Nevada Question 7, Abortion Legal to 24 Weeks Statute Referendum (1990)

Nevada Question 7
Election date November 6, 1990
Topic Abortion policy
Status Approved
Type Veto referendum	Origin Citizens

Nevada Question 7, the Abortion Legal to 24 Weeks Statute Referendum, was on the ballot in Nevada as a veto referendum on November 6, 1990. The ballot measure was approved, thus affirming NRS 442.250.

In Nevada, voter approval of a veto referendum is called a statute affirmation; in this case, voter approval prohibits the Legislature from amending or repealing NRS 442.250 without sending the proposed changes to voters to decide.

A "yes" vote was to uphold NRS 442.250, a statute that permits abortion up to 24 weeks gestation, and prohibit the Legislature from amending or repealing NRS 442.250 without sending the proposed changes to the ballot for voters to decide.

A "no" vote was to repeal NRS 442.250, a statute that permits abortion up to 24 weeks gestation, and allow the Legislature to amend or repeal NRS 442.250.

Overview

What did Question 7 change about abortion law in Nevada?

Question 7 was a referendum on Nevada Revised Statutes (NRS) 442.250, which provided that abortion was legal up to 24 weeks gestation.

In 1989, the Campaign for Choice, which supported the statute, filed a referendum petition to place NRS 442.250 on the ballot. This is a unique aspect of Nevada's referendum process; in other states, referendum campaigns seek to repeal, not support, legislation. In Nevada, voter approval of a citizen-initiated referendum results in a statute affirmation, whereas voter rejection results in legislation being repealed. A statute affirmation prohibits the Legislature from amending or repealing the voter-approved legislation without sending the proposed changes back to the ballot.

According to the Reno Gazette Journal, referendum proponents sought to put NRS 442.250 on the ballot, despite the risk of the issue being rejected and the law repealed, due to concerns that legislators opposed to abortion were planning to amend or repeal the statute. Mylan Hawkins, a coordinator for the Campaign for Choice, said, "This way, we say to the Legislature: ‘We’re not tying your hands, but when you do write such laws, the citizens of Nevada do have a right to review such laws.’” The Choose Life Campaign, which advocated for a "no" vote on Question 7, stated, "This referendum would prohibit the Nevada Legislature from ever protecting any unborn baby from abortion for any reason, even though the recent U.S. Supreme Court Webster decision now permits individual state legislatures to reasonably regulate abortion."

On November 6, 1990, 63.47% of electors voted to approve Question 7, resulting in a statute affirmation on NRS 442.250.

Election results

Nevada Question 7
Result		Votes	Percentage
Yes		200,645	63.47%
No		115,495	36.53%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title was as follows:

“

Shall the statute NRS 442.250, "Conditions under which abortion permitted," be approved?

”

Ballot summary

The ballot summary was as follows:

“

If this proposal is approved, NRS 442.250, the existing Nevada statute regulating abortion, will remain in effect and cannot be amended, repealed or otherwise changed, except by a direct vote of the people. If this proposal is disapproved, the existing statute will be void and of no effect, and the Legislature will then have to decide what, if any, law will replace it. The existing statute permits a woman to have an abortion performed by a physician within 24 weeks after the commencement of the pregnancy. A physician may perform an abortion after 24 weeks only to preserve the life or health of the pregnant woman. A "Yes" vote is a vote to approve the existing statute. A "No" vote is a vote to disapprove the existing statute.

”

Full text

Question 7 was a veto referendum on Nevada Revised Statutes (NRS) 442.250. The following was the text of NRS 442.250 in 1990:

NRS 442.250. Conditions under which abortion permitted. 1. No abortion may be performed in this state unless the abortion is performed: (a) By a physician licensed to practice in this state or by a physician in the employ of the government of the United States who: (1) Exercises his or her best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and (2) Performs the abortion in a manner consistent with accepted medical practices and procedures in the community. (b) Within 24 weeks after the commencement of the pregnancy. (c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman. 2. All abortions performed after the 24th week of pregnancy or performed when, in the judgment of the attending physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the womb by natural or artificial supportive systems must be performed in a hospital licensed under chapter 449 of NRS. 3. Before performing an abortion pursuant to subsection 2, the attending physician shall enter in the permanent records of the patient the facts on which the physician based his or her best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the patient or would gravely impair the physical or mental health of the patient.

Support

The Campaign for Choice led the campaign in support (a 'yes' vote) of the referendum.

Supporters

Organizations

• National Organization for Women

Arguments

• Sheri O’Dell, vice president of the National Organization for Women: “A lot of people may have feelings on the other side about abortion, but they don’t want the government to make the decision for them."
• Mylan Hawkins, coordinator for the Campaign for Choice: “This way, we say to the Legislature: ‘We’re not tying your hands, but when you do write such laws, the citizens of Nevada do have a right to review such laws.’”

Opposition

The Choose Life Campaign '90 led the campaign in opposition (a 'no' vote) to the referendum.

Opponents

Organizations

• Nevada Eagle Forum
• Nevada Right to Life

Arguments

• Janine Hansen, co-leader of the Choose Life Campaign: “Nevadans won’t stand for the nation’s most liberal abortion law, which will allow unborn children to die because they are inconvenient or the wrong sex.”
• Choose Life Campaign: “This referendum would prohibit the Nevada Legislature from ever protecting any unborn baby from abortion for any reason, even though the recent U.S. Supreme Court Webster decision now permits individual state legislatures to reasonably regulate abortion.”

Background

Statute affirmation

See also: Statute affirmation

A statute affirmation is a citizen-initiated ballot measure that prevents the Legislature from repealing or amending a statute in the future without a direct vote of the electorate. Nevada is the only state with this type of ballot measure. A statute affirmation is akin to a veto referendum being approved, rather than rejected, in Nevada.

There have been two statute affirmations in Nevada. One was passed in 1956, and the other was approved in 1990.

List of statute affirmations
Year	Measure	Description	Yes (%)	No (%)
1956	Question 8	Affirmed Nevada Revised Statutes (NRS) 372, a statute that enacted a 2% state sales tax, and thus prohibited the Legislature from amending or repealing NRS 372 without voter approval	68.82%	31.18%
1990	Question 7	Affirmed NRS 442.250, a statute that permits abortion up to 24 weeks gestation, and thus prohibited the Legislature from amending or repealing NRS 442.250 without voter approval	63.47%	36.53%

Path to the ballot

See also: Laws governing the initiative process in Nevada

In Nevada, a veto referendum campaign must collect signatures equal to 10 percent on the total number of votes cast in the preceding general election. In 1990, the requirement was 35,426 signatures.

Proponents filed a petition for the referendum on September 13, 1989. Laura FitzSimmons, legal counsel for the Campaign for Choice, said, “What we’re doing is putting this straight to the individual voters of Nevada.” FitzSimmons said that the referendum, if approved, would have the effect of requiring legislators to refer to voters any future changes to the abortion law.

The Reno Gazette Journal wrote that referendum proponents estimated that, in the Nevada State Senate, 15 of 21 (71%) members opposed abortion and, in the Nevada State Assembly, 32 of 42 (76%) members opposed abortion. In 1990, Republicans controlled the Senate and Democrats controlled the Assembly. Then-Gov. Bob Miller was a Democrat.

Signatures were due on May 4, 1990. The campaign filed 76,815 signatures on May 2. Officials verified that enough of the filed signatures were valid for the referendum to appear on the ballot.

See also

1990 Measures

• 1990 Measures
• Abortion policy on the ballot
• 1990 legislative sessions

Nevada

• Nevada ballot measures
• Nevada ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls