Come November, a major election-issue showdown in South Dakota will beg front-row seating: The first ever state-wide vote on abortion.

What’s happening?
On November 7, South Dakotans will vote on Referred Law 6, or a ban on abortion in all cases, including rape and incest, except when the mother’s life is at risk. A recent poll shows those for and against almost tied.

So how did it end up on the ballot?
Back in February the South Dakota legislature passed a bill (70 for -34 against) making it illegal for doctors to perform abortions in the state, except if the mother’s life is in jeopardy, punishable by five years in prison. In response, opponents gathered 16,728 signatures, enough to require a state-wide vote, or referendum (a chance to approve or repeal), on the issue. If the vote fails the original legislation dies.

If it passes, we’ll see another showdown—at the Supreme Court, where supporters feel the environment is right for overturning Roe. The initial South Dakota legislation was designed as a challenge to the 1973 Supreme Court decision Roe v. Wade, which recognizes abortion as a fundamental right. But by putting the issue to a vote first, opponents were able to delay taking the issue to the Supreme Court.

Why South Dakota?
South Dakota’s restrictions on abortion are already considered among the strictest in the country. In 2005 the legislature passed five new abortion restrictions.

The big picture
The South Dakota legislation came swiftly after two new, conservative Supreme Court justices were installed, leading abortion foes to feel that perhaps the legal scales had tipped in their favor. However just this week the Supreme Court refused to re-hear “Mary Doe,” a challenge to one of the original abortion rights cases of 1973, perhaps indicating that the high court is not ready for change.