Posters for Montanans Securing Reproductive Rights, the group behind CI-128 in 2024. (Photo by Blair Miller, Daily Montanan)
Preliminary election results in Montana show supporters of Constitutional Initiative 128, which would enshrine abortion rights in the state’s constitution, have a slight early lead over opponents of the initiative, as the “yes” votes outweighed the “no” votes 56% to 44% with about 32,000 votes for the measure counted.
Whether the initial several thousand votes amount to a long-term trend as more votes are tallied remains undetermined, as the Secretary of State’s Office reports there are now just more than 800,000 registered voters in Montana, and several larger counties still have people in line waiting to vote.
Should CI-128 end up passing by a majority vote, it would mean Montana’s government would not be able to step in and try to prevent people from having abortions before a fetus is viable, widely regarded as about 24 weeks gestation, according to Montana medical professionals.
The amendment, if it passes, would also prohibit the government from placing any burdens or restrictions on health care professionals who perform an abortion at any time when it is necessary to protect the life or health of the mother. And it would keep the government from penalizing any providers or patients who help with or obtain an abortion.
Abortion in Montana has remained legal because of the Montana Supreme Court’s 1999 decision in Armstrong vs. State of Montana. In that case, the court found the state constitution’s right to privacy included the right to an abortion.
Under the Gianforte administration and Republican-held Legislature in recent years, lawmakers have passed, and Gianforte has signed, several bills seeking to restrict abortion access in Montana. Nearly all of them have been overturned in court because of protections under the Armstrong decision.
Montana voters in 2022 rejected the legislatively referred “born alive” ballot issue, with 53% of Montanans opposed and 47% in favor. The measure would have established large fines and prison terms for violating the law had it passed and would have stated that infants born alive at any stage of development were legal persons.