Closest West Virginia voters may have a say at the ballot box on whether abortion will be legal in the post-Roe v Wade era. It could happen in this year’s governor’s race.

State Attorney General Patrick Morrisey and Huntington Mayor Steve Williams have been leaders and occasional allies in the fight against drug addiction in West Virginia; Both are working to stem the flow of drugs into the state, which has the highest opioid death rate in the country.

But when it comes to reproductive rights, the two are hardly separate.

Morrisey, the Republican nominee, has been a strong supporter of West Virginia’s comprehensive abortion ban, which includes a few exceptions. Her Democratic rival, Williams, tried unsuccessfully to get an abortion referendum on the November ballot.

Now, even in a GOP-dominated state that voted in support of Trump in every county in 2016 and 2020, he believes the divide on the issue is greater than Republicans realize.

Williams, who met with independent, Republican and Democratic women who were unhappy with the lawmakers’ restrictions, said, “From what I see, freedom will be voted on one way or another.”

Unlike some other states that voted for abortion after federal protections expired, West Virginia does not have a citizen-led ballot initiative process. The only way to get a ballot question is a vote by the legislature, which has supermajorities of Republicans in both chambers and ignored Williams’ petition signed by thousands of West Virginians.

Changes to protect abortion rights have gained traction even in GOP-leaning states like Kansas and Kentucky, where residents voted in favor of access to the procedure. Even in a Republican-majority state like West Virginia, the divide between the candidates can be important to some voters.

As governor, Williams said he will continue to pressure lawmakers to put abortion on the ballot or ease restrictions. If they continue to refuse to do either, he said, he will restore access via executive order.

Morrisey says West Virginia is a “pro-life state,” citing a 2018 vote in which just under 52 percent of voters supported a constitutional amendment stating there was no right to access abortion in West Virginia. But that vote — during a low-turnout midterm election — took place four years before the U.S. Supreme Court ruled that abortion was not a constitutional right and sent the issue back to the states.

Advocates say the 2018 vote also concerns government funding of abortion, and some voters may oppose it without calling for access to be eliminated entirely.

Shortly thereafter, West Virginia repealed the ban and became one of 13 states to make abortion illegal.

Morrisey argued that voters could dismiss MPs if they did not like the job they were doing.

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

But Margaret Chapman Pomponio, executive director of WV FREE, an abortion rights and reproductive health advocacy nonprofit, said she has “zero doubt” West Virginians would vote for abortion rights if they had the chance.

“Lawmakers won’t do it because I believe they know they’re going to lose,” he said.

He worries that people don’t know how restrictive the law is.

Following the Dobbs decision, the legislature met multiple times to discuss abortion ban proposals. During their first special session, which was postponed in July 2022 after lawmakers failed to reach an agreement, Chapman Pomponio said “public outcry has been intense” with protesters gathering at the state Capitol.

When the legislature was recalled in September, the law was quickly approved without any public comment period.

“I think it really created a sense of distrust, anger and apathy because they didn’t feel like they were listened to or respected,” Chapman Pomponio said. “Why go to the polls if you know elected officials will ignore you?”

He said the WV FREE Action Fund, West Virginia Free’s 501(c)(4) sister organization, reached out to voters to mobilize them ahead of the election and found that many people didn’t fully understand how limited these decisions were. There are exemptions.

For example, adult victims of rape and incest can receive in-state abortions up to eight weeks of pregnancy, while child victims are eligible for up to 14 weeks of pregnancy. Victims are required to report their assault to law enforcement 48 hours before the procedure; Advocates note that this may be a barrier because many victims never report their assaults to law enforcement.

“We have to continually explain to people that exemptions are portrayed in a very disingenuous way by politicians who want the public to think there is more mercy in the ban than there is,” he said.

While Democrats spent almost nothing on the governor’s race, Morrisey and Republican groups supporting him spent more than $36 million on ads for his campaign, according to AdImpact, which tracks campaign spending on ads.