Election officials in Arizona and Missouri have confirmed that abortion-rights supporters in their states have successfully gathered enough petition signatures to place proposed amendments protecting abortion rights into their states' constitutions. This development brings the total number of states with abortion-related votes scheduled for November to seven.
The U.S. Supreme Court's 2022 ruling eliminated the nationwide right to abortion, prompting a surge in efforts to let voters decide on the matter. Following the decision, the majority of Republican-led states have implemented abortion restrictions, with 14 states enacting bans at all stages of pregnancy. Conversely, most Democratic-controlled states have enacted laws or executive orders to safeguard access to abortion.
Since 2022, voters in California, Kansas, Kentucky, Michigan, Montana, Ohio, and Vermont have consistently sided with abortion rights supporters in all states where abortion-related questions have been presented.
What's on the 2024 Ballots?
Missouri
Missouri voters will determine whether to establish a right to abortion through a constitutional amendment that would reverse the state's near-total ban. The initiative petition received ample signatures from registered voters to qualify for the general election, requiring majority voter approval to be enshrined in the state constitution.
The proposed Missouri ballot measure would allow abortion until a fetus could likely survive outside the womb without extraordinary medical interventions, typically around 23 or 24 weeks into pregnancy. Abortions after fetal viability would be permitted if deemed necessary by a healthcare professional to safeguard the life or physical/mental health of the pregnant individual.
Arizona
Arizona voters will decide in November whether to amend the state constitution to include the right to abortion up to approximately 24 weeks into pregnancy. The proposed amendment prohibits the state from banning abortion until fetal viability, with later abortions permitted to protect a woman's physical or mental well-being. Critics argue that the amendment is overly expansive and could lead to unregulated abortions in Arizona, while supporters contend that it would ensure abortion access free from political interference.
Abortion is currently legal for the first 15 weeks of pregnancy in Arizona.
Colorado
In Colorado, a measure to codify abortion protections in the state constitution and mandate abortion coverage by Medicaid and private insurers has qualified for the fall election. Supporters gathered nearly double the required signatures, with a 55% voter approval needed to amend the state constitution. Abortion is presently legal at all pregnancy stages in Colorado.
Florida
The Florida Supreme Court ruled in April to allow a measure legalizing abortion until viability to proceed to the ballot, despite legal challenges. Requiring at least 60% voter support, the measure has garnered nearly a million petition signatures. Abortion is currently prohibited in Florida after the initial six weeks of pregnancy under a law effective since May 1.
Maryland
Maryland voters will be asked to enshrine the right to abortion in the state constitution this year, although abortion is already permitted in the state until viability.
Nevada
The Nevada Secretary of State's office confirmed a ballot question to protect abortion rights in the state constitution for the first 24 weeks of pregnancy, or later to preserve the pregnant individual's health. Approval is required in both 2024 and 2026 to amend the constitution, with abortion until viability already legal in Nevada since 1990.
South Dakota
South Dakota voters will decide on a constitutional amendment this fall that would restrict abortion regulations in the first trimester, allow regulation in the second trimester related to the pregnant woman's physical health, and permit abortion bans in the third trimester with exceptions for the woman's life and health.
Opponents have filed lawsuits to remove the initiative from the ballot.
What's on the Ballot in New York?
While not explicitly addressing abortion rights, a reproductive rights question in New York aims to prevent discrimination based on pregnancy outcomes and reproductive healthcare, among other factors. Abortion is currently legal in New York until fetal viability.
The question was initially removed from the ballot in May but was reinstated in June following an appeals court decision.
Where Else Could Abortion Be on the Ballot in 2024?
Montana
Abortion rights advocates in Montana have proposed a constitutional amendment to prevent the government from denying abortion rights before viability or when necessary to protect the pregnant individual's life or health. The Montana Supreme Court finalized the ballot language in April, pending certification of signatures.
Abortion is legal until viability in Montana under a 1999 state Supreme Court ruling.
Nebraska
Competing abortion measures may appear on the November ballot in Nebraska, with one seeking to establish the right to abortion until viability and the other aiming to uphold the current law prohibiting abortions after the first 12 weeks of pregnancy, except in certain circumstances. The measure receiving the most votes will be incorporated into the state constitution.
