Republican Senate candidate Sam Brown, who has declined to say publicly how he would vote on an abortion ballot question, said last week that he was not in favor of changing the law.

Nevadans will vote this fall on a ballot measure to add protections for abortion rights to the state’s Constitution. Abortion is already legal in Nevada through 24 weeks of pregnancy and, because it was approved in a 1990 ballot referendum, is only reversible through another vote of the people.

In audio obtained by The Nevada Independent, Brown, asked about where he stood on the ballot measure, indicated skepticism about the ballot question.

“I'm not for changing our existing law,” Brown said in the clip taken at a campaign meet and greet in Las Vegas on Aug. 28. “Our existing law has been in place for over 34 years. The ballot measure would change the law and essentially [create] no limit on access to abortion.”

Brown then said that the constitutional amendment would allow abortion up to 40 weeks — but did not answer a follow-up question on if he would suggest voting against it.

If passed, the ballot amendment would protect the right to an abortion through “fetal viability” — considered to be near the 24-week mark — or when necessary to “protect the life or health of the pregnant patient.” It would apply the same standard that current Nevada law protects, with the only difference being that a constitutional amendment would be more difficult to overturn. 

Republicans have argued that the ballot amendment is redundant and misleading for a state that already has protected abortion rights. And groups such as Nevada Right to Life, an anti-abortion organization, have argued that the fetal viability standard could be changed by doctors, who they claim have a financial incentive to do so. That has not occurred in several other states — from red states such as Montana and Wyoming to blue states such as California and Washington — whose law sets the “fetal viability” standard.

Brown considers himself pro-life — with exceptions for rape, incest and the life of the mother — but has said he respects the will of Nevada voters and would not vote for a national abortion ban if elected. 

“I believe that we as voters should set the law around abortion,” Brown said in a campaign video. “In fact, our law has been in place for over 30 years, and no politician can change that.”

Brown’s abortion stance has been a point of heavy scrutiny from his opponent, Sen. Jacky Rosen (D-NV), and Democrats, who highlighted his past support of a 20-week abortion ban in Texas during a 2014 state legislative run.

If elected, Brown said he would vote to confirm federal judges that “understand the importance of protecting life” and vote against bills that incorporate federal funding for abortion, abortions without parental notification or so-called “late-term abortions” — rare instances unavailable in most states in which abortions are performed beyond 21 weeks due to medical concerns.

His campaign declined to comment on how he will vote on the ballot measure — a tack he has previouslytaken.