Voters will decide 11 abortion-related ballot measures in 10 states in November, the most on record

Arizona

Arizona voters will be deciding on a constitutional amendment that would establish a state constitutional right to abortion that the state may not interfere with before the point of fetal viability.

• Current law: Abortion is legal for up to 15 weeks of pregnancy in Arizona.
• Measure type: Citizen-initiated constitutional amendment.
• Measure support: Arizona for Abortion Access is leading the campaign in support of the initiative. As of July 13, 2024, the campaign reported $23.1 million in contributions. Supporters also include the ACLU of Arizona, Planned Parenthood Advocates of Arizona, The Fairness Project, Think Big America, and Gov. Katie Hobbs (D).
• Measure opposition: It Goes too Far is leading the campaign opposing the initiative. As of July 13, 2024, the campaign reported $866,335.38 in contributions. Opponents include Susan B. Anthony Pro-Life America.
• State political context: In Arizona, the Democratic Party controls the office of governor, while the Republican Party controls both chambers of the state legislature. In the previous presidential election in 2020, Joe Biden (D) won with 49.36% of the vote while Donald Trump (R) received 49.06% of the vote.

Colorado

Colorado voters will be deciding on a constitutional amendment that would provide a right to abortion in the state constitution. The initiative would prohibit the state or local governments from denying or impeding the right to an abortion and allow abortion to be a covered service under health insurance plans.

• Current law: Colorado is one of 10 states that does not restrict abortion after a specific point in a pregnancy. In 1984, Coloradans voted 50.4% to 49.6% to ban public funding of abortion except for cases where the mother's life is in danger. The provision prevented state health insurance from covering abortions for government employees and others on state health insurance plans such as Medicaid. In 1998, Coloradans voted 55% to 45% to require parents to be notified if their minor children seek an abortion and voted 51% to 49% to reject a ban on partial-birth abortion.
• Measure type: Initiated constitutional amendment.
• Measure support: Coloradans for Protecting Reproductive Freedom is leading the campaign in support of the initiative. The committee reported $4.64 million in contributions and $3.78 million in expenditures as of July 27, 2024. Supporters also include the Democratic Party of Colorado, the ACLU of Colorado, and the League of Women Voters of Colorado.
• Measure opposition: Pro-Life Colorado Fund and Vote No on 89 are leading the campaign opposing the initiative. Both committees collectively reported $2,933.47 in contributions and $949.27 in expenditures as of July 27, 2024. Opponents of the initiative include the organization March for Life.
• State political context: Colorado currently has a Democratic trifecta. In the previous presidential election in 2020, Joe Biden (D) won with 55.40% of the vote. Colorado has also seen more abortion-related ballot measures than any other state. There have been nine on the ballot since the first in 1984, and this year will increase that number to 10.

Florida

Amendment 4 would provide a constitutional right to abortion "before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider."

• Current law: On April 1, 2024, the Florida Supreme Court ruled that the state constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 that found that the privacy clause provided a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, called the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban took effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.
• Measure type: Initiated constitutional amendment.
• Measure support: Floridians Protecting Freedom is leading the campaign supporting the initiative. As of August 2, 2024, the campaign reported $42.58 million in contributions and $26.58 million in expenditures. Supporters also include the ACLU of Florida, the League of Women Voters of Florida, the Fairness Project, and Planned Parenthood of Southwest and Central Florida. President Joe Biden (D) also announced support for the measure.
• Measure opposition: Five committees registered to oppose the initiative: Florida Voters Against Extremism, Keep Florida Pro Life, Do No Harm Florida, Life First PC, and Florida Freedom Fund. Florida Freedom Fund, created by Florida Governor Ron DeSantis (R), registered to oppose the initiative as well as Amendment 3, the marijuana legalization initiative. Together, the committees raised $3.8 million. Opponents also include Attorney General Ashley B. Moody (R), the Republican Party of Florida, Susan B. Anthony Pro-Life America, the Florida Conference of Catholic Bishops, and the National Center for Life and Liberty.
• State political context: Florida currently has a Republican trifecta. In the previous presidential election in 2020, Donald Trump (R) won with 51.22% of the vote.

Maryland

Maryland voters will be deciding on a constitutional amendment that would guarantee a right to reproductive freedom, including the ability to prevent, continue, or end one's own pregnancy. The ballot measure is designed to prohibit the constitutional right from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means.

• Current law: Currently, abortion is legal in Maryland until viability. Abortion is legal after viability if the woman's life or health is endangered or there is a fetal anomaly.
• Measure type: Legislatively referred constitutional amendment.
• Measure support: Freedom in Reproduction – Maryland Inc. (FIRM) is leading the campaign supporting the amendment, though the committee has not reported any contributions. Supporters include Gov. Wes Moore (D) and Lt. Gov. Aruna Miller (D).
• Measure opposition: Health Not Harm MD is leading the campaign against the amendment. The committee reported over $5,000 in contributions. Opponents include the Maryland Catholic Conference, the Maryland Family Institute, and the Maryland Right to Life PAC.
• State political context: Maryland currently has a Democratic trifecta. In the previous presidential election in 2020, Joe Biden (D) won with 65.36% of the vote.

Missouri

Missouri voters will be deciding on a ballot initiative that would provide a constitutional right to reproductive freedom, and provide that the state legislature may enact laws that regulate abortion after fetal viability. Signatures were submitted for the amendment on May 3, 2024. Proponents reported submitting 380,159 signatures.

• Current law: In Missouri, abortion is banned with certain exceptions, which include saving the life or preventing a serious risk to the health of the pregnant woman. This law went into effect on June 24, 2022, following the U.S. Supreme Court Dobbs v. Jackson Women's Health Organization decision. Missouri law includes a requirement that patients must undergo a mandatory 72-hour waiting period and receive counseling prior to an abortion. State Medicaid coverage and private health insurance are banned except in very limited circumstances. Missouri law also requires that a minor seeking an abortion must receive parental consent.
• Measure type: Citizen-initiated constitutional amendment.
• Measure support: Missourians for Constitutional Freedom is leading the campaign in support of this initiative. As of June 30, 2024, the campaign reported $5.5 million in contributions and $3.8 million in expenditures. Supporters include the Democratic Party of Missouri, the ACLU of Missouri, the League of Women Voters Missouri, and the Sixteen Thirty Fund.
• Measure opposition: Missouri Stands With Women is leading the campaign opposing the initiative. As of June 30, 2024, the campaign reported $198,089 in contributions and $182,630.59 in expenditures. Opponents include the Missouri Catholic Conference and Missouri Right to Life.
• State political context: Missouri currently has a Republican trifecta. In the previous presidential election in 2020, Donald Trump (R) won with 56.8% of the vote.

Montana

Montana voters will decide on a constitutional amendment to provide for the right to make and carry out decisions about one's own pregnancy, including a right to abortion.

• Current law: Abortion in Montana is currently legal until fetal viability.
• Measure type: Citizen-initiated constitutional amendment.
• Measure support: Montanans Securing Reproductive Rights is leading the campaign in support of the initiative. The committee reported $3.23 million in contributions as of July 3, 2024. Supporters include the ACLU of Montana, Planned Parenthood Advocates of Montana, The Fairness Project, and Think Big America.
• Measure opposition: Defend Life and Montana Life Defense Fund are the campaigns registered to oppose the initiative. The committees together reported $15,000 in contributions as of July 3, 2024. Opponents of the initiative include the Montana Family Foundation.
• State political context: Montana currently has a Republican trifecta. In the previous presidential election in 2020, Donald Trump (R) won with 56.92% of the vote. Montana voters previously decided on two abortion-related ballot measures. In 2022, Montana voters rejected LR-131, which would have stated that infants born alive at any stage of development are legal persons and required medical care, with 47.45% of voters in favor and 52.55% opposed. In 2012, Montana voters approved LR-120 with 70.55% of voters in favor and 29.45% opposed, which required notification of a parent or legal guardian of a pregnant minor under 16 years old at least 48 hours before performing an abortion.

Nebraska

There are two competing abortion-related initiatives in Nebraska. In Nebraska, abortion is currently illegal after 12 weeks post-fertilization.

The first measure is a constitutional amendment that would establish a right to abortion until fetal viability.

• Measure type: Citizen-initiated constitutional amendment.
• Measure support: Protect Our Rights is leading the campaign in support of the initiative. Supporters include the ACLU of Nebraska and the Planned Parenthood Advocates of Nebraska.
• Measure opposition: Opponents of the measure include Gov. Jim Pillen (R) and Nebraska Right to Life.

The second measure is a constitutional amendment that would prohibit abortions after the first trimester unless necessitated by a medical emergency or the pregnancy is a result of sexual assault or incest.

• Measure type: Citizen-initiated constitutional amendment.
• Measure support: Protect Women and Children is sponsoring the campaign in support of the amendment. Supports include the Nebraska Catholic Conference, Nebraska Right to Life, and Susan B. Anthony Pro-Life America.

State context: Nebraska currently has a Republican trifecta. In the previous presidential election in 2020, Donald Trump (R) won with 58.22% of the vote.

Nevada

Nevada voters will decide on a constitutional amendment to establish a state right to an abortion. The measure would allow for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant woman.

• Current law: In Nevada, abortion is currently legal until 24 weeks of pregnancy.
• Measure type: Citizen-initiated constitutional amendment.
• Measure support: The Nevadans for Reproductive Freedom PAC is leading the campaign in support of the initiative. The committee reported $4.65 million in contributions and $3.77 million in expenditures as of June 30, 2024. Supporters include Vice Pres. Kamala Harris (D), the ACLU of Nevada, Planned Parenthood Votes Nevada, Reproductive Freedom for All Nevada, and Think Big America.
• Measure opposition: The Coalition for Parents and Children PAC is leading the campaign opposing the initiative. The committee did not yet report contributions. Opponents include Nevada Right to Life.
• State political context: Nevada currently has a divided government. The Republican Party controls the governor's office, while the Democratic Party controls both chambers of the state legislature. In the previous presidential election in 2020, Joe Biden (D) won with 50.06% of the vote.

New York

New York voters will decide on a constitutional amendment to prohibit the denial of a person's rights based on the person's "ethnicity, national origin, age, [and] disability," as well as the person's "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."

• Current law: New York allows for an abortion up to 24 weeks of pregnancy. Abortion is permitted after 24 weeks if the fetus is not viable or if the pregnant person's life or health (including mental health) is at risk.
• Measure type: Legislatively referred constitutional amendment.
• Measure support: New Yorkers for Equal Rights is leading the campaign in support of the initiative. The committee reported $2.73 million in contributions and $1.87 in expenditures as of July 11, 2024. Supporters include Gov. Kathy Hochul (D), U.S. Sen. Kirsten Gillibrand (D), the League of Women Voters of New York, the New York Civil Liberties Union, and the Planned Parenthood Action Fund.
• Measure opposition: The Coalition to Protect Kids-NY is leading the campaign in opposition to the initiative. The committee reported $274,834 in contributions and $241,941.78 in expenditures as of July 11, 2024. Opponents of the amendment include the New York State Catholic Conference.
• State political context: New York currently has a Democratic trifecta. In the previous presidential election in 2020, Joe Biden (D) won with 60.87% of the vote.

South Dakota

Constitutional Amendment G would provide a trimester framework for regulating abortion in the South Dakota Constitution. During the first trimester of pregnancy, the state would be prohibited from regulating a woman's decision to have an abortion. During the second trimester of pregnancy, the state may regulate abortion, but "only in ways that are reasonably related to the physical health of the pregnant woman." During the third trimester of pregnancy, the state may regulate or prohibit abortion, except "when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life and health of the pregnant woman."

• Current law: In South Dakota, abortion is banned except to save the life of the mother. Following the U.S. Supreme Court's 2022 decision, a 2005 law passed by the South Dakota State Legislature went into effect.
• Measure type: Initiated constitutional amendment.
• Measure support: Dakotans for Health is leading the campaign in support of the initiative. The campaign reported $349,272.88 in contributions and $308,945.05 in expenditures as of May 15, 2024.
• Measure opposition: Life Defense Fund, Vote No in NOvember, and Students for Life of America are leading the campaign opposing the initiative. The committees reported $366,739.70 in contributions and $318,300.46 in expenditures as of May 15, 2024.
• State political context: South Dakota currently has a Republican trifecta. In the previous presidential election in 2020, Donald Trump (R) won with 61.77% of the vote.

Where have abortion measures been on the ballot since Dobbs?

Following the Dobbs v. Jackson Women's Health Organization U.S. Supreme Court decision that overturned Roe v. Wade in 2022, seven abortion-related measures appeared on the ballot. 

In 2022, there were six ballot measures addressing abortion. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana. The most recent abortion-related ballot measure to be passed by voters was Ohio Issue 1, which voters approved in November 2023.