Secretary of State Monae Johnson is certifying a proposed amendment legalizing abortions in South Dakota.
That means the measure, known as Amendment G, will appear on the November ballot.
State law requires Johnson's office to certify ballots and notify county auditors 12 weeks prior to an election.
This comes amid a lawsuit in which Life Defense Fund, an anti-abortion group, claims that amendment's sponsor, Dakotans for Health, broke election law while collecting signatures.
A statement from Dakotans for Health said “the clock has run out” for attempts to stop the vote from happening.
“The days of the total abortion ban that requires women who have been raped to carry to term and terrifies doctors who are just trying to provide proper medical care to their patients are numbered,” said Dakotans for Health co-founder Rick Weiland. “South Dakotans believe in freedom. Government telling women they are required to give birth is the exact opposite of freedom.”
However, Life Defense Fund said this does not stop their legal challenge.
"If we win our case, any votes for Amendment G will be null and void because it was never supposed to be on the ballot in the first place," Life Defense Fund spokesperson Caroline Woods said. "You can’t cheat your way into false success.”
A state circuit court recently named Johnson as a party in the case.