Ahead of the November election, a South Dakota court has moved to expedite a case that would determine if pro-abortion groups used fraud to push a ballot measure to legalize abortion up through birth. The South Dakota Circuit Court determined that Life Defense Fund and Leslee Unruh vs. Dakotans for Health will be heard in the coming weeks.

The case centers around Amendment G—a constitutional amendment that would legalize abortion under the guise of maternal health—in South Dakota. Currently, abortion is illegal in the state, except to physically protect the life of the mother. South Dakota also mandates a 72-hour waiting period and counseling before an abortion is performed.

The pro-abortion Dakotans for Health has lobbied to add Amendment G to the ballot in November. But Life Defense Fund says the group has deceived South Dakotans and broken the law in their attempt to legalize abortion in the state. Improperly gathering signatures and leaving petitions unattended are among the claims.

“The deception of Dakotans for Health will finally come to light,” said Caroline Woods, spokesperson for Life Defense Fund, of the court case. “These decisions from the court will finally give Life Defense Fund the opportunity to present our mounds of video evidence, showing Dakotans for Health clearly breaking election law and engaging in fraudulent activity. Putting Amendment G on the ballot this November would be unfair to voters since Dakotans for Health used bait-and-switch tactics, broke the law, and cheated their way to put abortion-up-to-birth up for a vote this fall.”

Life Defense Fund says that Amendment G is one of the most extreme abortion laws in the country. Under the amendment, the state would also deny parents the right to know if their underage daughters sought an abortion, and would remove certain medical requirements for abortion providers.

“We were pleased that the judge expedited our case so that if we win, each official county newspaper can publish the ballot on time, omitting Amendment G from the list of amendments, and indicating Amendment G has been disqualified,” explained Sara Frankenstein, an attorney for Life Defense Fund. “Now, Dakotans for Health will finally have to respond to each and every allegation made in our Complaint with an ‘admit’ or ‘deny,’ and we are anxious to receive their answer this week.”

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