3 states uphold abortion restrictions, 7 others protect abortion access
Measures that would have protected abortion rights at the state level are projected to fail in Florida, Nebraska and South Dakota, leaving those state's restrictions in effect. These are the first abortion-related ballot initiatives to fail since the U.S. Supreme Court overturned Roe v. Wade in 2022.
Voters in seven states voted in favor of abortion rights, including one state that has ceased nearly all abortion services.
Voters in six states -- California, Kansas, Kentucky, Montana, Michigan and Vermont -- already upheld abortion rights through ballot initiatives in the 2022 midterm elections.
At least 14 states have ceased nearly all abortion services since Roe v. Wade was overturned. In total, 21 states have restrictions on abortion in effect.
Florida
A measure that would have enshrined protections for abortion rights in Florida's state constitution failed to reach the 60% threshold needed to pass, ABC News projects. The initiative would have amended the state's constitution to add protections for abortion, outlawing legislation that prohibits, penalizes, delays or restricts abortion care before viability or when necessary to protect a patient's health.
Florida has a six-week abortion ban in effect, with exceptions for rape, incest and the life of the mother. If it had been approved, the provision would have allowed 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.
Fifty-seven percent of voters approved the ballot initiative in Florida, three percentage points short of passing. Florida voted down the initiative even as voters there favor legal abortion by 65%. Among supporters of legal abortion, 14% voted against the amendment, according to preliminary exit poll results.
Nebraska
An initiative that prohibits abortions after the first trimester -- with some exceptions -- will pass, ABC News projects.
The projected vote enshrines Nebraska's current 12-week abortion ban in the state's constitution. The measure allows abortions past the first trimester of pregnancy in cases of medical emergencies or pregnancies that are the result of sexual assault or incest.
A second ballot measure in Nebraska that would amend the state constitution to create a fundamental right to abortion, also passed, but received fewer votes. It is unlikely to go into effect as the initiative with the higher number of votes will take effect if there is a conflict.
The proposal would have prohibited 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.
South Dakota
A proposal in South Dakota that would have established a constitutional right to abortion but allow some restrictions based on the stage of pregnancy, is projected to fail.
Under its current ban, South Dakota has ceased nearly all abortion services under its total abortion ban.
The amendment would have prohibited the regulation of abortion through the first trimester. In the second trimester, the state could 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 could regulate abortions except in cases when a physician finds an abortion is necessary to preserve the life or health of a pregnant woman, according to the measure.
Ballot questions that would protect abortion rights are projected to pass in Arizona, Colorado, Maryland, Missouri, Montana, New York and Nevada.
Arizona
A ballot initiative projected to be approved by Arizona voters will 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.
Arizona currently has a 15-week abortion ban without exceptions for rape or incest. Earlier this year, state lawmakers repealed an 1864 near-total ban on abortion.
The initiative will also prevent the state from penalizing anyone who assists another person in obtaining abortion care. 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.
Colorado
Voters in Colorado are projected to approve a ballot initiative that would add a right to abortion in the state's constitution. The amendment prohibits the government from denying, impeding or discriminating against exercising that right, according to the Colorado secretary of state.
The initiative will also prohibit health insurance from denying coverage for abortion.
The state already protects abortions and state law has established it is a fundamental right. In 2023, Colorado also passed a shield law that prohibits state agencies from cooperating with out-of-state investigations and legal actions stemming from reproductive health care provided in Colorado.
Maryland
A ballot question that would add an article to the Maryland Constitution establishing a right to reproductive freedom is projected to be approved by voters, with 51% of the estimated vote in.
Abortion in Maryland is already legal until viability. After viability, abortions are still permitted in cases of fetal anomalies or if the woman's life or health is endangered.
The ballot initiative will allow people to make decisions surrounding their own pregnancy and the state will 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.
The measure was referred to the ballot by the state legislature.
Missouri
Voters in Missouri are projected to approve an amendment that would enshrine the right to abortion in the state constitution.
Missouri is the first state with a near-total abortion ban in effect to approve an abortion rights initiative. Missouri's ban does not have exceptions for rape, incest or fatal fetal anomalies.
The initiative would amend the state's 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 will allow the legislature to enact laws that regulate abortion after fetal viability, except in cases where a medical provider finds that an abortion is needed to protect the life, physical or mental health of a pregnant person.
It will also prohibit penalizing or prosecuting individuals who get abortion care or anyone who assists them in doing so.
Montana
A ballot measure projected to be approved by voters 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 imposing burdens on 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.
Abortion is currently legal in Montana until viability.
New York
In New York, a ballot measure -- which does not explicitly mention abortion -- amends the state constitution to include anti-discrimination protections for pregnancy, pregnancy outcomes and reproductive health care and autonomy. The measure was introduced by the state legislature.
Abortion is legal up to viability in New York.
Nevada
A ballot initiative in Nevada is projected to pass, but will need to be approved again by voters in 2026 to take effect. The measure 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.
If approved in 2026, the measure will prohibit state and local governments from interfering with an individual's fundamental right to abortion.
