Arizona’s 1864 abortion ban could be repealed as early as next week

Arizona’s 1864 abortion ban could be removed from state law by next week following Wednesday’s passage of a repeal bill in the state House of Representatives.

Advocates of legal abortion say the move, if successful, would mean less chance of women being harmed.

Some Republicans believe it would also subdue some of the political fallout from the April 9 state Supreme Court ruling ahead of a key election that could decide control of the Legislature. Others, like Mesa Republican Rep. Jacqueline Parker, have denounced that position. Parker slammed Republicans who crossed over to vote with Democrats to approve overturning the ban, saying a GOP legislative majority doesn’t matter if Republicans won’t fight for their values.

But House Bill 2677 still has to clear the state Senate on May 1 before it can land on Gov. Katie Hobbs’ desk for a signature.

All signs point to an easy process, but surprises are possible. Here’s how the repeal bill will likely move forward.

The state constitution requires both chambers to hear bills on three separate days before voting on them, but not if two identical bills are merged.

In this case, House Bill 2677 has been heard three times in the House. The state Senate has its own repeal bill winding through the process, but that bill has only been heard twice in the Senate.

To avoid delay, the Senate bill will likely be substituted with the House bill. Doing that would mean the bill could be voted on in the Senate because it’s already been heard three times.

Rep. Matt Gress of Phoenix, one of three Republicans who voted with Democrats to pass House Bill 2677, motioned after the vote to transmit the bill immediately to the Senate, then send it immediately to the governor unless the Senate amended it.

The motion failed on a 30-30 vote. But House Speaker Ben Toma’s anger was palpable over the apparent assumption he would slow-walk the bill to the Senate if not for the motion.

Toma, R-Glendale, stripped Gress and Democratic Rep. Oscar De Los Santos of their assignments in the House Appropriations Committee. Toma also removed De Los Santos, who serves as assistant minority leader, from the Rules Committee.

“Procedurally, he decided to do things in such a way that, if you will, defied the caucus,” Toma said Thursday of Gress on public radio station KJZZ. “And there has to be caucus unity and caucus discipline.”

He added that Gress’ motion to have the repeal bill sent immediately to the Senate and for it to be returned without amendments after almost all Republicans voted against the repeal “rubs a raw wound.”

It turned out the motion was unnecessary. House spokesperson Andrew Wilder said the House transmitted the bill to the Senate immediately on Wednesday.

As for De Los Santos, Toma said he removed the Democrat because of his role in leading a loud protest against the failure of the House two weeks ago to allow a vote on HB2677.

The Senate had already adjourned when the House passed the bill, so it couldn’t take any immediate action on it. Both the state House and Senate currently meet only once each Wednesday while legislative leaders and Hobbs negotiate terms of the state budget.

That means the Senate will most likely vote on the bill May 1 following a procedural motion to swap the Senate bill with House Bill 2677.

Hobbs could sign the bill the same day, but it won’t go into effect until 90 days after the legislative session ends.