This November, abortion will be on the ballot in 10 states, including the states that could determine the next president.
In the two years since the US supreme court overturned Roe v Wade, abortion has become the kind of issue that decides elections. Outrage over Roe’s demise led Republicans to flounder in the 2022 midterms, and abortion rights supporters have won every post-Roe abortion-related ballot measure, including in red states such as Ohio, Kentucky and Kansas.
This year, most of the ballot measures are seeking to amend states’ constitutions to protect abortion rights up until fetal viability, or about 24 weeks of pregnancy. Because a number of the measures are in states that have outlawed abortion, they could become the first to overturn the post-Roe ban. Others are in states where abortion is legal, but activists say the measures are necessary to cement protections so they can’t be easily overturned if Republicans control the government.
These are the states slated to vote on abortion this election day.
Arizona
Abortion rights supporters in Arizona, a key battleground state in the presidential election, are vying to pass a measure that would enshrine the right to abortion up until viability in the state constitution. A provider could perform an abortion after viability if the procedure is necessary to protect the life or physical or mental health of a patient.
Arizona currently bans abortion past 15 weeks of pregnancy. Earlier this year, the state supreme court reinstated a 19th-century near-total abortion ban, generating nationwide outrage that prompted the state legislature to quickly repeal it in favor of letting the 15-week ban stand.
Colorado
Colorado’s measure would amend the state constitution to block the state government from denying, impeding or discriminating against individuals’ “right to abortion”. This measure also includes a one-of-a-kind provision to bar Colorado from prohibiting healthcare coverage for abortion – which could very well pass in the deep-blue state.
Because Colorado permits abortion throughout pregnancy and neighbors five states with bans – Oklahoma, Texas, Arizona, Utah and Nebraska – the state has become a haven for people fleeing abortion bans, especially those seeking abortions later in pregnancy.
Florida
Once the last stronghold of southern abortion access, Florida in May banned abortion past six weeks of pregnancy, which is before many women know they’re pregnant. Its measure, which needs 60% of the vote to pass, would roll back that ban by adding the right to an abortion up until viability to the state’s constitution. Providers could perform an abortion after viability if one is needed to protect a patient’s health.
Florida Republicans’ tactics in the fight against the measure has alarmed voting rights and civil rights groups. Law enforcement officials have investigated voters who signed petitions to get the measure onto the ballot, while a state health agency has created a webpage attacking the amendment.
Maryland
Legislators, rather than citizens, initiated Maryland’s measure, which would amend the state constitution to confirm individuals’ “right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end the individual’s pregnancy”. Like Colorado, Maryland has become an abortion haven because it permits the procedure throughout pregnancy. It is also relatively close to the deep south, which is blanketed in bans.
Missouri
Abortion opponents went to court to stop Missouri’s measure from appearing on voters’ ballots, but the state supreme court rejected their arguments and agreed to let voters decide whether the Missouri constitution should guarantee the “fundamental right to reproductive freedom, which is the right to make and carry out decisions about all matters relating to reproductive healthcare, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions”.
Missouri, which was the first state to ban abortion after Roe fell, only permits the procedure in medical emergencies. If the measure passes, it is expected to roll back that ban and permit abortion until viability.
Montana
In the years since Roe fell, Montana courts and its Republican-dominated legislature have wrestled over abortion restrictions and whether the right to privacy embedded in Montana’s constitution includes the right to abortion. Abortion remains legal until viability in Montana, but the measure would amend the state constitution to explicitly include “a right to make and carry out decisions about one’s own pregnancy, including the right to abortion” up until viability. Providers could perform an abortion after viability to protect a patient’s life or health.
Nebraska
Nebraska, which bans abortion past 12 weeks of pregnancy, is the lone state with two competing ballot measures this November. One of the measures would enshrine the right to abortion up until viability into the state constitution, while the other would enshrine the current ban. If both measures pass, the measure that garners the most votes would take effect.
Nevada
Alongside Arizona, Nevada is one of the most closely watched states in the presidential election. Its measure would amend the state constitution to protect individuals’ right to abortion up until viability, or after viability in cases where a patient’s health or life may be threatened. Nevada already permits abortion up until 26 weeks of pregnancy.
New York
New York state legislators added a measure to the ballot to broaden the state’s anti-discrimination laws by adding, among other things, protections against discrimination on the basis of “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health”.
Although sky-blue New York passed a law protecting reproductive rights in 2019, advocates say this measure could be used to defend abortion rights against future challenges. However, the ballot language before voters will not include the word “abortion”, leading advocates to fear voters will not understand what they are voting on. Democrats pushed to add the word “abortion” to the description of the measure, but a judge rejected the request, ruling that the amendment poses “complex interpretive questions” and its exact impact on abortion rights is unclear.
South Dakota
South Dakota’s measure is less sweeping than other abortion rights measures, because it would only protect the right to abortion in the first trimester of pregnancy. Under this measure, South Dakota could regulate access to abortion “only in ways that are reasonably related to the physical health of the pregnant woman” in the second trimester of pregnancy. In the third trimester, the state could ban abortion except in medical emergencies. Right now, South Dakota only allows abortions in such emergencies.
Although this measure will appear on the ballot, there will be a trial over the validity of the signatures that were collected for it. Depending out the outcome of the trial, the measure – and any votes cast for it – could be invalidated.
