INDIANAPOLIS (WISH) — One advocacy group on Thursday said it wants to make Tuesday’s Indiana Supreme Court retention election a referendum on the state’s abortion ban.

Kaitie Rector, director of advocacy for MADVoters, says the court’s decision in June 2023 to uphold Indiana’s near-total abortion ban runs counter to her organization’s values of equity in health, education and other areas. She says her organization opposes retaining three of the court’s justices on those grounds.

Indiana Supreme Court Chief Justice Loretta Rush and justices Mark Massa and Derek Molter are up for retention in next week’s election, along with Indiana Court of Appeals judges Rudolph Pyle and Peter Foley. State law prohibits judges from campaigning in a retention election. Rush, Massa and Molter supported the ruling that upheld the ban.

Rector said, “Our goal is really to empower people to make the decision at the ballot box that they are confident in and for us. We’re excited that the conversation is even happening.”

In September, the Indiana State Bar Association, which represents the state’s lawyers, judges and other legal professionals, surveyed its membership on all five of the jurists on the ballot. Association members endorsed all five with votes in favor ranging from 84% to 88% of survey respondents.

Association leaders were unavailable Thursday to talk to News 8 about their endorsement. In an op-ed published after the release of the member survey results, association leaders wrote their organization’s overwhelming support for the justices reflected their confidence in the justices’ service and commitment to the rule of law.

“While it is natural for individuals to have strong reactions to judicial decisions, focusing on one case to determine whether a judge should be retained undermines the very foundation of judicial independence.

“Therefore, it is essential that retention decisions reflect a judge’s entire career, not isolated rulings.

“Judges are not elected politicians, and their role is fundamentally different. They do not campaign or make promises in exchange for votes. Instead, they are tasked with interpreting the law impartially. Allowing retention elections to become a referendum on one or two high-profile cases threatens to distort the judicial process and compromise the courts’ ability to function independently.”

Indiana State Bar Association

Rector says bar association leaders raised a fair point, and voters ultimately should decide what they believe is right. She says she would rather hold the justices accountable for their ruling and take a chance on a future governor’s replacements for them. Rector says since Indiana does not allow initiative-driven ballot measures, as many other states do and which have all favored abortion rights to date, voting against retaining the justices is the next best option.

Early voting ends at noon Monday. Polls on Tuesday will be open from 6 a.m.-6 p.m. local time. People in line to vote at 6 p.m. will be allowed to cast ballots.