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Fact check/Heath Mello's voting record on abortion

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Fact check: Heath Mello's voting record on abortion

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Heath Mello

May 1, 2017
By Amée LaTour

Former Nebraska state Sen. Heath Mello, the Democratic candidate in Omaha’s mayoral race, was joined at an April 20 campaign rally by Keith Ellison, the deputy chairman of the Democratic National Committee (DNC), Nebraska Democratic Party Chair Jane Kleeb, and Sen. Bernie Sanders (I-Vt.).[1] That elicited a critical response from Ilyse Hogue, the president of NARAL Pro-Choice America, who characterized Mello as an “anti-choice candidate” and said the Democrats’ embrace of him was “politically stupid.”[2]

Is Hogue accurate in describing Mello as an “anti-choice candidate”?

There is a spectrum of opinion about what constitutes “pro-choice” or “anti-choice” positions (or “pro-life” or “pro-abortion”). During Mello’s time in the Nebraska Senate (2009 through 2016), he voted on six abortion-related bills. He voted in favor of three bills that limited the conditions under which abortions are legally available, and he also voted in favor of three other bills that attached conditions on receiving abortion services.[3][4][5][6][7][8]

In both his 2008 and 2012 state senate campaigns, Mello was endorsed by the political action committee of Nebraska Right to Life [9][10]

In a Huffington Post article about the DNC/NARAL dispute, Mello was quoted as saying: “While my faith guides my personal views, as mayor I would never do anything to restrict access to reproductive health care.”[11]

Background

Heath Mello is challenging incumbent Mayor Jean Stothert, a Republican, in the May 9 election. Although the office of mayor is officially nonpartisan, both Mello and Stothert identify their party allegiance in their 2017 campaign filings. In the April 4 primary, Mello won 41.4 percent of the vote to Stothert’s 43.7 percent.[12]

Mello was elected to the Nebraska Senate as a Democrat representing District 5 in 2008 and served until 2017, when he reached his term limit. Stothert has been mayor since 2013.

The dispute

Sanders, Ellison, and Kleeb appeared at Mello’s April 20 campaign rally as part of the DNC’s “Come Together, Fight Back” tour.[13][1]

That same day, NARAL issued a press release titled “DNC Chair Perez and Senator Sanders Embracing An Anti-Choice Candidate In Nebraska Today.” The release credits Hogue for stating: “The actions today by the DNC to embrace and support a candidate for office who will strip women – one of the most critical constituencies for the party – of our basic rights and freedom is not only disappointing, it is politically stupid.”[2]

The mayor of Omaha is responsible for supervising the city's executive and administrative functions, enforcing city ordinances and law, and submitting budget plans to the city council. The mayor has veto power over city council ordinances, although vetoes can be overridden with a vote of at least five of the council’s seven members.[14]

Abortion is largely regulated at the federal and state levels, but local officials may have a role. According to Local Progress, which describes itself as “a national network that supports, connects, and unites progressive local elected officials and allied organizations,” city officials may appropriate funds for abortion services; enact zoning ordinances that affect clinic locations; and/or establish regulations related to protests at such facilities.[15][16]

Mello’s voting record

As evidence of Hogue’s claim, NARAL staff referred Ballotpedia to a Rewire article which cited five bills that became law as evidence of what they called Mello’s “anti-choice” voting record.[17][18] Ballotpedia reviewed the legislation and verified Mello’s votes.

  • LB 675: In 2009, Mello co-sponsored and voted in favor of a bill requiring that an ultrasound used prior to the performance of an abortion must be displayed so that “the woman may choose to view the ultrasound images or not view the ultrasound images. The woman shall be informed that the ultrasound images will be displayed so that she is able to view them.” The bill also stated, “Nothing in this subdivision shall be construed to require the woman to view the displayed ultrasound images.”[6]
  • LB 594: In 2010, Mello voted in favor of a bill to require that women must undergo a risk screening at least one hour before an abortion, and the screening must be provided by a physician, physician assistant, psychiatrist, psychologist, mental health practitioner, licensed social worker, or registered nurse. The screening must evaluate risks associated with “any physical, psychological, emotional, demographic, or situational factor, for which there is a statistical association with one or more complications associated with abortion.” Screeners are required to provide detailed results to the woman and the abortion provider. The screening requirement may be excepted if an immediate abortion is required to “avert [a woman’s] death or for which a delay will create serious risk of substantial impairment of a major bodily function.”[7]
  • LB 1103: In 2010, Mello co-sponsored and voted in favor of a bill that prohibits abortion after 20 weeks of pregnancy unless the procedure is necessary to prevent the woman’s death, to avert "serious risk of substantial and irreversible physical impairment” to one of her major bodily functions, or to preserve the life of another fetus. The law establishes abortions performed against the law as Class IV felonies and states that women upon whom abortions are performed in violation of the law will not be penalized.[3][19]
  • LB 521: In 2011, Mello voted in favor of legislation that requires a physician to be present when an abortion is performed. It established that abortions performed or attempted in violation of the law are Class IV felonies (although the woman upon whom the abortion is performed is not subject to civil or criminal penalties). The bill also made it illegal for physicians to prescribe medication to induce an abortion without their presence.[4][20]
  • LB 22: In 2011, Mello voted in favor of a bill to prohibit qualified health plans participating in the state’s health insurance exchanges (established under the Affordable Care Act) from providing coverage for abortions. The bill allows insurers outside the exchanges to cover abortion if the coverage is provided as a rider, and the premium for the additional coverage is paid solely by the person insured. The bill exempted abortions performed to save the life of a woman.[8]

In addition, in 2011, Mello voted in favor of LB 690, which became law, requiring physicians to obtain written consent from a parent or legal guardian before performing an abortion on a minor (under the age of 18). (Prior law required notification, not consent.) A minor may petition a district or juvenile court to obtain an abortion without parental/guardian consent.[5]

Ballotpedia also analyzed Nebraska legislative records between 2009 and 2016 and did not find instances of Mello voting against legislation that would have restricted abortion or attached new conditions to abortion services. Two other bills that became law included language related to abortion, but neither one changed state law on abortion.

In 2010, Mello co-sponsored and voted in favor of LB 507, which allows pregnant women who lost Medicaid coverage due to rule violations to obtain coverage for prenatal services if the head of the state’s Department of Health and Human Services determines that domestic violence warrants an exception. The law excludes abortions, abortion referral, or abortion counseling from coverage by state funds.[21][22]

Also in 2010, Mello co-sponsored and voted in support of LB 1106, which established school-based health centers where students can receive supplemental physical and/or mental health care through providers on or near school grounds. The law specifies that a school-based health center must not “perform abortion services or refer or counsel for abortion services.”[23]

Conclusion

Former Nebraska state Sen. Heath Mello, the Democratic candidate in Omaha’s mayoral race, was joined at an April 20 campaign rally by DNC Chair Keith Ellison, Sen. Bernie Sanders (I-Vt.), and Nebraska Democratic Party Chair Jane Kleeb.[1] That elicited a critical response from Ilyse Hogue, the president of NARAL Pro-Choice America, who characterized Mello as an “anti-choice candidate” and said the Democrats’ embrace of him was “politically stupid.”[2]

During his time in the Nebraska Senate, Mello voted for three bills that put restrictions on abortion.[3][4][5] Mello also voted to bar health insurance plans offered through state-run exchanges from covering abortion; to require that, if an ultrasound is performed prior to an abortion, its images be displayed; and to require that women undergo screening for various risk factors before the procedure.[8][6][7]

See also

Sources and Notes

  1. ↑ 1.0 1.1 1.2 Omaha World-Herald, “Bernie Sanders stumps for Heath Mello at Baxter Arena,” April 20, 2017
  2. ↑ 2.0 2.1 2.2 NARAL Pro-Choice America, “NARAL Statement On DNC Chair Perez and Senator Sanders Embracing An Anti-Choice Candidate In Nebraska Today,” April 20, 2017
  3. ↑ 3.0 3.1 3.2 Nebraska Legislature, “LB1103 - Adopt the Pain-Capable Unborn Child Protection Act,” accessed April 25, 2017
  4. ↑ 4.0 4.1 4.2 Nebraska Legislature, “LB521 - Require the physical presence of a physician who performs, induces, or attempts an abortion,” accessed April 25, 2017
  5. ↑ 6.0 6.1 6.2 Nebraska Legislature, “LB675 - Provide for additional voluntary and informed consents from a woman prior to abortion,” accessed April 25, 2017
  6. ↑ 7.0 7.1 7.2 Nebraska Legislature, “LB594 - Change provisions relating to voluntary and informed consent for abortions,” accessed April 25, 2017
  7. ↑ 8.0 8.1 8.2 Nebraska Legislature, “LB22 - Adopt the Mandate Opt-Out and Insurance Coverage Clarification Act,” accessed April 25, 2017
  8. ↑ Nebraska Right to Life Political Action Committee, “2008 Survey of State Candidates,” accessed April 25, 2017
  9. ↑ Nebraska Right to Life Political Action Committee, “2012 Survey of State Candidates,” accessed April 25, 2017
  10. ↑ Huffington Post, “Omaha Mayoral Candidate Under Fire For Anti-Choice Past Vows To Protect Reproductive Rights,” April 20, 2017
  11. ↑ Douglas County Election Commission, “Summary Report, Official Results,” April 14, 2017
  12. ↑ Come Together, Fight Back, “Tour Dates,” accessed April 25, 2017
  13. ↑ Municode, “Omaha, Nebraska Code of Ordinances,” accessed April 25, 2017 (Sections 2.16 and 3.04)
  14. ↑ Local Progress, The National Municipal Policy Network, “What We Do,” accessed April 25, 2017
  15. ↑ Local Progress, “Abortion Access,” accessed April 25, 2017
  16. ↑ Amee LaTour, “Email communication with Susan Balding, NARAL communications manager,” April 26, 2017
  17. ↑ Rewire, “Setting the Record Straight: What the Elevation of Heath Mello Tells Us About the Democratic Party,” April 26, 2017
  18. ↑ In Nebraska, Class IV felonies are punishable by up to two years imprisonment and/or a $10,000 fine. Nebraska Legislature, “Nebraska Revised Statute 28-105,” April 26, 2017
  19. ↑ The law does not apply to emergency contraception, which some argue can serve as an abortifacient. National Conference of State Legislatures, “Emergency Contraception State Laws,” August 24, 2012
  20. ↑ Nebraska Legislature, “LB507 - Provide for payment of prenatal services in certain situations and change domestic assault and child abuse provisions,” accessed April 25, 2017
  21. ↑ Ballotpedia did not include large funding bills with language on abortion in our analysis of Mello’s record as these bills contain myriad provisions that do not involve abortion.
  22. ↑ Nebraska Legislature, “LB1106 - Provide for school-based health centers under the Medical Assistance Act,” accessed April 25, 2017
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