Abortion-related questions will appear on the ballot in 10 states this November
With abortion regulation left up to state governments in the wake of the U.S. Supreme Court overturning Roe v. Wade in 2022, 10 states will have reproductive rights-related questions on the ballot this November, leaving it up to voters to directly decide how the procedure will be regulated.
Voters in six states have already upheld abortion rights through ballot initiatives since Roe was overturned.
Three states -- California, Michigan and Vermont -- voted to enshrine abortion rights in 2022. Two other states -- Kentucky and Montana -- voted against further restricting access to abortion. In Kansas, voters struck down a proposal to remove the right to abortion from the state constitution.
Nine states have proposals on the ballot this fall that specifically mention abortion, while a measure in New York addresses general reproductive rights and issues.
Arizona
A ballot initiative in Arizona would amend the state constitution to establish a fundamental right to abortion. It also protects access to abortion after fetal viability if a health care provider determines an abortion is needed to protect the life, physical or mental health of the patient, using clinical standards and evidence-based medicine, according to Arizona For Abortion Access, a coalition supporting the amendment.
The initiative would also prevent the state from penalizing anyone who assists another person in getting an abortion. Some states have sought to criminalize the actions of family and friends who help patients access abortion care, including driving a woman to get an abortion or paying for their abortion care.
The initiative garnered over 820,000 signatures from Arizona voters, far exceeding the 384,000 signatures the state requires to appear on the ballot, according to Planned Parenthood of Arizona.
Arizona currently has a 15-week abortion ban in effect without exceptions for rape or incest. Earlier this year, state lawmakers repealed an 1864 near-total ban on abortion.
Colorado
If approved, a ballot initiative in Colorado would amend the state constitution to add a right to abortion, prohibiting the government from denying, impeding or discriminating against exercising that right, according to the Colorado secretary of state.
The amendment would also prohibit health insurance from denying coverage for abortion. A 1984 amendment had caused the denial of health insurance coverage for abortion services for state and local public employees even in cases of rape, incest, fatal fetal conditions or cases where the pregnant mother's life is at risk, according to the Colorado secretary of state.
The measure codifies abortion rights, even though state law already allows abortions and has established it is a fundamental right. In 2023, Colorado also enacted a shield law prohibiting state agencies from cooperating with out-of-state investigations and legal actions stemming from reproductive health care provided in Colorado.
Florida
An initiative in Florida would amend the state's constitution, outlawing legislation that prohibits, penalizes, delays or restricts abortion care before viability or when necessary to protect the patient's health.
The amendment would still allow mandatory parental notification of minors who get abortion care.
Florida currently has a six-week ban in effect, with exceptions for rape, incest and the life of the mother. If approved, the provision would allow abortions to resume in a state that was a key access point for abortion care for women across the South, before the state's ban went into effect in April.
Prior to the six-week ban, abortions were permitted through 15 weeks of pregnancy.
Maryland
A ballot initiative passed by the legislature would add an article to the Maryland Constitution establishing a right to reproductive freedom, allowing people to make decisions surrounding their own pregnancy. The state would be prohibited from directly or indirectly burdening or abridging the right unless justified by "a compelling state interest achieved by the least restrictive means," according to the wording.
In Maryland, abortion is legal until viability. After viability, abortions are still permitted in cases of fetal anomalies or if the woman's life or health is endangered.
Missouri
A ballot measure in Missouri would amend the state constitution to prohibit the government from being able to deny or infringe upon anyone's right to reproductive freedom -- which gives people the right to make and carry out decisions including abortion care, miscarriage care, birth control, prenatal care, child birth and postpartum care.
The initiative would allow the legislature to enact laws that regulate abortion after fetal viability, except in cases where a provider finds that an abortion is needed to protect the life, physical or mental health of a pregnant person.
The initiative would also prohibit penalizing or prosecuting individuals who get abortion care or anyone who assists them in doing so.
Montana
If approved by voters, a ballot measure in Montana would amend the state's constitution, adding protections for the right to make and carry out decisions about one's pregnancy, including the right to abortion abortions.
The measure would also prohibit the government from denying or burdening the right to abortion before fetal viability and in cases where medical professionals determine it is medically indicated to protect the pregnant person's life or health.
New York
A measure introduced by the state legislature will be on the ballot in November that, if approved, would amend the state constitution to include anti-discrimination protections for pregnancy, pregnancy outcomes and reproductive health care and autonomy.
Nebraska
If approved, a ballot measure in Nebraska would amend the state constitution to create a fundamental right to abortion, prohibiting state interference until fetal viability, in cases where there is significant likelihood the fetus could survive outside the womb or if the abortion is needed to protect the life or health of a pregnant patient, according to the secretary of state.
A second ballot measure would enshrine in the constitution a 12-week abortion ban, which includes exceptions for rape, incest and the life of the mother.
Nevada
A Nevada ballot initiative would amend the state constitution and make abortion access an individual right through fetal viability or whenever necessary to protect the life or health of a pregnant person throughout pregnancy, according to the Nevada secretary of state.
It would prohibit state and local governments from interfering with an individual's fundamental right to an abortion.
If approved by voters, the initiative will be placed on the general election ballot in 2026. The measure needs to be approved twice before it can go into effect.
South Dakota
A question on the ballot in South Dakota establishes a constitutional right to an abortion, but allows some restrictions based on the stage of pregnancy.
The amendment would prohibit the regulation of abortion through the first trimester.
In the second trimester, the state can only regulate abortion in ways that are "reasonably related to the physical health of the pregnant woman," according to the ballot measure.
In the third trimester, the state can regulate abortions except in cases when a medical physician finds an abortion is necessary to preserve the life or health of a pregnant woman, according to the measure.
