In Montana Senate Race, Democrat Jon Tester misleads about Republican Tim Sheehy's abortion stance

Louis Jacobson, PolitiFact

Tim Sheehy “would allow politicians like him to ban abortion, barring rape or to save a woman’s life, and criminalize women.”

A Facebook ad from late. The campaign of Jon Tester (D-Mont.), which launched on September 6, 2024

In a race that could decide control of the U.S. Senate, Sen. Jon Tester (D-Mont.) is attacking his challenger, Republican Tim Sheehy, for his stance on abortion.

Montana’s Senate race is one of half a dozen close contests around the country where Democrats are defending the seats needed to maintain their one-seat majority. If Republicans flip Tester’s seat, they could take over the House even if they fail to unseat Democrats in any other key races.

In one series of Facebook ads Tester’s campaign, which launched in early September, said Sheehy supports banning abortion without exception.

An ad launched on September 6 said: “Tim Sheehy wants to take away the freedom to choose what happens to your own body and give that power to politicians. Sheehy would let politicians like him ban abortion, with no exception for rape or to save a woman’s life, and criminalize women. We can’t let Tim Sheehy take away our freedom.”

Sheehy’s anti-abortion stance allows for rape, health exemptions

Sheehy’s website calls him “proudly pro-life,” and he fights against abortion. He opposes a measure on Montana’s November ballot that would amend the Montana Constitution to give the right to “make and execute decisions about one’s own pregnancy, including the right to abortion”.

In July, we rated False Sheehy’s statement that Tester and other Democrats have voted for “elective abortions up to and including the moment of birth. Healthy, 9-month-old baby killed at birth.”

But contrary to the message of the new ad, Sheehy has voiced his support for exemptions.

In a Montana Public Radio interview in MaySheehy was asked, “Yes or no, do you support a federal ban on abortion?”

Sheehy said, “I’m pro-life and support common sense protections for when a baby can feel pain, as well as exceptions for rape, incest, and the mother’s life, and I think additional limits need to be left to each state.”

And in one June debate with Tester, Sheehy said, “I will always protect the three rights of women: rape, incest, the life of the mother.”

The questions section Sheehy’s campaign website does not say he has a no-exceptions stance, nor does it say he would “criminalize women” who have abortions.

In a statement, the Sheehy campaign told PolitiFact that the ad mischaracterizes Sheehy’s abortion position. Allowing no exceptions “has never been Tim’s position,” the campaign said.

Our decision

The Tester campaign ad says Sheehy “would allow politicians like him to ban abortion, without exception for rape or to save a woman’s life, and criminalize women.”

Sheehy has said he supports exceptions to abortion bans for rape or to save a pregnant woman’s life. We found no instances where he said he would be OK with states criminalizing women who obtain abortions in violation of state law.

What gives the ad a kernel of truth is that Sheehy has voiced his support for allowing states to determine abortion parameters within their borders. The Tester campaign argues that this means Sheehy would effectively allow lawmakers to pass abortion restrictions that do not include exemptions or that criminalize women.

The Tester campaign’s argument is based on hypotheticals and ignores Sheehy’s stated support for exemptions, giving a misleading impression of Sheehy’s position.

We rate it mostly false.