CHARLESTON, WV (WOWK) — Despite the controversy and notoriety over the abortion issue, there is still no resolution here in the Mountain State.

When the U.S. Supreme Court overturned the Roe v. Wade decision that legalized abortion at a federal level, the high court ruled that issue was best decided by each individual state.

At first, West Virginia leaders wanted to revert to a law on the books from the 1870s, that made abortion a criminal act. But then a special session of the legislature was called, first to deal with tax cuts, but then abortion was added. Nothing got done.

Now, state Democrats want voters to decide with a constitutional amendment on the ballot.

“The Republicans have a super-majority in both the House and the Senate. They were unable to pass a single bill in the special session. I think it’s too important for politicians to be deciding. We’re simply saying, ‘Let the people vote!'” said Del. Mike Pushkin, (D) Kanawha, and Chairman of the West Virginia Democratic Party.

West Virginia Governor Jim Justice, however, disagrees.

“Unfortunately this place is surrounded by constant grandstanding. Now I think that’s what the Democrats are doing. You know I think the sincerity is below the grandstanding,” said Justice.

West Virginia Secretary of State Mac Warner’s office says it would be too late to get a constitutional amendment on the ballot for this November, because the 90-day deadline to publish the measure has already passed. So, it would have to wait until a future election.

The ballot measure idea comes after a successful effort in Kansas. Even though Kansas is a very “red state,” voters there blocked an effort to make abortion illegal. Again, there will be no similar measure on the ballot in West Virginia, at least not this year.