Repeal of Arizona abortion ban may end up in hands of Peoria legislator

A repeal of Arizona’s territorial-era abortion law cleared one hurdle Wednesday, but the Peoria legislator in charge of the Republican-controlled House of Representatives hasn’t committed to sending the bill to Gov. Katie Hobbs if it ultimately passes.

Even assuming Senate approval, one hurdle remains.

Under normal circumstances, once that happened, it would be up to House Speaker Ben Toma to send the final version to Hobbs. But the Peoria Republican, who said he believes that life begins at conception — and who voted against repeal — refused to commit to sending the final measure to the governor.

“I’m not guaranteeing nothing,’’ he said.

And if he refuses, that sets the stage for another fight next week, though it appears the votes would be there to force his hand.

The House voted 32-28 Wednesday — with three Republicans voting with all Democrats — to repeal the 1864 that outlaws abortions except to save the life of the mother. That sends the measure to the Senate where a preliminary vote last week shows their appear to be sufficient votes this coming Wednesday to approve identical language.

Toma, who is running for Congress in the 8th Congressional District, made it clear he was not happy with having his position on abortion overridden by a majority of House members.

He immediately removed Gress from his position on the House Appropriations Committee, as it was Gress who made the motion Wednesday to bring HB 2677 to the floor for a vote despite the fact it never went through he regular committee process.

And Rep. Oscar De Los Santos, D-Laveen, who seconded that motion, also was stripped of his assignments to both the Appropriations and Rules committees.

“Because I decided it,’’ Toma said when asked about the move. And as to whether it was a punishment, he said “I’m not answering that.”

Even if the repeal is signed into law, that won’t end the debate in the Republican-controlled Legislature.

The Rules Committee on Wednesday agreed to allow House GOP leadership to introduce three new ballot proposals even though the deadline for that had passed months earlier.

Toma said there is no specific plan. But he already has circulated proposals by House Republican staff to put alternatives on the November ballot to an initiative that, if approved by voters, would place a right to abortion in the Arizona Constitution.

That measure, which backers say already has more signatures than required, would allow abortion for any reason up until fetal viability. But it also would permit the procedure beyond that point in cases of preserving the life or the mental or physical health of the mother.

Among the proposals are alternatives, one of which would ban abortions at six weeks of pregnancy.

Proponents have made it clear the goal is not necessarily a more restrictive law than the initiative would allow but instead to provide multiple options on the ballot, something they admitted could dilute voter support for the initiative.