Abortion Rights on the Ballot: Key Decisions in 10 US States This Election

Today, voters in 10 US states are faced with a decision that could reshape the landscape of reproductive rights across the country. This election marks the first presidential race since the Supreme Court’s 2022 decision to overturn Roe v. Wade, which had federally guaranteed abortion rights for nearly 50 years. With abortion now a state-level issue, the ballot measures in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota could bring significant changes to access and protections. Millions of Americans will determine whether their states should protect, expand, or limit abortion rights within their borders.

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The National Context of Abortion Rights

Since the Supreme Court’s decision, abortion has become a deeply influential issue in the US, with 13 states enacting total bans and another 4 severely restricting abortion after six weeks of pregnancy. Recent polls underscore its importance: a New York Times/Siena College survey ranks abortion as the second most important issue for voters, following the economy, with younger women identifying it as their top priority. Analyses from KFF reveal that double the number of women surveyed would trust Kamala Harris over Donald Trump on abortion policies, as Harris’s campaign has focused on enshrining reproductive rights nationwide. The outcome of today’s measures will not only influence local policies but also signal how deeply abortion rights resonate with voters ahead of the 2024 presidential race.

States Voting on Expanding Abortion Access

Arizona: Abortion Access Act

Arizona voters are deciding on a measure to enshrine abortion rights up to fetal viability, around 22-24 weeks, in the state constitution. This proposal, known as the Arizona Abortion Access Act, emerged after the Arizona Supreme Court upheld a Civil War-era ban earlier this year, sparking national outrage. Advocates emphasize that the current vote is an urgent step to prevent similar restrictive laws in the future.

Colorado: Right to Abortion and Health Insurance Coverage Initiative

In Colorado, a ballot measure would constitutionally protect abortion rights and permit the use of public funds to support abortion services. While Colorado already allows abortion access without gestational limits, proponents argue that this initiative could pave the way for Medicaid and state employee health plans to cover abortions, expanding access for low-income individuals. The measure requires 55% of the vote to pass.

Florida: Amendment to Limit Government Interference with Abortion

Florida’s proposal seeks to add abortion rights up to fetal viability to the state constitution, requiring 60% of the vote to pass. Given Florida’s proximity to states with restrictive laws, the measure could have a far-reaching impact by providing broader access for individuals throughout the South. This measure faces significant opposition, with a federal judge recently criticizing Governor Ron DeSantis’s administration for attempting to suppress support for the amendment.

Maryland: Right to Reproductive Freedom

Maryland’s amendment would secure the right to reproductive freedom in its constitution, covering access to abortion and other reproductive health choices. Maryland’s new shield law, enacted in 2023, already protects providers from investigations by other states, and supporters view the constitutional amendment as a proactive step to safeguard existing freedoms.

Missouri: Reproductive Freedom Amendment

In Missouri, voters will decide on a measure that would establish a constitutional right to make reproductive care decisions, including access to contraceptives and abortion up to fetal viability. If passed, the amendment could overturn Missouri’s current abortion ban and offer protections for those seeking or providing reproductive care. Advocates argue that this amendment addresses not only abortion but also the broader right to privacy and reproductive freedom.

States Voting to Protect Existing Abortion Policies

Montana: Right to Abortion Initiative

Montana’s measure would constitutionally protect the right to make decisions about pregnancy, including abortion, up to fetal viability or to protect the pregnant person’s life or health. Although the measure wouldn’t change current abortion access, it could shield Montana residents from future restrictions by state legislators.

Nebraska: Conflicting Ballot Measures

Nebraska voters face a unique situation with two competing ballot measures. The Protect Women and Children initiative would enshrine the state’s current 12-week ban, while the Protect the Right to Abortion initiative would safeguard abortion access up to fetal viability. If both pass, the one with more votes will take effect. This summer, Nebraska’s Secretary of State confirmed that this is the first time two conflicting measures have appeared on the ballot, reflecting the high stakes in the abortion rights debate.

Nevada: Right to Abortion Initiative

Nevada’s proposed measure would constitutionally protect the right to abortion up to fetal viability or in cases where the health or life of the pregnant person is at risk. However, Nevada’s process requires the amendment to be approved in two consecutive elections before it can be added to the state constitution, so if passed, voters will need to reaffirm it in two years.

New York: Equal Rights Amendment

New York’s amendment seeks to broaden protections under the state’s equal protection clause, ensuring that rights are not denied due to pregnancy or reproductive health outcomes. Though it doesn’t explicitly mention abortion, supporters argue that the language safeguards abortion rights, while opponents have raised concerns about potential implications for parental and transgender rights.

States with Limited Abortion Protections

South Dakota: Right to Abortion Initiative

South Dakota’s measure, while providing a level of protection, is less comprehensive than those in other states, legalizing abortion only during the first and second trimesters and allowing regulation after 12 weeks for health-related reasons. As a result, some national abortion rights groups have chosen not to support it. Nonetheless, advocates view it as a meaningful first step toward restoring abortion access for survivors of rape and incest, who currently lack options under the state’s stringent abortion laws.

Broader Implications of the Election Outcomes

The outcome of these ballot measures could serve as a barometer of public opinion on reproductive rights, influencing both state policies and federal discourse on abortion. However, legal and logistical barriers may delay implementation, especially in states like Missouri, where amendments may face legal challenges. If these measures pass, states could see a mix of court battles, legislative revisions, and new licensing requirements to bring abortion services in line with voter expectations. For advocates, today’s votes are not just about access—they’re also about securing a future where reproductive rights are protected from political shifts.

A Defining Moment for Reproductive Rights in America

Today’s ballot measures mark a critical juncture in the fight for reproductive rights in the US. As states tally votes on abortion-related measures, these decisions will shape the future of healthcare, privacy, and individual autonomy across the country. For supporters and opponents alike, the outcomes in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota will determine not only local policies but also the national narrative on abortion for years to come. With public opinion favoring reproductive rights on prior ballots, today’s results could offer a window into the lasting impact of Roe v. Wade’s reversal on American society.