Kansas abortion amendment 4 votes short as lawmakers prepare for final showdown Friday

An anti-abortion amendment to the Kansas Constitution teetered on the brink Thursday, raising the possibility lawmakers will deny supporters swift passage of the proposal.

The House is set to hold a final vote Friday, but the measure stood on shaky ground in a first-round vote Thursday. The amendment was four votes shy of the two-thirds support needed to place it on a statewide ballot in August.

“I feel good,” said House Minority Leader Tom Sawyer, a Wichita Democrat. “I think this bill is too extreme for most Kansans.”

The early vote set off a 24-hour scramble among amendment backers to scrounge up support while opponents worked to keep their ‘no’ votes secure. House Speaker Ron Ryckman, an Olathe Republican, sounded a note of confidence, saying “we’re in a good place” ahead of the Friday vote.

At stake is whether the state constitution includes the right to an abortion. A Kansas Supreme Court decision last spring found that the foundational document provides women the right to end a pregnancy.

The amendment says the Legislature has the power to pass laws related to abortion. In effect, it would make legal challenges against abortion restrictions more difficult.

Supporters say the measure will ensure lawmakers can forever regulate abortion. Opponents say it would allow the Legislature to ban abortion if the federal right to the procedure is ever overturned.

Before the debate, amendment proponents appeared confident they would ultimately emerge victorious.

“I do believe that it will pass in the House,” said Kris Kobach, a Republican candidate for U.S. Senate.

Senate President Susan Wagle, a Wichita Republican also running for the U.S. Senate, said she believes the House will “do the right thing” and approve the amendment.

“We should have the votes,” said House Majority Leader Dan Hawkins, a Wichita Republican.

But by the end of the House debate, 80 representatives backed the amendment – short of the 84 needed. Four Republicans broke ranks to vote no, a decision certain to make them targets of intense lobbying. The Republicans were: Rep. Don Hineman of Dighton, Rep. Jan Kessinger of Overland Park, Rep. Bill Pannbacker of Washington and Rep. Tom Phillips of Manhattan.

Adding to the pressure surrounding Friday’s vote, the amendment debate is taking place in an election year, where support from conservative groups can in some instances make or break Republican candidates.

“A vote against this is a vote against life and a major issue in our book,” said Brittany Jones, director of advocacy for the Family Policy Alliance of Kansas.

No Democrat voted yes on Thursday, though some have supported anti-abortion legislation in the past. Democratic Gov. Laura Kelly made clear last week that she abhorred the amendment, saying it would return Kansas to the “dark ages.”

“I would like a resounding ‘no’ vote,” Kelly said.

The House took up the measure a week after the Senate advanced it largely along party lines. In the Senate, supporters defeated changes that would have enshrined in the constitution protections for abortion in cases of rape, incest and to save the life of the mother.

Senators also rejected an effort to place the amendment on the November general election ballot instead of the August primary ballot, which draws fewer voters.

In the House, the only proposed change came from the chamber’s right flank. Rep. Randy Garber, a Sabetha Republican, put forward language that would have effectively banned abortion. Lawmakers threw out the amendment on parliamentary grounds.

Since a coalition of anti-abortion groups rolled out the amendment last month, the arguments for and against the proposal have largely solidified. Thursday’s House debate was much the same.

Republicans argued the amendment would preserve current abortion regulations like parental notification and informed consent by women, while Democrats voiced fear that giving the Legislature the sole power to regulate the procedure paves the way for a future ban.

“This does not ban abortions or even take baby steps toward it,” Rep. Susan Concannon, a Beloit Republican, said.

But Rep. Stephanie Clayton, an Overland Park Democrat, quoted from Maya Angelou: “When someone shows you who they are, believe them the first time.”

“Today we saw an amendment that was brought to this bill that shows us what the true intention is of those who brought it,” Clayton said, referring to Garber’s proposal. “That amendment is what the endgame looks like.”

This story was originally published February 6, 2020 at 1:12 PM.