Tracking abortion ballot measures by state in the 2024 election



CNN

More than two years after the US Supreme Court overturned Roe v. Wade and ended the federal constitutional right to abortion, voters in 10 states are deciding whether to cement reproductive rights into their state constitutions.

Florida voters will reject a measure to protect the right to an abortion up to the point of viability, CNN projects, with the amendment failing to meet the 60% voter threshold for passage. The state’s six-week ban will remain in place.

Voters in four other states — Arizona, Missouri, Nebraska and South Dakota — also cast ballots on whether to invalidate their states’ current abortion bans or restrictive policies.

And in Nebraska, voters are considering a dueling measure that would do the opposite—cement the current abortion ban in the state constitution.

Here is what’s on the ballot and check back for live results throughout election night.

Since Roe was overturned in 2022, seven states had seen a popular vote on abortion rights before that year. All measures intended to protect access were adopted, while all measures to limit it failed.

Florida voters will reject a measure to protect the right to abortion until viability, CNN projects. Although the measure is expected to get a majority of the vote, it will fall short of the 60% threshold needed to pass.

Both supporters and opponents of abortion rights campaigned fiercely on the issue. A federal judge recently accused Republican Gov. Ron DeSantis’ administration officials of trying to violate First Amendment rights in their anti-ballot campaign.

The Sunshine State once served as a critical access point for patients from southern states with more restrictive abortion policies.

The Arizona Abortion Access Act would enshrine the right to abortion in the state constitution up to fetal viability, about 22 to 24 weeks into the pregnancy.

The Arizona State Supreme Court voted in April to uphold a Civil War-era blanket ban on abortion, sparking national outrage and prompting state lawmakers to repeal the ban before it could take effect. Abortion rights advocates say the moment served as a stark reminder of what could come if reproductive rights are not enshrined in the state constitution.

The Colorado Right to Abortion and Health Insurance Coverage Initiative would enshrine abortion rights in the state constitution and authorize the use of public funds for abortion.

While the vote in Colorado would not change much about the legality of abortion itself, voter approval of the amendment would pave the way for the state to potentially cover abortions under Medicaid and some state employee health insurance plans. Supporters of the measure say this would go a long way toward expanding access to abortion, especially among low-income individuals.

Under Colorado law, the measure would require the support of at least 55% of voters to pass.

The amendment to limit government interference in abortion would protect the right to abortion up to the “point of viability” or to protect patients’ health as determined by their health care provider. It would require the support of at least 60% of voters to be approved.

Maryland

The Right to Reproductive Freedom initiative would enshrine abortion as a right in the state constitution. The initiative would protect access to reproductive health care, including the choice to “continue or terminate one’s own pregnancy.”

In 2023, Maryland passed a shield law protecting its abortion providers from investigations by other states. While the state’s vote will have little impact on abortion access for its own residents, supporters say it is important to strengthen reproductive freedoms in a state that has become an access point for out-of-state patients.

The measure would establish a right in the state constitution to make decisions about reproductive care without government interference — including abortion, up to fetal viability, about 22 to 24 weeks into pregnancy. It would also protect those seeking or providing care from government discrimination.

Missouri voters will decide whether or not to effectively repeal the state’s current abortion ban. The measure specifically cites people’s right to make their own decisions about birth control, meaning birth control access is also on the ballot.

Montana’s Right to Abortion Initiative would amend the state constitution to protect the right to make decisions about one’s pregnancy—including the right to abortion—through fetal viability or when necessary to protect the life or health of the pregnant woman, as determined by a physician.

Montana’s vote won’t change current access to abortion, but it could protect against future attempts to restrict abortion by state Republicans.

The Protect Women and Children initiative would enshrine the current 12-week abortion ban in the state constitution, with exceptions for rape, incest and medical emergencies. The Protect the Right to Abortion initiative would enshrine the right to abortion in the state constitution until viability or to protect the life or health of the pregnant woman.

This summer, Nebraska Secretary of State Bob Evnen announced that for the first time in state history, two opposing petition efforts had made the same vote. Organizers campaigned fiercely to get their respective measures on the ballot – with each side accusing the other of using deceptive tactics.

For a measure to pass, it must have a majority of votes and at least 35% of the total number of votes cast in the election. If both amendments are adopted, the one with more votes will take precedence.

Nevada’s right to abortion initiative would establish in the state constitution the fundamental right to an abortion, up to fetal viability, or to protect the life or health of a pregnant patient.

In Nevada, an amendment must be passed two consecutive general elections before it can be added to the state constitution. If Nevadans vote to approve the measure, they would still have to wait two years and cast another vote to see the right to abortion written into the state constitution.

If passed, the New York Equal Rights Amendment would amend the Equal Protection Clause of the state constitution to say that a person’s rights cannot be denied because of “pregnancy, pregnancy outcomes, and reproductive health care and autonomy.”

The amendment survived several legal challenges to get on the state ballot. It seeks to provide protection against discrimination based on a number of factors, including pregnancy outcome, age, disability, sexual orientation and gender identity. While supporters have focused on abortion rights, opponents have used the broad nature of the measure to raise concerns about transgender and parenting issues.

The right to abortion initiative would legalize abortion – with rules – in the first and second trimesters of pregnancy. Currently, all abortions are prohibited in the state, except to save the life of the mother.

Reproductive rights advocates hope this measure will provide abortion access to pregnant rape or incest survivors who have no abortion options under the state’s current law. The measure would still allow for state regulation of abortion during the second trimester of pregnancy, but advocates say it would still be a win for reproductive rights in the state.