2024 abortion-related ballot measures and state context
From Ballotpedia
| Abortion-related ballot measures in the U.S. | |
|---|---|
| Pages: • Results for abortion-related ballot measures, 2024 • History of abortion ballot measures • Abortion policy ballot measures • Abortion regulations by state | |
On November 5, 2024, voters decided on 11 abortion-related ballot measures—the most on record for a single year.
Ten addressed state constitutional rights to abortion. Voters approved seven of them in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada, while three were defeated in Florida, Nebraska, and South Dakota.
One, in Nebraska, to limit the timeframe for when an abortion can be performed was approved.
See the sections below for further information on the following topics:
- 2024 abortion-related state ballot measures
- Certified for the ballot in 2024
- Potential measures on the 2024 ballot
- Measures not on the ballot
- Political context of abortion-related ballot measures
- Previous abortion-related ballot measure elections
- List of state ballot measure election results by year
The following map shows both certified and potential abortion-related ballot measures for 2024:
Certified for the ballot in 2024
- See also: 2024 ballot measures
The following table provides a list of abortion-related measures that were on the ballot in 2024:
| State | Date | Measure | Description | Outcome |
|---|---|---|---|---|
| Arizona | Nov. 5, 2024 | Right to Abortion Initiative | • Establishes the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability | 
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| Colorado | Nov. 5, 2024 | Right to Abortion Initiative | • Provide a constitutional right to abortion in the state constitution and allow the use of public funds for abortion |
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| Florida | Nov. 5, 2024 | Florida Amendment 4 | • Provide a constitutional right to abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider | 
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| Maryland | Nov. 5, 2024 | Right to Reproductive Freedom Amendment | • Amend the Maryland Constitution to establish a right to reproductive freedom, defined to include "decisions to prevent, continue, or end one's own pregnancy" |
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| Missouri | Nov. 5, 2024 | Right to Reproductive Freedom Amendment | • Amend the Missouri Constitution to provide the right for reproductive freedom, and provide that the state legislature may enact laws that regulate abortion after fetal viability |
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| Montana | Nov. 5, 2024 | CI-128, Right to Abortion Initiative | • Amend the Montana Constitution to provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion" |
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| Nebraska | Nov. 5, 2024 | Prohibit Abortions After the First Trimester Amendment | • Amend the Nebraska Constitution to provide that "unborn children shall be protected from abortion in the second and third trimesters" |
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| Nebraska | Nov. 5, 2024 | Right to Abortion Initiative | • Amend the Nebraska Constitution to provide that "all persons shall have a fundamental right to abortion until fetal viability" |
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| New York | Nov. 5, 2024 | Equal Protection of Law Amendment | • Add language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." |
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| Nevada | Nov. 5, 2024 | Right to Abortion Initiative | • Establish the constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant woman. |
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| South Dakota | Nov. 5, 2024 | Constitutional Amendment G | • Provide a trimester framework for regulating abortion in the South Dakota Constitution |
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Arizona Proposition 139, Right to Abortion Initiative
- Measure summary: Amend the Arizona Constitution to establish the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability. Fetal viability is defined in the measure as the point of pregnancy when there is significant chance of the survival of the fetus outside of the uterus without the application of extraordinary medical measures. This right would not be interfered with unless justified by a compelling state interest. In the measure, a compelling state interest is defined as a law or regulation enacted for the limited purpose of improving or maintaining the health of the individual seeking abortion care that does not infringe on that individual's autonomous decision making
- Current law: As of August 14, abortion is legal for up to 15 weeks of pregnancy in Arizona.
- Support: Arizona for Abortion Access is leading the campaign in support of the initiative.
- Opposition: It Goes too Far is leading the campaign opposing the initiative
Colorado Right to Abortion and Health Insurance Coverage Initiative
- Measure summary: This measure provide a right to abortion in the state constitution. The initiative would prohibit the state or local governments from denying or impeding the right to an abortion and allow abortion to be a covered service under health insurance plans. The initiative would repeal Section 50 of Article V of the Colorado Constitution, adopted in 1984, which prohibited the use of public funds for abortion.[1]
- Current law: Colorado is one of 10 states that does not restrict abortion after a specific point in a pregnancy. In 1984, Coloradans voted 50.4% to 49.6% to ban public funding of abortion except for cases where the mother's life is in danger. The provision prevented state health insurance from covering abortions for government employees and others on state health insurance plans such as Medicaid. The measure was challenged in 1988 and was upheld by voters. In 1998, Coloradans voted 55% to 45% to require parents to be notified if their minor children seek an abortion and voted 51% to 49% to reject a ban on partial-birth abortion. In 2000, Colorado voters rejected a measure that would have required women to be given certain information from a physician at least 24 hours in advance of an abortion. Coloradans defeated three measures (in 2008, 2010, and 2014) that would have defined person to include fetuses or unborn human beings. In 2020, voters rejected an initiative that would have banned abortions after 22 weeks.[2]
- Support: Coloradans for Protecting Reproductive Freedom led the campaign in support of the initiative.
- Opposition: Ballotpedia has not located a campaign registered to oppose the initiative.
Florida Amendment 4
- Measure summary: The measure would provide a constitutional right to abortion before fetal viability, which is estimated to be around 24 weeks, or when necessary to protect the woman's health, as determined by the woman's healthcare provider.
- Current law: On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban took effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.[3]
- Support: Floridians Protecting Freedom is leading the campaign in support of the initiative.[4]
- Opposition: Florida Voters Against Extremism is leading the campaign in opposition to the initiative.[5]
Maryland Right to Reproductive Freedom Amendment
- Measure summary: The measure would amend the Declaration of Rights in the Maryland Constitution to add a new section that guarantees a right to reproductive freedom, including the ability to prevent, continue, or end one's own pregnancy. The ballot measure is designed to prohibit the constitutional right from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means.
- Current law: Currently, abortion is legal in Maryland until viability. Abortion is legal after viability if the woman's life or health is endangered or there is a fetal anomaly.[6]
- Support: Freedom in Reproduction Maryland led the campaign in support of the amendment.[7]
- Opposition: Health Not Harm MD led the campaign in opposition to the amendment.[7]
Missouri Right to Reproductive Freedom Initiative
- Measure summary: The measure would amend the Missouri Constitution to provide the right for reproductive freedom, which is defined as "the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions." The amendment also provides that the state legislature may enact laws that regulate abortion after fetal viability, which is defined in the initiative as "in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures."
- Current law: In Missouri, abortion is banned with certain exceptions, which include saving the life or preventing a serious risk to the health of the pregnant woman. This law went into effect on June 24, 2022, following the U.S. Supreme Court Dobbs v. Jackson Women’s Health Organization decision. Missouri law includes a requirement that patients must undergo a mandatory 72-hour waiting period and receive counseling prior to an abortion. State Medicaid coverage and private health insurance are banned except in very limited circumstances. Missouri law also requires that a minor seeking an abortion must receive parental consent.
- Support: Missourians for Constitutional Freedom is leading the campaign in support of this initiative.
- Opposition: Missouri Stands With Women is leading the campaign opposing the initiative.
Montana CI-128, Right to Abortion Initiative
- Measure summary: Amend the Montana Constitution to provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion," and allow the state to regulate abortion after fetal viability, except when "medically indicated to protect the life or health of the pregnant patient."
- Current law: Abortion in Montana is currently legal until fetal viability (estimated to be around 24 weeks).
- Support: Montanans Securing Reproductive Rights is leading the campaign in support of the initiative.
- Opposition: Defend Life and Montana Life Defense Fund are the campaigns registered to oppose the initiative.
Nebraska Prohibit Abortions After the First Trimester Amendment
- Measure summary: Amend the state constitution to prohibit abortions after the first trimester unless necessitated by a medical emergency or the pregnancy is a result of sexual assault or incest.
- Current law: Abortion is illegal after 12 weeks post-fertilization
- Support: Protect Women and Children was sponsoring the campaign in support of the amendment.
- Oppose: Ballotpedia did not identify a campaign opposing the initiative.
Nebraska Right to Abortion Initiative
- Measure summary: Amend Article I of the Nebraska Constitution to add a new section providing a right to abortion until fetal viability, which is defined as "the point in pregnancy when, in the professional judgment of the patient's treating health care practitioner, there is a significant likelihood of the fetus' sustained survival outside of the uterus without the application of extraordinary medical measures."
- Current law: Abortion is illegal after 12 weeks post-fertilization
- Support: Protect Our Rights led the campaign in support of the initiative.
- Oppose: Ballotpedia did not identify a campaign opposing the initiative.
Nevada Right to Abortion Initiative
- Measure summary: This measure would provide for a state constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to "protect the life or health of the pregnant patient."
- Current law: In Nevada, abortion is currently legal until 24 weeks of pregnancy
- Support: The Nevadans for Reproductive Freedom PAC led the campaign in support of the initiative.
- Oppose: The Coalition for Parents and Children PAC led the campaign opposing the initiative.
New York Equal Protection of Law Amendment
- Measure summary: This measure would amend the Equal Protection Clause in the New York Constitution to prohibit the denial of rights to an individual based on their "ethnicity, national origin, age, [and] disability," as well as their "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."
- Current law: New York allows for an abortion up to 24 weeks of pregnancy. Abortion is permitted after 24 weeks if the fetus is not viable or if the pregnant person's life or health (including mental health) is at risk.[8]
- Support: New Yorkers for Equal Rights is leading the campaign in support of the initiative.[9]
- Oppose: The Coalition to Protect Kids-NY is leading the campaign in opposition to the initiative.[10]
South Dakota Constitutional Amendment G
- Measure summary: Constitutional Amendment G would provide a trimester framework for regulating abortion in the South Dakota Constitution. During the first trimester of pregnancy, the state would be prohibited from regulating a woman's decision to have an abortion. During the second trimester of pregnancy, the state may regulate abortion, but "only in ways that are reasonably related to the physical health of the pregnant woman." And during the third trimester of pregnancy, the state may regulate or prohibit abortion, except "when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life and health of the pregnant woman."
- Current law: In South Dakota, abortion is banned except to save the life of the mother. Following the U.S. Supreme Court’s 2022 decision, a 2005 law passed by the South Dakota State Legislature went into effect.
- Support: Dakotans for Health is leading the campaign in support of the initiative.[11]
- Opposition: Life Defense Fund is leading the campaign opposing the initiative.[12]
Measures not on the ballot
The following is a list of abortion-related measures that were proposed for 2024 but did not make the ballot.
- Arkansas Right to Abortion Initiative (2024)
- Colorado Abortion Ban Initiative (2024)
- Florida Right to Life of Preborn Individual Initiative (2024)
- Florida Right to Reproductive Freedom Initiative (2024)
- Hawaii Right to Reproductive Freedom Amendment (2024)
- Iowa No State Constitutional Right to Abortion Amendment (2024)
- Maine Right to Personal Reproductive Autonomy Amendment (2024)
- Minnesota Equal Under the Law Amendment (2024)
- Missouri Regulations Regarding Abortion Amendment (2024)
- Nebraska Establish Personhood of Preborn Children Amendment (2024)
- Nebraska Prohibit Abortion Procedures and Drugs Initiative (2024)
- Pennsylvania No State Constitutional Right to Abortion Amendment (2024)
- Wisconsin 14-Week Abortion Ban Measure (2024)
The following table summarizes the political context surrounding abortion-related ballot measures, including whether the state's presidential voting history in the preceding three elections was Democratic, mixed, or Republican.
Between 2010 and 2020, all 13 ballot measures were pro-life. From 2021 to 2024, there were three pro-life and four pro-choice/reproductive rights measures.
For pro-choice/reproductive rights measures:
- Four passed, none were defeated.
- Two passed in states that voted Democratic in the last three presidential elections, and two in states with mixed voting history.
For pro-life measures:
- Six passed, 10 were defeated.
- All six passed in states that voted Republican in the last three presidential elections.
- Out of the 10 defeated measures, five were in states voting Republican, two in states voting Democratic, and three in states with mixed voting history.
| Political context surrounding abortion-related ballot measures since 2010 | |||||
|---|---|---|---|---|---|
| State | Measure | Year | Status | Presidential voting history[13] | State partisan control at time of vote |
| Colorado | Initiative 62: Definition of Person Amendment | 2010 | |
Mixed (Bush-Bush-Obama) | Democratic |
| Alaska | Measure 2: Parental Notification of Abortion Initiative | 2011 | |
Republican (Bush-Bush-McCain) | Divided |
| Mississippi | Initiative 26: Definition of Person Amendment | 2011 | |
Republican (Bush-Bush-McCain) | Divided |
| Montana | LR-120: Parental Notification of Abortion Measure | 2012 | |
Republican (Bush-McCain-Romney) | Divided |
| Florida | Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment | 2012 | |
Mixed (Bush-Obama-Obama) | Republican |
| Tennessee | Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 2014 | |
Republican (Bush-McCain-Romney) | Republican |
| North Dakota | Measure 1: Right to Life of Humans at Any Stage of Development Amendment | 2014 | |
Republican (Bush-McCain-Romney) | Republican |
| Colorado | Amendment 67: Definition of Person Initiative | 2014 | |
Mixed (Bush-Obama-Obama) | Democratic |
| West Virginia | Amendment 1: No Right to Abortion in Constitution Measure | 2018 | |
Republican (McCain-Romney-Trump) | Republican |
| Oregon | Measure 106: Ban Public Funds for Abortions Initiative | 2018 | |
Democratic (Obama-Obama-Clinton) | Democratic |
| Alabama | Amendment 2: State Abortion Policy Amendment | 2018 | |
Republican (McCain-Romney-Trump) | Republican |
| Louisiana | Amendment 1: No Right to Abortion in Constitution Amendment | 2020 | |
Republican (Romney-Trump-Trump) | Divided |
| Colorado | Proposition 115: 22-Week Abortion Ban Initiative | 2020 | |
Democratic (Obama-Clinton-Biden) | Democratic |
| Vermont | Proposal 5: Right to Personal Reproductive Autonomy Amendment | 2022 | |
Democratic (Obama-Clinton-Biden) | Divided |
| Montana | LR-131: Medical Care Requirements for Born-Alive Infants Measure | 2022 | |
Republican (Romney-Trump-Trump) | Republican |
| Michigan | Right to Reproductive Freedom Initiative | 2022 | |
Mixed (Obama-Trump-Biden) | Divided |
| Kentucky | No Right to Abortion in Constitution Amendment | 2022 | |
Republican (Romney-Trump-Trump) | Divided |
| Kansas | No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 2022 | |
Republican (Romney-Trump-Trump) | Divided |
| California | Proposition 1: Right to Reproductive Freedom Amendment | 2022 | |
Democratic (Obama-Clinton-Biden) | Democratic |
| Ohio | Right to Make Reproductive Decisions Including Abortion Initiative | 2023 | |
Mixed (Obama-Trump-Trump) | Republican |
Abortion ballot measure elections 2022-2023
Below are the election results from abortion-related ballot measures in 2022 and 2023. Election results from statewide candidates are also below.
Ohio Issue 1 (2023)
- Measure summary: Issue 1 established a state constitutional right to "make and carry out one’s own reproductive decisions," including decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy. The constitutional amendment would allow the state to restrict abortion after fetal viability, defined as "the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures," unless an abortion "is necessary to protect the pregnant patient’s life or health."
- Election results:
- 56.78% voted yes for the measure.
- 43.22% voted no for the measure.
- 56.78% voted yes for the measure.
California Proposition 1 (2022)
- Measure summary: The measure amended the state constitution to prohibit the state from interfering with or denying an individual's reproductive freedom, which is defined to include a right to an abortion and a right to contraceptives.
- Election results:
- 2,227,384 (66.88%) voted yes the measure.
- 1,695,480 (33.12%) voted no the measure.
- 2,227,384 (66.88%) voted yes the measure.
- Results of other statewide candidates on Nov. 8, 2022:
-
- Gavin Newsom (D): 6,470,104 (59.2%) votes
- Brian Dahle (R): 4,462,914 (40.8%) votes
- Gavin Newsom (D): 6,470,104 (59.2%) votes
- Alex Padilla (D): 6,621,621 (61.1%) votes
- Mark Meuser (R): 4,222,029 (38.9%) votes
- Alex Padilla (D): 6,621,621 (61.1%) votes
Kansas No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment (August 2022)
- Measure summary: The measure would have amended the Kansas Constitution to provide that nothing in the state constitution creates a right to abortion or requires government funding for abortion and that the state legislature has the authority to pass laws regarding abortion, "including, but not limited to, laws that account for circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother."
- Election results:
- 378,466 (41.03%) voted yes the measure.
- 543,855 (58.97%) voted no the measure.
Kentucky Constitutional Amendment 2 (2022)
- Measure summary: Constitutional Amendment 2 would have amended the Bill of Rights of the Kentucky Constitution to state that nothing in the state constitution protects or secures a right to abortion or requires the funding of abortion.
- Election results:
- 675,634 (47.65%) voted yes the measure.
- 742,232 (52.35%) voted no the measure.
- Results of other statewide candidates on Nov. 8, 2022:
-
- Rand Paul (R): 913,326 (61.8%) votes
- Charles Booker (D): 564,311 (38.2%) votes
- Rand Paul (R): 913,326 (61.8%) votes
Michigan Proposal 3 (2022)
- Measure summary: The amendment provides the state constitutional right to reproductive freedom, which is defined as "the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."
- Election results:
- 2,482,382 (56.66%) voted yes the measure.
- 1,898,906 (43.34%) voted no the measure.
- 2,482,382 (56.66%) voted yes the measure.
- Results of other statewide candidates on Nov. 8, 2022:
-
- Gretchen Whitmer (D): 2,430,505 (54.5%) votes
- Tudor Dixon (R): 1,960,635 (43.9%) votes
- Gretchen Whitmer (D): 2,430,505 (54.5%) votes
Montana LR-131 (2022)
- Measure summary: The measure would have required medical care to be provided to infants born alive by classifying a born-alive infant as "a legal person for all purposes under the laws of the state ... entitled to the protections of the laws, including the right to appropriate and reasonable medical care and treatment." The law would have required infants born alive after an induced labor, a cesarean section, an attempted abortion, or another method to receive medical care. Under the law, a healthcare provider who "purposely, knowingly, or negligently violates" this requirement by not providing care would have been convicted of a felony with a maximum sentence of a $50,000 fine and/or 20 years in prison. Healthcare providers aware of violations of the proposed law would have been required to report violations to law enforcement.
- Election results:
- 213,001 (47.45%) voted yes the measure.
- 235,904 (52.55%) voted no the measure.
Vermont
- Measure summary: Proposal 5 added language to the Vermont Constitution stating that "an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course." The ballot measure was designed to prohibit the constitutional right from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means.
- Election results:
- 212,323 (76.77%) voted yes the measure.
- 64,239 (23.23%) voted no the measure.
- 212,323 (76.77%) voted yes the measure.
List of state ballot measure election results by year (1970-2023)
The following table provides a list of abortion-related ballot measures from 1970 to 2024:
See also
- 2024 ballot measures
- Abortion policy ballot measures
- History of abortion ballot measures
- Abortion regulations by state
Footnotes
- ↑ Colorado Secretary of State, "Initiative 89 full text," accessed April 19, 2024
- ↑ The Hill, "Abortion initiative clears signature threshold to get on Colorado ballot," accessed April 19, 2024
- ↑ Florida Supreme Court, "No. SC2022-1050," accessed April 1, 2024
- ↑ Floridians Protecting Freedom, "Home," accessed May 17, 2023
- ↑ Florida Voice for the Unborn, "Home," accessed December 21, 2023
- ↑ Maryland State Legislature, "Health & Gen. §§20-207," accessed April 10, 2023
- ↑ 7.0 7.1 Baltimore Sun, "Proponents of Maryland’s 2024 ballot question on abortion aim to match success of earlier era," December 26, 2023
- ↑ New York State Attorney General, "Abortion is legal and protected in the state of New York," accessed January 12, 2023
- ↑ Spectrum News, "How Democrats, advocates are mobilizing for Equal Rights Amendment in New York" June 29, 2023
- ↑ Protect Kids NY, "Homepage" accessed April 15, 2024
- ↑ Dakotans for Health, "Homepage," accessed April 27, 2023
- ↑ Life Defense Fund, "Homepage," accessed Oct 30, 2023
- ↑ Prior three elections before and/or including the election at which measure was voted on
- ↑ Note: Florida Amendment 4 needed to receive a 60% vote to be approved.
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