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North Dakota Measure 1, Abortion Legalization to 20 Weeks Initiative (1972)

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North Dakota Measure 1
Flag of North Dakota.png
Election date
November 7, 1972
Topic
Abortion
Status
Defeatedd Defeated
Type
State statute
Origin
Citizens

North Dakota Measure 1, the Abortion Legalization to 20 Weeks Initiative Initiative, was on the ballot in North Dakota as an initiated state statute on November 7, 1972. The ballot measure was defeated.

A "yes" vote supported allowing physicians to perform abortions when a woman's period of gestation has not exceeded 20 weeks.

A "no" vote opposed allowing physicians to perform abortions when a woman's period of gestation has not exceeded 20 weeks.


Election results

North Dakota Measure 1

Result Votes Percentage
Yes 62,604 23.41%

Defeated No

204,852 76.59%
Results are officially certified.
Source


Overview

What would Measure 1 have changed about abortion law in North Dakota?

Measure 1, a citizen-initiated ballot measure, was designed to legalize abortion for the period of gestation that has not exceeded 20 weeks. Women under 18 years old would have been required to receive consent from their legal guardian or husband before obtaining an abortion.[1]

The then-existing law prohibited abortions in North Dakota, except in cases when the woman's life is in danger.[2]

On November 7, 76.59% of voters rejected Measure 1, and the initiative was defeated.

Text of measure

Ballot title

The ballot title was as follows:[1]

Allows termination of the pregnancy of a woman not quick with child by a physician licensed under Chapter 43-17 - PHYSICIANS AND SURGEONS - NDCC, provided that; gestation is not more than 20 weeks; she has consented; if she is under the age of eighteen years, her husband or legal guardian has consented; she has resided in this state for at least ninety days prior to the date of termination; and that such termination be performed in a hospital accredited by the Joint Commission on Accreditation of Hospitals or a medical facility approved for that purpose by the State Department of Health. If a physician determines that termination is immediately necessary to meet the medical emergency, the pregnancy may be terminated elsewhere.

No hospital nor any person shall be under any duty to participate in a termination of pregnancy if such hospital or person objects to such termination. No such person shall be discriminated against in employment or professional privileges because he so objects.[3]

Ballot summary

The ballot summary was as follows:[1]

Be it enacted by the people of the state of North Dakota:

A “yes” vote means you approve this Act allowing the termination of pregnancy if certain pre-conditions are present.

A “no” vote means you reject this Act allowing the termination of pregnancy if certain pre-conditions are present.

Shall said initiated statute (measure) be approved?[3]

Support

The N.D. Abortion Initiative Committee led the campaign in support of the ballot measure.[4]

Arguments

  • Dr. Robert Koshnick, information director for the N.D. Abortion Initiative Committee: "In a pluralistic society and particularly with a constitutional guarantee of separation of church and state, no one sect or sects should be allowed to impose their views by law on others."


Opposition

North Dakota Right to Life led the campaign in opposition to the ballot measure.[4]

Arguments

  • Dr. Albert H. Fortman, chairman of the North Dakota Right to Life Association: “[Measure 1] would open North Dakota to abortion traffic from any of our surrounding states or any place else in the nation.”


Path to the ballot

See also: Laws governing the initiative process in North Dakota

Measure 1 was an initiated state statute. Proponents filed 11,198 signatures, and Secretary of State Ben Meier (R) reported that 10,845 signatures were valid.[5]

See also


Footnotes