Kansans receive text message with misinformation about Amendment 2

KANSAS CITY, Kan. (KCTV) – There is some confusion today after quite a few people received a text message with misinformation about the Kansas amendment being voted on tomorrow.

The messages concern Amendment 2, where voters will decide on abortion protections.

The message states: “Women in KS are losing their choice on reproductive rights. Voting YES on the Amendment will give women a choice. Vote YES to protect women’s health. Stop2End.”

What the message says, however, is not accurate.

If you vote “yes,” you are voting yes on allowing lawmakers to pass legislation that could restrict or even ban abortion.

If you vote “no,” you are saying no to lawmakers getting involved and you leave in place a constitutional protection.

The text message is both confusing and erroneous.

Many people have reached out to us about the text message. It is certainly making the rounds.

According to screenshots sent to KCTV5 News, as well as someone who called us, the messages come from 1-888 numbers.

First, under current law, text message advocacy about constitutional ballot initiatives does not require paid-for disclaimers.
— Kansas Governmental Ethics Commission (@KansasEthics) August 1, 2022

Paid text messages that advocate for candidates do require attribution, but constitutional ballot initiatives do not. Constitutional ballot initiative advocacy falls under a different statute that includes nothing about text messaging or anything similar.
— Kansas Governmental Ethics Commission (@KansasEthics) August 1, 2022

The statute requiring attribution for constitutional ballot initiative advocacy (K.S.A. 25-2407) was originally passed in 1973 and was amended once in 2007.
— Kansas Governmental Ethics Commission (@KansasEthics) August 1, 2022

The second question we have received is whether any law under our jurisdiction requires accuracy of communications. In 2004, the Commission specifically addressed this question and noted that "nothing in the [Campaign Finance] Act addresses the use of misleading advertising."
— Kansas Governmental Ethics Commission (@KansasEthics) August 1, 2022

Related content:

Election Day primer: What you need to know for the August 2 primary

Fact check: What your vote on August 2 means for abortion rights

Metro area victim’s rights organizations warn of potential consequences with Amendment 2

Following the money: Millions spent on Kansas abortion amendment from across the country

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