Morrisey, the Republican nominee, has been a vigorous supporter of West Virginia’s comprehensive abortion ban, which includes few exceptions. Williams, his Democratic opponent, tried but failed to include an abortion referendum in the November election.

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

“The way I see it, freedom is going to be on the ballot one way or another,” said Williams, who has been meeting with independent, Republican and Democratic women unhappy with lawmakers’ restrictions.

Unlike other states that have voted on abortion following the end of federal protections, West Virginia does not have a citizen-led ballot initiative process. The only way to get a ballot question is with a vote from the legislature, which has Republican supermajorities in both chambers and ignored a petition Williams filed with thousands of signatures from West Virginia residents.

Amendments to preserve abortion rights have gained traction even in Republican-leaning states like Kansas and Kentucky, where residents voted in favor of access to the procedure. Even in a state as Republican-dominated as West Virginia, the distinction between candidates could be important to some voters.

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

Morrisey calls West Virginia a “pro-life state” and cited a 2018 vote in which just under 52% of voters supported a constitutional amendment that said there is no right to abortion access in West Virginia. But that vote, during a low-turnout midterm election, took place four years before the U.S. Supreme Court ruled that there is no constitutional right to abortion, sending the matter back to the states.

The 2018 vote also had to do with state funding for abortion, which some voters might oppose without wanting to see access eliminated entirely, advocates say.

Shortly after, West Virginia passed its ban, becoming one of 13 states to make abortion illegal.

Morrisey argued that voters can oust lawmakers if they don’t like what they do.

“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 opportunity.

“Legislators won’t do it because I think they know they would lose,” he said.

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

After the Dobbs decision, the legislature met more than once to debate abortion ban proposals. During its first special session in July 2022, which was suspended after lawmakers failed to reach an agreement, “the public outcry was intense,” Chapman Pomponio said, and protesters gathered at the state Capitol.

When the legislature convened again in September, the law was quickly passed without a public comment period.

“I think that really creates a sense of distrust, anger and apathy because they didn’t feel heard or respected,” Chapman Pomponio said. “Why go to the polls if you know your elected officials are going to ignore you?”

He said West Virginia Free’s 501(c)(4) sister organization, the WV FREE Action Fund, has been reaching out to voters to try to mobilize them before the election and has found that many people don’t fully understand how limited the the exemptions are.

Adult victims of rape and incest, for example, can obtain abortions in the state up to eight weeks into their pregnancy, while child victims are up to 14 weeks pregnant. Victims must report their assault to authorities 48 hours before the procedure, something advocates say could be a barrier because most victims never report their assaults to authorities.

“We have to continually explain to people that the exemptions have been portrayed very falsely by politicians who want the public to think there is more compassion in the ban than there is,” he said.

According to AdImpact, which tracks campaign spending on advertising, Democrats have spent almost nothing in the gubernatorial race, while Morrisey and the Republican groups backing him have spent more than $36 million on ads for their campaign.