Democrats could overturn AZ 1864 abortion ban with help from a few Republicans. Here's how
Corrections & Clarifications: A previous version of this article misidentified Rep. Matt Gress' position on the 1864 abortion ban and his procedural votes.
Arizona Democrats, aided by a pair of Republicans in each chamber of the Legislature, appear to have the votes to pass a bill repealing the state's 1864 abortion ban.
Almost anything is possible with a vote of 31 out of 60 in the state House, or 16 out of 30 in the state Senate.
Lawmakers say they expect to see a vote on the repeal when they return to work on Wednesday, even though the Legislature's leaders don't want it. The process almost started last week but stalled when Republicans didn't get behind it.
Republicans hold one-seat majorities in the House and Senate, but Democrats can reach a majority with help from a few Republicans. Rules normally require that bills get heard by committees and move along the process according to set timelines, but a majority of members can vote to waive the rules.
How could lawmakers overturn Arizona's 1864 abortion ban?
To start the repeal, a House member would bring up a motion to waive normal procedure for House Bill 2677.
Submitted by Democratic Rep. Stephanie Stahl Hamilton in January, the bill simply repeals Arizona Revised Statute 13-3603, a law that's been on the books for 160 years.
Like many other Democratic bills this year, the repeal bill has never been heard in a committee. That would normally make it ineligible for a vote before the Arizona House or Senate.
But with 31 votes, House members could vote to waive the rules and bring Stahl Hamilton's repeal bill up for consideration.
If no such bill already existed, lawmakers could create one with a strike-all amendment.
Can Democrats overturn Arizona abortion ban by themselves?
No.
Republicans hold a one-seat advantage in both chambers, meaning two GOP lawmakers would have to vote with Democrats on repeal. Two Republicans in each chamber have indicated they support repeals: Sens. T.J. Shope of Coolidge and Shawnna Bolick of Phoenix, and Reps. Matt Gress of Phoenix and David Cook of Globe.
There's a slight complication in the lower chamber, where Democrats are short one member after Rep. Marcelino Qui?onez, a Phoenix Democrat, resigned. Without the new member, at least three Republicans would be needed in the House.
But a new member is expected to be sworn in ahead of Wednesday's floor session, which would mean Democrats have enough votes to overturn the ban.
Pivotal election year: Rep. Qui?onez and another Democratic incumbent bow out of Arizona Legislature runs
How quickly can lawmakers overturn Arizona abortion ban?
It will likely take at least three days, largely because of legislative proceedings in the Senate.
That's because the state constitution requires bills be heard on three separate days.
Hamilton's bill has already been heard twice in the House, so following the procedural motion to allow a vote, the full House can vote on it. Republicans who vote to waive the rules will likely also vote to approve the repeal bill.
The bill would then move to the Senate for another rule-waiving vote. As with the House, at least two Republicans will be needed to make this happen.
But unlike in the House, the bill has not been read once yet. The Senate would still need three days to pass the bill unless that rule gets waived by a two-thirds majority vote. Although the Legislature is currently meeting only once each Wednesday, the majority advancing the repeal process could vote to bring the Senate in for consecutive days.
Once the bill passes the Senate it would go to the desk of Democratic Gov. Katie Hobbs for an expected signature.
The repeal would take effect 90 days after sine die, the end of the year's legislative session. A long session seems assured since the Legislature and governor still haven't agreed on a budget, meaning the repeal isn't likely to take effect until September.
Why didn't lawmakers repeal Arizona's abortion ban last week?
Hamilton had planned a motion to have her repeal bill heard in the House on April 10, but Phoenix Republican Matt Gress motioned first. Gress is from a swing district and doesn't support the territorial-era law. But after motioning to bring the bill forward, he joined Republicans in a substitute motion to recess.
Hamilton motioned to move the bill later that day, but that was blocked by a Republican motion to adjourn. Democrats and Gress voted against that motion, but another Republican vote would have been needed to stop adjournment.
Reach the reporter at [email protected] or 480-276-3237. Follow him on X @raystern.
This article originally appeared on Arizona Republic: Arizona abortion ban: How Democrats could overturn 1864 law this week