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Referendum 120 Passes – 2012 Montana Voters Decide Minors Will Need Parental Notification Prior to an Abortion

parental notification
Photo courtesy of Ashley Rose/Flickr

 

Update: 5:55 a.m. Nov 9- 

Despite personal assurance from the Secretary of State herself that the ballots from Yellowstone County would be finished by 5:00 p.m. on Thursday Nov. 7, 7% of Montana’s ballots have still not been accounted for. All but a few hundred of the unaccounted votes will effect the initiatives.

Currently, there are 331,147 votes in favor of Referendum 120, which is an insurmountable 70.72% of the vote.

 

10:30 a.m.-

With 23 out of 794 precincts reporting, referendum 120 appears to be on the way to passing with 71% of votes in favor and only 28% against.

If passed, Legislative Referendum No. 120 would not allow a physician in Montana to provide an abortion for anyone under the age of 16 without first notifying the parent or legal guardian of the minor. There are exceptions to the notification rule, which include parental waivers, medical emergencies, and judicial waivers.

The following text is what Montana voters will see in their ballots on November 6.

AN ACT REFERRED BY THE LEGISLATURE AN ACT REQUIRING PARENTAL NOTIFICATION PRIOR TO AN ABORTION FOR A MINOR; PROVIDING FOR A JUDICIAL WAIVER OF NOTIFICATION; PROVIDING PENALTIES; REPEALING PRIOR STATUTES RELATING TO PARENTAL NOTIFICATION; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA; AMENDING SECTIONS 41-1-405 AND 47-1-104, MCA; REPEALING SECTIONS 50-20-201, 50-20-202, 50-20-203, 50-20-204, 50-20-205, 50-20-208, 50-20-209, 50-20-211, 50-20-212, AND 50-20-215, MCA; AND PROVIDING AN EFFECTIVE DATE.

LR-120 prohibits a physician from performing an abortion on a minor under 16 years of age unless a physician notifies a parent or legal guardian of the minor at least 48 hours prior to the procedure. Notice is not required if: (1) there is a medical emergency; (2) it is waived by a youth court in a sealed proceeding; or (3) it is waived by the parent or guardian. A person who performs an abortion in violation of the act, or who coerces a minor to have an abortion, is subject to criminal prosecution and civil liability.

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