Florida this spring joined other states that have successfully, or are aiming to, put abortion on the ballot for voters in November — a winning issue for Democrats in the post-Roe era.
The big picture: The Florida Supreme Court's tumultuous rulings on abortion have posed enormous questions for the future of access in the South, as the U.S. has shifted to a scattershot model of bans and protections since 2022.
- The Florida situation — where women will face a six-week ban starting May 1 through at least year's end — is a post-Dobbs novelty in its own right.
- "We haven't seen this setup yet in which people will be living under a very strict abortion law and then head to the polls to vote on essentially overturning that," Laurie Sobel, associate director of women's health policy at KFF, told Axios.
- At least 11 other states have either greenlighted or are seeking to approve ballot questions on abortion. Iowa, Pennsylvania and Maine also have attempted to get abortion measures on ballots, but hurdles make it unlikely.
Florida
The state Supreme Court ruled that voters in Florida will have a chance this November to enshrine abortion access until fetal viability — around 24–28 weeks of pregnancy — in the state constitution.
Yes, but: Before abortion rights appear on Florida ballots in November, a six-week ban on the procedure will take effect next month.
- The Florida Supreme Court cleared the way for a statewide ban on most abortions after six weeks of pregnancy — a move that will drastically reduce access to the procedure for those in Florida and also people in neighboring states.
New York
While the measure is not explicitly about abortion, New Yorkers will decide whether to amend the state constitution to add language related to pregnancy and personal freedom.
- The Equal Protection of Law Amendment is designed to ensure people can't be denied rights based on their "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy," along with other classes like ethnicity, disability, age, sex and sexual orientation.
- It would add protections from future threats in a state where abortion is already legal up to 24 weeks post-fertilization.
- "Embedding these protections within our state constitution insulates us from the political winds that seek to ban, eliminate or reduce access to abortion care through changes to the state law," according to New Yorkers for Equal Rights, the coalition pushing to pass the amendment.
Maryland
The Maryland Right to Reproductive Freedom Amendment would add a new article to the state constitution's Declaration of Rights to guarantee the right to reproductive freedom, defined to include "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy."
- Abortion is currently legal in Maryland until viability. It's legal after viability if the woman's life or health is endangered or there is a fetal anomaly.
Abortion amendments proposed for the 2024 ballot
Arizona: The Arizona Supreme Court in April upheld a near-total abortion ban, with exceptions only to save the mother's life.
- Democrats and abortion rights advocates are garnering signatures for a ballot measure that would permit abortions up to the point of fetal viability, around 24 weeks of pregnancy, which had been Arizona law before the end of Roe.
- The initiative will appear on the November ballot if organizers collect nearly 384,000 valid signatures by July 3. Organizers announced this week that they've exceeded the signature threshold, but it would still need to be certified.
Arkansas: Arkansans for Limited Government are pushing for an initiative that would establish a right to abortion within the first 18 weeks of pregnancy and in cases of rape, incest, fatal fetal anomalies, and to protect the physical health and life of the pregnant person.
- Arkansas' attorney general approved the wording of the proposed ballot measure in January after rejecting two previous attempts from the group.
- Advocates have until July 5 to gather nearly 91,000 signatures from registered voters.
Colorado: Colorado voters will be looking at competing ballot measures on abortion: guarantee constitutional access or ban it and make it a crime, Axios' John Frank reports.
- Abortion is protected in Colorado with a 2022 law, but advocates want to strengthen the protections in the state constitution.
- A coalition of abortion rights advocates needs to collect about 125,000 valid voter signatures by April 26 to qualify Proposed Initiative 89 for the November ballot. The measure would enshrine the unfettered right to access abortion in the state constitution and remove the current prohibition on using taxpayer dollars to pay for the care.
- If approved, it would allow roughly 1 million local and state government employees and people on Medicaid to use insurance to cover abortion services.
- Anti-abortion advocates must collect signatures for the Colorado Life Initiative by April 18. The measure would ban all types of abortion services without exception, prohibit certain birth control and allow prosecution for murder.
Missouri: The state effectively banned abortions after Roe was overturned.
- The proposed amendment would have the Missouri Constitution provide the right to reproductive freedom, defined as "the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions."
- If passed, the state legislature would be allowed to enact laws that regulate abortion after fetal viability.
- Proponents need around 171,500 signatures by May 5.
Montana: Democrat-aligned groups are working to put a state constitutional amendment protecting abortion rights on Montana's ballot. They have until June 21 to collect more than 60,000 valid signatures.
- The proposed amendment would prohibit "the government from denying or burdening the right to abortion before fetal viability."
- Though Montana is a conservative state, voters rejected a 2022 measure meant to restrict some abortion rights.
Nebraska: Voters in the state may have several different measures relating to abortion on the ballot. Abortion is currently legal in the state up to the 12th week of pregnancy.
- The Right to Abortion Initiative would add an amendment to the state constitution to establish a right to abortion until fetal viability. It needs nearly 125,000 signatures by July 5.
- The Prohibit Abortion Procedures and Drugs Initiative would prohibit abortion procedures and drugs except in cases to preserve the life of the mother. A violation would be considered a felony. The measure needs more than 87,000 signatures by July 5.
- The Nebraska Prohibit Abortions After the First Trimester Amendment would prohibit abortions after the first trimester unless necessitated by a medical emergency or unless the pregnancy is a result of sexual assault or incest. The measure needs nearly 125,000 signatures by July 5.
Nevada: The Nevada Right to Reproductive Freedom Amendment would protect the right to an abortion in a state where the procedure is already legal up until 24 weeks of pregnancy.
- Following a challenge on the scope of the amendment, the state Supreme Court ruled on April 18 that the language of the petition meets Nevada's legal requirements for a ballot measure.
- But organizers, in the meantime, started gathering signatures for a narrower version of the measure that just protects abortion access. They have the more than 102,000 valid signatures required by June 26, per Nevadans for Reproductive Freedom, but the signatures still have to be certified.
- If the measure gets on the November ballot and passes, it will have to be voted on again in 2026 before it can be added to the state constitution due to Nevada law.
South Dakota: The South Dakota Right to Abortion Amendment would provide a trimester framework in the state constitution for regulating abortion. The procedure is currently banned in the state, except to save the life of a pregnant person.
- The new amendment would hold that during the first trimester, the state would be prohibited from regulating a woman's decision to have an abortion. During the second trimester, the state would be able to regulate abortion but "only in ways that are reasonably related to the physical health of the pregnant woman."
- During the third trimester, the state would be able to 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."
- More than 35,017 signatures are needed by May 7 to get the measure on the ballot.
Editor's note: This story has been updated with additional developments.
