A candidate for governor of West Virginia defends abortion bans. The other wanted abortion on the ballot

West Virginia voters most likely to have a say at the ballot box on whether abortion should be allowed in the post-Roe v. Wade should be legal, could be in the gubernatorial race this year.

Attorney General Patrick Morrisey and Huntington Mayor Steve Williams have been leaders and sometime allies in the fight against drug abuse in West Virginia. Both worked to stem the flow of drugs into the state with the highest opioid death rate in the country.

But when it comes to reproductive rights, the two couldn't be further apart.

Morrisey, the Republican candidate, has been a forceful advocate of West Virginia's sweeping abortion ban, which provides few exceptions. Williams, his Democratic opponent, tried to push an abortion referendum on the November ballot but failed.

Now he believes the divide on the issue is greater than Republicans think, even in a Republican-dominated state that voted for Trump in every single county in 2016 and 2020.

“In my view, freedom is going to be on the ballot one way or another,” said Williams, who has met with independent, Republican and Democratic women unhappy with the legislature’s restrictions.

Unlike some other states that voted on abortion after ending federal protections, West Virginia does not have a citizen-led voting process. The only way to get a ballot question is for a vote by the Legislature, which has a supermajority of Republicans in both chambers and ignores a petition that Williams submitted with thousands of signatures from West Virginians.

Changes to protect abortion rights have gained traction even in Republican-leaning states like Kansas and Kentucky, where residents voted to allow access to the procedure. Even in a state as Republican-dominated as West Virginia, the distinction between candidates could matter to some voters.

As governor, Williams said he would continue to pressure lawmakers to put abortion on the ballot or ease restrictions. If they continue to refuse to do so, he said, he would restore access through an executive order.

Morrisey says West Virginia is a “pro-life state” and cited a 2018 vote in which nearly 52% of voters supported a constitutional amendment saying there was no right to access to abortion in West Virginia. But that vote — during a low-turnout midterm election — came four years before the U.S. Supreme Court ruled there was no constitutional right to abortion and sent the matter back to the states.

The 2018 vote also included government funding for abortions, which some voters may oppose without completely eliminating access, advocates say.

Not long after, West Virginia passed its ban, becoming one of 13 states to make abortion illegal.

Morrisey argued that voters can expel lawmakers if they don't like what they're doing.

“My opponent is part of the far-left Biden-Harris movement,” he said. “And that’s not what West Virginians are looking for.”

But Margaret Chapman Pomponio, executive director of the nonprofit WV FREE, which advocates for abortion rights and reproductive health, said she has “no doubt” that West Virginians would vote for abortion rights if they had the chance.

“The Legislature won’t do it because I think they know they would lose,” she said.

She worries that people don't know how restrictive the law is.

After the Dobbs decision, lawmakers met more than once to discuss abortion ban proposals. During their first special session in July 2022, which was adjourned after lawmakers couldn't agree, “the public outcry was intense,” Chapman Pomponio said, as protesters gathered outside the state Capitol.

When the Legislature reconvened in September, the bill passed quickly and without a public comment period.

“I think that actually creates a sense of distrust, anger and apathy because they felt like they weren't heard or respected,” Chapman Pomponio said. “Why vote when you know your elected officials will ignore you?”

She said West Virginia Free's 501(c)(4) sister organization – the WV FREE Action Fund – reached out to voters to try to mobilize them before the election and found that many people didn't fully understand how limited the action fund is and exceptions are.

For example, adult victims of rape and incest can have abortions up to eight weeks of pregnancy in the state, while minor victims can have abortions up to 14 weeks of pregnancy. Victims must report their assaults to law enforcement 48 hours before the procedure. Advocates point out that this could be a barrier because most victims never report their assaults to law enforcement.

“We have to constantly explain to people that the exemptions are presented very disingenuously by politicians who want to give the public the impression that there is more compassion in the ban than there actually is,” she said.

According to AdImpact, which tracks campaign spending on advertising, Democrats spent almost nothing on the governor's election, while Morrisey and Republican groups supporting him spent more than $36 million on ads for his campaign.