Voters in Florida, South Dakota and Nebraska rejected efforts to expand abortion access in their state constitutions — breaking a streak of ballot wins for abortion rights following the 2022 Supreme Court decision overturning Roe v. Wade.
But voters in seven other states — Arizona, Colorado, Maryland, Missouri, Montana, New York and Nevada — opted to codify protections for abortion.
The mixed results paint a complex picture among competing election priorities. Democrats had focused on abortion access as their top issue this cycle, and states like Montana and Missouri elected Republican senators and notched wins for Donald Trump while also codifying abortion rights.
Florida became the first state to reject an abortion rights ballot measure since the 2022 Supreme Court Dobbs v. Jackson Women’s Health Organization decision. In the aftermath of that decision, seven states successfully approved abortion rights measures until Florida broke that streak early Tuesday night.
Despite that, a majority of Florida voters — about 57 percent — backed the measure. The measure required 60 percent approval to pass. Abortion remains restricted after about 6 weeks of pregnancy.
“We were grossly outspent, worked countless hours, drove across the state of Florida speaking out against this vile amendment and our grassroots team was second to none,” said Lynda Bell, president of Florida Right to Life, who celebrated the amendment’s defeat.
“We are profoundly disappointed with today’s result that reflects the will of only a minority of voters,” said Laura Goodhue, executive director of the Florida Alliance of Planned Parenthood Affiliates. “The irony should be lost on no one that while most Floridians voted to keep the government from interfering in our personal medical decisions, anti-abortion politicians used state government agencies to interfere in this election every step of the way.”
In Nebraska, voters rejected an initiative that would have enshrined the right to an abortion in the state constitution. But voters did pass a separate, competing measure that would codify limiting abortions after 12 weeks of pregnancy with some exceptions — in line with their current law.
South Dakota voters rejected a measure to institute a trimester framework to regulate abortion access. The amendment would have allowed the state to enforce some abortion regulations during the second and third trimesters. The state’s current ban on most abortions that does not include exceptions for rape and incest remains in effect.
Abortion rights
Abortion-rights advocates celebrated wins in the seven states that did opt to amend their state constitutions to enshrine the right to reproductive freedom, including abortion. But the response comes as they also saw losses in electoral and statewide races prioritizing the same issue.
Missouri voters approved a ballot initiative to add language to the state’s constitution establishing the right to reproductive freedom, including abortion.
The vote marks the first time a state initiative would reverse a post-Dobbs ban on almost all abortions. The state’s measure had previously been entangled in a legal battle before the state Supreme Court this past September ruled that it would appear on the ballot.
Montana voters approved an amendment establishing the right to make decisions about one’s pregnancy. This comes after state voters defeated an anti-abortion measure in 2022.
Nevada and Arizona passed initiatives that would protect the right to abortion before fetal viability, which is about 23 weeks into pregnancy. Arizona law currently limits abortion after 15 weeks of pregnancy. Neither state’s battleground Senate race has been called yet but Sen. Jacky Rosen and Ruben Gallego have rallied with abortion rights groups to garner support.
Voters in Maryland, New York and Colorado, which do not prohibit abortion, also voted in favor of abortion rights.
Colorado’s initiative will also allow insurers to cover the procedure. The initiative had more than 61 percent support as on early Wednesday and needed at least 55 percent to pass.
About 74 percent of Marylanders voted to establish a right to reproductive freedom, including abortion and birth control, in the state constitution.
And in New York, the state passed its initiative which expanded protections for pregnancy, pregnancy outcomes, and reproductive health care and autonomy.
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