Following the U.S. Supreme Court’s ruling to overturn Roe in the 2022 Dobbs v. Jackson Women’s Health Organization decision, reproductive rights are now in the hands of the states. Advocates have begun working to enshrine abortion rights in state constitutions across the nation. Since the Dobbs decision, voters in 6 states, California, Kansas, Kentucky, Michigan, Vermont, and Ohio, have weighed in on constitutional amendments regarding abortion. The side favoring access to abortion in the state constitution prevailed in every state. In 2024, abortion measures are on the ballot in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska*, New York**, Nevada, and South Dakota.
* Nebraska has two abortion ballot measures
** New York has a reproductive rights related measure, but not an abortion ballot measure
Arizona
In Arizona, the current abortion law bans abortion after 15-weeks, but the 2024 ballot measure could change that. Passed in 2022, the Arizona law contains no exceptions for survivors of rape or incest. Doctors who perform an abortion beyond that deadline for any reason except to prevent a patient’s death or the “substantial and irreversible impairment” of a major bodily function face a class 6 felony, which carries with it a potential prison sentence of up to 2 years. Proposition 139, or the 2024 Arizona Abortion Access Act, is a state constitutional amendment to establish a fundamental right to abortion and to limit the state’s ability to interfere with that right before “fetal viability.”
The official ballot summary is as follows:
A “yes” vote shall have the effect of creating a fundamental right to abortion under Arizona’s constitution. The State will not be able to interfere with this fundamental right before fetal viability, unless it has a compelling reason and does so in the least restrictive way possible. Fetal viability means the point in the pregnancy when, in the good-faith judgment of a treating health care professional, the fetus has a significant likelihood of survival outside the uterus. Throughout the pregnancy, both before and after fetal viability, the State will not be able to interfere with the good-faith judgment of a treating health care professional that an abortion is necessary to protect the life or health of the pregnant individual. The State will not be able to penalize any person for aiding or assisting a pregnant individual in exercising the right to an abortion.
A “no” vote shall have the effect of not creating a fundamental right to have an abortion under Arizona’s constitution, will leave in place current laws that restrict abortion before fetal viability, and will allow the State to further restrict or ban abortion in the future
The voter registration deadlines for Arizona are October 7, 2024 for online, in-person, and by mail with the general election being November 5, 2024. Here is the Arizona Election website to check your voter registration, polling location, and other election information!
Colorado
Colorado is one of 10 states that does not restrict abortion after a specific point in a pregnancy. In 2020, there was an initiative, Colorado Proposition 115, to ban abortions after 22 weeks which was rejected by voters. For 2024, the Colorado Right to Abortion and Health Insurance Coverage Initiative, Initiative 89, would protect abortion access in the Colorado state constitution. This measure would lift the state’s ban on using state money for abortion. In order for Initiative 89 to pass, a supermajority of at least 55% of Colorado’s voters is required.
The ballot summary is as follows:
A “yes” vote supports creating a right to abortion in the state constitution and allowing the use of public funds for abortion.
A “no” vote opposes creating a right to abortion in the state constitution and opposes repealing a constitutional provision that bans the use of public funds for abortion.
The voter registration deadlines for Colorado are October 28 for online and mail and November 5 for in-person. Here is the Colorado Election website to check your voter registration, polling location, and other election information!
Florida
The current abortion law in Florida consists of a 6-week ban. Before 2022, abortions were legal in Florida until 24 weeks. On April 13, 2023, the legislature passed a bill, known as the Heartbeat Protection Act, to ban abortion at six weeks. This bill was set to take effect 30 days after the Florida Supreme Court ruled on the 15-week abortion ban case. On April 1, 2024, the Florida Supreme Court upheld the state’s 15-week abortion ban, which led to the 6-week ban going into effect 30 days later, on May 1, 2024. In the upcoming 2024 election, Amendment 4, or the Right to Abortion Initiative, is on the ballot. Amendment 4 would reverse the current abortion ban and enshrine a right to abortion “before viability” which is 24 weeks, into the state constitution. There is also a supermajority required of 60% to approve the amendment.
The ballot summary is as follows:
A “yes” vote supports adding the following language to the Florida Constitution’s Declaration of Rights: “… no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” Amendment 4 would maintain the current constitutional provision that permits a law requiring parents to be notified before a minor can receive an abortion.
A “no” vote opposes amending the Florida Constitution’s Declaration of Rights to provide that the state cannot “… prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”
The voter registration deadlines for Florida is October 7, 2024 for online, by mail, and in-person. Here is the Florida Election Website to check your voter registration, polling location, and other election information!
Maryland
In March 2023, the General Assembly of Maryland passed the “Right to Reproductive Freedom Act” in response to the US Supreme Court’s overturning of Roe. This legislation would amend the “Declaration of Rights” in Maryland’s constitution, enshrining the right to reproductive freedom in the state of Maryland. Before this right can be added to the state constitution, it must be approved by Maryland voters, which is a requirement for all constitutional amendments. Even though Maryland has reproductive freedom laws, without the right in the state constitution, it could be vulnerable in the future.
The Amendment voting summary:
A “yes” vote supports adding a new article to the Maryland Constitution’s Declaration of Rights establishing a right to reproductive freedom, defined to include “the ability to make and effectuate decisions to prevent, continue, or end one’s own pregnancy.”
A “no” vote opposes amending the state constitution to establish a right to reproductive freedom.
The voter registration deadlines for Maryland are October 15, 2024 for online and by mail, and November 5 in-person.. Here is the Maryland Election Website to check your voter registration, polling location, and other election information!
Missouri
As of 2022, abortion is completely banned in Missouri with certain exceptions, including saving the life or preventing a serious risk to the health of the pregnant woman. Missouri law also requires that a minor seeking an abortion must receive parental consent. In 2024, Amendment 3 would amend the Missouri Constitution to provide the right for reproductive freedom, which is 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.” This measure would protect rights to birth control, prenatal care, postpartum care, childbirth care, and more.
The official ballot summary is as follows:
“A “yes” vote will enshrine the right to abortion at any time of a pregnancy in the Missouri Constitution. Additionally, it will prohibit any regulation of abortion, including regulations designed to protect women undergoing abortions and prohibit any civil or criminal recourse against anyone who performs an abortion and hurts or kills the pregnant woman.
A “no” vote will continue the statutory prohibition of abortion in Missouri.
If passed, this measure may reduce local taxes while the impact to state taxes is unknown”.
The voter registration deadlines for Missouri is October 9, 2024 for online and by mail, and in-person. Here is the Missouri Election Website to check your voter registration, polling location, and other election information!
Montana
Abortion is currently legal in Montana until “fetal viability” which is generally 24–26 weeks of pregnancy. In 2024, CI-128, or the Right to Abortion Initiative, is on the ballot to enshrine abortion rights into the Montana state constitution. The constitutional amendment would explicitly create a constitutional right to an abortion stating “there is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion.” The amendment would prohibit the government from penalizing a person based on their pregnancy outcomes nor someone who aids in an abortion.
A “yes” vote supports amending the Montana Constitution to: provide a state constitutional “right to make and carry out decisions about one’s own pregnancy, including the right to abortion,” and allow the state to regulate abortion after fetal viability, except when “medically indicated to protect the life or health of the pregnant patient.”
A “no” vote opposes amending the Montana Constitution to provide a state constitutional “right to make and carry out decisions about one’s own pregnancy, including the right to abortion,” and allow the state to regulate abortion after fetal viability, except when “medically indicated to protect the life or health of the pregnant patient.”
The voter registration deadlines for Montana are October 7, 2024 by mail, November 5 in-person and there’s no online registration option. Here is the Montana Election Website to check your voter registration, polling location, and other election information!
Nebraska
The current Nebraska law bans abortion after 12 weeks of pregnancy as of May 22, 2023. In 2024, Nebraska will have 2 competing measures on the ballot. The Nebraska Right to Abortion Initiative would enshrine the right to an abortion until viability into the state constitution. However, the Prohibit Abortions After the First Trimester Amendment or “Protect Women and Children Amendment” would enshrine the current 12-week abortion ban, with exceptions for sexual assault or medical emergencies, into the Nebraska constitution. The measure that gets the most votes will become law.
The voter registration deadlines for Nebraska are October 18, 2024 by mail and online,and October 25 in-person. Here is the Nebraska Election Website to check your voter registration, polling location, and other election information!
Nevada
Since 1990, Nevada voters have upheld NRS 442.250, which legalized abortion until 24 weeks, and prohibited the state legislature from amending or repealing the law unless it was placed on the ballot. In 2024, Question 6 or the Right to Abortion Initiative is on the ballot to enshrine abortion rights in the Nevada Constitution until fetal viability or when to protect the life or health of the pregnant patient.
A “yes” vote supports providing for a state constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to “protect the life or health of the pregnant patient.”
A “no” vote opposes providing for a state constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to “protect the life or health of the pregnant patient.”
Even though these protections are very similar to the current Nevada law, a constitutional right to an abortion would be harder to overturn and further protect reproductive freedom in Nevada. The ballot question must also be approved in the 2026 election since this will be the first time that voters can weigh in for the Constitution to be amended.
The voter registration deadlines for Nevada are October 8, 2024 by mail and online, and November 5 online and in-person. Here is the Nevada Election Website to check your voter registration, polling location, and other election information!
South Dakota
In South Dakota, there is currently a complete abortion ban, with the only exception to save the life of the mother. Constitutional Amendment G would provide a state constitutional right to abortion and provide that the state cannot regulate abortion before the end of the first trimester. 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”. A “no” vote opposes providing for a state constitutional right to abortion in South Dakota, using a trimester framework for regulation.
The voter registration deadlines for South Dakota are October 21, 2024 by mail and in-person, and there’s no online option. Here is the South Dakota Election Website to check your voter registration, polling location, and other election information!
New York
The current New York law states that all people have the right to abortion through the 24th week of pregnancy. After 24 weeks, abortion is permitted if your medical provider decides your fetus is not viable or your life, physical health, or mental health are at risk. In 2024, Proposal 1 would amend the Equal Protection Clause of the New York Constitution. Currently the Equal Protection Clause prohibits a person’s rights from being denied 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.” Proposal 1 would add that people’s rights cannot be denied based on their “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” This law does not enshrine the right to an abortion, however it does prevent discrimination based on reproductive care.
The voter registration deadlines for New York are October 26, 2024 by mail, online, and in-person. Here is the New York Election Website to check your voter registration, polling location, and other election information!
