald Trump’s candidacy and is aligned with the Maga movement. Its leaders, including founder and executive director Charlie Kirk, are prominent conservative commentators, and it has chapters on college campuses around the country. Multiple Arizona lawmakers have held jobs at the organization over the years, including state representative Austin Smith, who recently resigned from Turning Point after allegations he submitted forged signatures of voters in his petitions to run for re-election.The organization has also clashed with the university community in a few instances, including over an event that brought Kirk and other conservatives to campus to speak. More

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    Mistrial Declared in Case of Arizona Rancher Accused of Murdering Migrant

    George Alan Kelly is accused of fatally shooting Gabriel Cuen-Buitimea, an unarmed migrant from Mexico, on his 170-acre ranch in Kino Springs, Ariz., last year.A judge on Monday declared a mistrial in the case of an Arizona rancher who was accused of murdering an unarmed migrant on his property after he crossed the U.S.-Mexico border last year, in a case that inflamed people on both sides of the national debate over immigration.The mistrial was declared after jurors were unable to reach a unanimous verdict during deliberations that began on Thursday. The judge scheduled a hearing for April 29, according to the Arizona Superior Court in Santa Cruz County.Calls on Monday evening to prosecutors and to Brenna Larkin, a lawyer for Mr. Kelly, were not immediately returned.Gabriel Cuen-Buitimea was among a group of undocumented migrants who were crossing the high desert in Kino Springs, Ariz., near the border with Mexico on Jan. 30, 2023, when they spotted a Border Patrol vehicle and scattered, according to the authorities.When two of the men, Mr. Cuen-Buitimea and Daniel Ramirez, ran onto George Alan Kelly’s 170-acre ranch, Mr. Kelly fired his AK-47-style rifle at them, the authorities said. Mr. Cuen-Buitimea 48, who had crossed into the United States from his native Mexico in search of work, was hit in the back, law enforcement officials said.Hardened immigration critics and conservative ranchers seized on the case, casting Mr. Kelly as the real victim in posts on social media and saying that the episode was evidence of a growing threat to their security and livelihoods. But many in Santa Cruz County were horrified by the killing and viewed the surge in migrants crossing the border as a humanitarian crisis.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Republicans divided over abortion ahead of elections – podcast

    Last week the Arizona supreme court upheld a law first passed in 1864, which, if it goes into effect, will ban almost all abortions in the state. Democrats were quick to denounce the ruling, but some prominent Republicans were not happy with it either, including Donald Trump.
    Since the overturning of Roe v Wade nearly two years ago, individual states have had the ability to restrict abortion rights and several have jumped at the chance.
    This week, Jonathan Freedland and Moira Donegan of Guardian US discuss why Republicans are divided on restrictions they worked so hard to put in place. Why are once staunch supporters of abortion bans wavering? And as November fast approaches, will abortion be the issue that swings the election?

    How to listen to podcasts: everything you need to know More

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    Far-right US Senate candidate tells crowd to ‘strap on a Glock’ before elections

    Republican US Senate candidate Kari Lake has told supporters to “strap on a Glock” ahead of the 2024 elections as she struggles to gain ground against her Democratic rival in Arizona.In a campaign speech made to a crowd in Arizona’s Mohave county on Sunday, Lake echoed Trump-like terms in calling Washington DC a “swamp” – and used a reference to carrying guns when she told people to prepare for an “intense” election year.Lake hopes to represent Arizona in the seat to be vacated by Democrat turned independent Kyrsten Sinema.Lake told the crowd: “We need to send people to Washington DC that the swamp does not want there. And I can think of a couple people they don’t want there. First on that list is Donald J Trump; second is Kari Lake.“He’s willing to sacrifice everything I am. That’s why they’re coming after us with ‘lawfare’,” Lake said, referencing the ex-president’s many legal troubles as he stands trial in New York.“They’re going to come after us with everything. That’s why the next six months is going to be intense. And we need to strap on our … ”Lake briefly paused before deciding on the item her supporters should strap on. After suggesting a “seatbelt”, a “helmet” and “the armor of God”, she said: “And maybe strap on a Glock on the side of us just in case.”Before running for the Senate seat, Lake ran for governorship of Arizona in 2022 on a hard-right platform where she echoed Donald Trump’s false claims that he was not beaten in the 2020 presidential election by Joe Biden. She lost to her Democratic rival, Katie Hobbs.She told supporters on Sunday, referring to constitutional gun rights and free speech rights: “We’re not going to be the victims of crime. We’re not going to have our second amendment taken away. We’re certainly not going to have our first amendment taken away by these tyrants.”But despite Lake’s assertive remarks, more voters are now moving towards her Democratic opponent, Ruben Gallego, Politico reported.Politico cited election analyst Sabato’s Crystal Ball at the University of Virginia’s Center for Politics, which moved the likelihood of the open Senate race from “toss-up” to “leans Democratic”.skip past newsletter promotionafter newsletter promotionIt’s not yet clear how much the issue of abortion will sway elections in the state, where last week the Arizona supreme court ruled a divisive 19th-century near-total abortion ban would soon go into effect, almost two years after the overturning of Roe v Wade’s federal abortion rights protection by the US supreme court. The revived historical law in Arizona makes no exceptions for rape or incest and only allows abortions if the mother’s life is at risk.Lake has flip-flopped on the issue, previously supporting the law and now saying she opposes it.Democrats in the Arizona house of representatives are seeking to repeal the pending 1864 ban on abortion, but they will need the help of some Republicans in the closely divided legislature.Reuters contributed reporting More

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    Kari Lake Urges Supporters to Arm Themselves Ahead of Election

    Kari Lake, a top ally of Donald J. Trump who is running for a Senate seat in Arizona, called on her supporters on Sunday to arm themselves ahead of an “intense” period leading up to the election, urging them to “strap on a Glock,” referring to a brand of firearm.“The next six months is going to be intense,” Ms. Lake said during a rally in Lake Havasu City. “We’re going to strap on our seatbelt. We’re going to put on our helmet — or your Kari Lake ball cap. We are going to put on the armor of God. And maybe strap on a Glock on the side of us just in case.”The crowd roared its approval, and she continued, “You can put one here,” gesturing to the side of her hip, “and one in the back or one in the front. Whatever you guys decide. Because we’re not going to be the victims of crime. We’re not going to have our Second Amendment taken away. We’re certainly not going to have our First Amendment taken away by these tyrants.”When asked about Ms. Lake’s remarks on Tuesday, Alex Nicoll, a representative of the campaign, said that “Kari Lake is clearly talking about the Second Amendment right for Arizonans to defend themselves.”It is not the first time Ms. Lake has alluded to armed conflict with her and her supporters. Last year, she said: “If you want to get to President Trump, you are going to have go through me, and you are going to have to go through 75 million Americans just like me. And I’m going to tell you, most of us are card-carrying members of the N.R.A.,” referring to the National Rifle Association. She added, “That’s not a threat — that’s a public service announcement.”Her voice is just one in a rising chorus of violent, authoritarian or otherwise aggressive political rhetoric from Mr. Trump and his allies. The former president shared a video late last month featuring an image of President Biden, his Democratic rival, hogtied. He has also said that migrants are “poisoning the blood of our country” and described his political opponents last year as “vermin” who needed to be “rooted out.”And Senator Tom Cotton, Republican of Arkansas, on Monday urged people whose routes were blocked by pro-Palestinian demonstrators to “take matters into your own hands” and confront the offenders, endorsing the use of physical force against peaceful protesters. More

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    Under Pressure From Trump, Arizona Republicans Weigh Response to 1864 Abortion Ban

    Facing mounting pressure to strike down a near-total abortion ban revived last week by Arizona’s Supreme Court, Republican state legislators are considering efforts to undermine a planned ballot measure this fall that would enshrine abortion rights in the Arizona Constitution, according to a presentation obtained by The New York Times.The 1864 law that is set to take effect in the coming weeks bans nearly all abortions and mandates prison sentences of two to five years for providing abortion care. The proposed ballot measure on abortion rights, known as the Arizona Abortion Access Act, would enshrine the right to an abortion before viability, or about 24 weeks. Supporters of the measure say they have already gathered enough signatures to put the question on the ballot ahead of a July 3 filing deadline.Republicans in the Legislature are under tremendous pressure to overturn, or at least amend, the 1864 ban. Former President Donald J. Trump, the national standard-bearer of the Republican Party, directly intervened on Friday, calling on Republican legislators, in a frantically worded post online, to “act immediately” to change the law. A top Trump ally in Arizona who is running for the Senate, Kari Lake, has also called for the overturning of the 1864 law, which she had once praised.Abortion rights have been a winning message for Democrats since the Supreme Court, with three justices appointed by Mr. Trump, overturned Roe v. Wade in 2022. And even though it is an objectively unpopular aspect of his White House legacy, Mr. Trump has repeatedly bragged that he is personally responsible for overturning Roe.Republicans in Arizona, however, have already resisted efforts to repeal the 160-year-old law and are bracing for the potential for another floor battle on the ban that is looming for the Legislature, which is set to convene on Wednesday. The plans that circulated among Republican legislators suggest the caucus is considering other measures that would turn attention away from the 1864 law.The presentation to Republican state legislators, written by Linley Wilson, the general counsel for the Republican majority in the Arizona State Legislature, proposed several ways in which the Republican-controlled Legislature could undermine the ballot measure, known as A.A.A., by placing competing constitutional amendments on the ballot that would limit the right to abortion even if the proposed ballot measure succeeded.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Arizona Democrat says enshrining abortion rights in constitution best remedy to 1864 ban

    Repealing the 1864 near-total abortion ban that Arizona’s state supreme court recently ruled was enforceable would have little effect because “the damage is done”, the Democratic congressman Ruben Gallego said on Sunday.“Any initiative they pass right now wouldn’t even take effect for quite a while,” the US House member and Senate hopeful told NBC News on Sunday, referring to the 90-day delay such a maneuver would undergo before taking effect. He also said a repeal would be vulnerable to being neutralized by future iterations of the state legislature, remarking: “It could just get overturned later by another state house or state senate.”Gallego instead maintained that codifying abortion rights in Arizona’s constitution through a public referendum was the best countermeasure available for the state supreme court decision clearing the way for authorities to enforce a ban with exceptions for medical emergencies – but not for rape or incest.“The only protection we really, really have is to codify this and put this on the ballot and enshrine” the abortion rights once granted federally by the US supreme court’s landmark Roe v Wade decision in 1973, Gallego added. “Protect abortion rights.”His comments came five days after the rightwing court’s ruling allowing enforcement of a ban that pre-dates Arizona’s statehood by nearly five decades.The law has not immediately taken effect but is bound to supersede a separate 15-week abortion ban that the state passed separately.An Arizona state lawmaker quickly moved to repeal the 1864 ban but has so far been blocked from advancing his proposal by fellow Republicans.The ruling in question was made possible thanks to the removal of abortion rights at the federal level in 2022 by a US supreme court counting on three conservative justices appointed during Donald Trump’s presidency.The elimination of federal abortion rights have driven Democratic victories in elections ever since. And confronted with the reality that most in the US support at least some level of abortion access, Republicans who cheered the reversal of Roe v Wade scrambled to distance themselves from the Arizona supreme court’s 9 April ruling.skip past newsletter promotionafter newsletter promotionThat includes Kari Lake, the Republican who in the fall plans to run for the Arizona US Senate seat held at the moment by the independent Kyrsten Sinema.“This total ban on abortion the Arizona supreme court just ruled on is out of line with where the people of this state are,” Lake – who is endorsed by Trump – said in a video on Thursday. “This is such a personal and private issue.”Lake had previously expressed her approval of Arizona’s 1864 abortion ban after the US supreme court eliminated Roe v Wade – and before she lost the state’s 2022 gubernatorial election to her Democratic rival, Katie Hobbs.And Gallego has seized on that change of position, telling MSNBC recently: “Arizonans aren’t dumb. They know that Kari Lake is lying and is willing to say anything she can to win and to hold power, and they will not trust her with this.”Gallego’s campaign has helped a coalition of reproductive rights groups collect signatures aiming to put a referendum on Arizona’s ballot for the November elections proposing to enshrine abortion rights in the state’s constitution.The proposed constitutional amendment would establish a fundamental right to abortions up to about the 24th week of pregnancy, with exceptions to protect lives and physical or mental health of pregnant people.Ballot initiative campaign organizers say they have about 120,000 more signatures than needed to get the issue before voters in November. But that cushion is necessary because those opposed to the campaign have the right to scrutinize and challenge the validity of those signatures.An Iraq war veteran who served with the US marines, Gallego’s first term in the House began in 2015 and he has been representing his current district since early 2023.Both he and Lake are heavily favored to advance out of their respective parties’ Senate primaries in July to run in November for a seat being left vacant by Sinema, who chose to not seek re-election. More