Arizona Right to Abortion Initiative (2024)

Arizona Right to Abortion Initiative
Election date November 5, 2024
Topic Abortion
Status Cleared for signature gathering
Type Constitutional amendment	Origin Citizens

The Arizona Right to Abortion Initiative may appear on the ballot in Arizona as an initiated constitutional amendment on November 5, 2024.

This ballot initiative would establish the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability (defined 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) unless justified by a compelling state interest (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).

Additional information on abortion-related ballot measures

As of June 11, 2024, four statewide ballot measures related to abortion were certified for the ballot in 2024.

• You can find a list of 2024's certified and proposed measures here: 2023 and 2024 abortion-related ballot measures.

• Information on abortion-related ballot measures since 1970 is available here: History of abortion ballot measures.

Overview

What would this amendment do?

See also: Constitutional changes

This measure would 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.

What is the status of abortion in Arizona?

See also: Status of abortion in Arizona

As of April 9, abortion is legal for up to 15 weeks of pregnancy in Arizona. On April 9, 2024, the Arizona Supreme Court, in a 4-2 decision, upheld a law enacted in 1864 prohibiting abortion in most circumstances except to save the life of the mother. The law ordered prosecution for "a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life." The Arizona State Legislature never repealed the law, and the Court ruled it became enforceable following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The Arizona Supreme Court stayed enforcement of the abortion ban for 14 days to allow legal challenges to the ruling. On April 24, 2024, the Arizona House of Representatives passed House Bill 2677 by 32-29, which would repeal the 1864 abortion ban. The Arizona State Senate voted 16-14 to pass the repeal on May 1, 2024. In Arizona, a repeal can only take effect 90 days after the adjournment of the state legislature. On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until August 12, 2024.

How will this amendment qualify for the 2024 ballot?

See also: Path to the ballot

For a citizen-initiated constitutional amendment to qualify for the November 5, 2024, ballot in Arizona, at least 383,923 valid signatures need to be submitted to the secretary of state by July 3, 2024. This is equal to 5 percent of votes cast for governor in the most recent gubernatorial election. If the secretary of state certifies that enough valid signatures were submitted, the initiative is put on the next general election ballot. On April 2, 2024, the Arizona for Abortion Access campaign announced that it collected at least 506,892 petition signatures, and would continue to collect signatures until election day.

Text of measure

Constitutional changes

See also: Arizona Constitution

The ballot measure would add Article 2, Section 8.1 to the Arizona Constitution. The following underlined text would be added and struck-through text would be deleted:

Note: Use your mouse to scroll over the below text to see the full text.

8.1. Fundamental right to abortion; definitions A. Every individual has a fundamental right to abortion, and the state shall not enact, adopt or enforce any law, regulation, policy or practice that does any of the following: 1. Denies, restricts or interferes with that right before fetal viability unless justified by a compelling state interest that is achieved by the least restrictive means. 2. Denies, restricts or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual. 3. Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising the individual’s right to abortion as provided in this section. B. For the purposes of this section: 1. “Compelling state interest” means a law, regulation, policy or practice that meets both of the following: (a) Is enacted or adopted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine. (b) Does not infringe on that individual’s autonomous decision making. 2. “Fetal viability” means the point in pregnancy when, 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. 3. “State” means this state, any agency of this state or any political subdivision of this state.

Support

Arizona for Abortion Access is leading the campaign in support of the initiative.

Supporters

Officials

• Gov. Katie Hobbs (D)
• State Sen. Jacky Rosen (D)
• State Rep. Athena Salman (D)

Organizations

• Indivisible Project
• ACLU of Arizona
• Planned Parenthood Advocates of Arizona

Arguments

• Gov. Katie Hobbs (D): "To the people across Arizona who are concerned about the future of abortion rights in our state, who are worried about their bodily autonomy, who don’t want to see the freedoms of their wives, sisters and daughters restricted, you can make your two cents known at the ballot box, and I encourage you to do so."
• Committee to Protect Healthcare: "As health care professionals across Arizona, we support the Arizona Abortion Access Act, the amendment to restore reproductive freedoms in the state and put families back in charge of medical decisions. This amendment simply restores the rights Arizonans had for the past 50 years, before Roe v. Wade was overturned. That means Arizonans will again have the freedom to make their own decisions about pregnancy and abortion, without politicians interfering."

Opposition

It Goes to Far is leading the campaign opposing the initiative.

Opponents

Organizations

• Susan B. Anthony Pro-Life America

Arguments

• Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America: "Governor Hobbs and her pro-abortion allies will pour millions into deceiving the voters about the upcoming amendment that permits abortion on demand when babies can feel pain and survive outside the womb," she said. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women."
• Cindy Dahlgren, spokeswoman for It Goes Too Far: "Unfortunately, most voters are not told that under this unregulated, unlimited abortion amendment they will lose the required medical doctor, critical and commonsense safety standards for girls and women seeking abortion, and moms and dads will be shut out of their minor daughter’s abortion decision, leaving her to go through the painful and scary process alone. Abortion is legal in Arizona up to 15-weeks and we have common sense safety precautions to protect girls and women. It’s reckless to lose those safety precautions just to expand abortion beyond what most voters support."

Campaign finance

See also: Campaign finance requirements for Arizona ballot measures

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through March 31, 2024. The deadline for the next scheduled reports is July 15, 2024.

The Arizona for Abortion Access PAC is registered to support the ballot measure.

The It Goes Too Far PAC is registered to oppose the ballot measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$10,940,251.12	$1,360,514.83	$12,300,765.95	$8,282,666.64	$9,643,181.47
Oppose	$520,194.06	$3,682.07	$523,876.13	$181,560.52	$185,242.59

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Arizona Right to Abortion Initiative (2024)
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Arizona for Abortion Access	$10,940,251.12	$1,360,514.83	$12,300,765.95	$8,282,666.64	$9,643,181.47
Total	$10,940,251.12	$1,360,514.83	$12,300,765.95	$8,282,666.64	$9,643,181.47

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.

Committees in opposition to Arizona Right to Abortion Initiative (2024)
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
It Goes Too Far	$520,194.06	$3,682.07	$523,876.13	$181,560.52	$185,242.59
Total	$520,194.06	$3,682.07	$523,876.13	$181,560.52	$185,242.59

Polls

See also: 2024 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Arizona Right to Abortion Initiative (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

CBS News/YouGov	5/10/24-5/16/24	1510 LV	± 3.3%	65%	21%	14%
	Question: "In the election were held today, and there was an amendment on the ballot to establish the constitutional right to an abortion in Arizona, would you vote:"

Noble Predictive Insights	5/7/24-5/14/24	1003 RV	± 3.09%	41%	41%	18%
	Question: "In 2024, there may be a ballot measure that establishes the fundamental right to an abortion within the point of fetal viability (between 24 and 28 weeks). Would you support or oppose this measure?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Status of abortion in Arizona

On April 9, 2024, the Arizona Supreme Court upheld an 1864 law in a 4-2 ruling prohibiting abortion in most circumstances except to save the life of the mother. The law, enacted before Arizona was a state, ordered prosecution for "a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life.” The legislature never repealed the law, and the Court ruled it became enforceable following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The Arizona Supreme Court stayed enforcement of the abortion ban for 14 days to allow legal challenges to the ruling.

On April 24, 2024, the Arizona House of Representatives passed House Bill 2677 by 32-29, which would repeal the 1864 abortion ban. Twenty nine (29) Democrats and 3 Republicans voted for the repeal, and 28 Republicans voted against the repeal. The Arizona State Senate voted 16-14 to pass the repeal on May 1, 2024. In Arizona, a repeal can only take effect 90 days after the adjournment of the state legislature. On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until August 12, 2024.

U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

See also: Dobbs v. Jackson Women’s Health Organization

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

Roe v. Wade (1973)

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.

Abortion regulations by state

As of May 31, 2024, 41 states restricted abortions after a certain point in pregnancy. The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

• Fourteen states restrict abortion after conception
• Three states restricts abortion at six weeks post-fertilization
• Two states restrict abortion at 12 weeks post-fertilization
• One state restricts abortion at 15 weeks post-fertilization
• One state restricts abortion at 18 weeks since the last menstrual period
• Four states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
• Four states restrict abortion at 24 weeks since the last menstrual period
• Eleven states restrict abortion at fetal viability
• One state restricts abortion in the third trimester

The map and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.
2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.
3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."
4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.
5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.
6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.

State abortion restrictions based on stage of pregnancy
State	Does the state restrict abortion after a specific point in pregnancy?	Threshold for restriction
Alabama	Yes	Conception
Alaska	No	None
Arizona	Yes	15 weeks since last menstrual period
Arkansas	Yes	Conception
California	Yes	Fetal viability
Colorado	No	None
Connecticut	Yes	Fetal viability
Delaware	Yes	Fetal viability
Florida	Yes	Six weeks post-fertilization
Georgia	Yes	Six weeks post-fertilization
Hawaii	Yes	Fetal viability
Idaho	Yes	Conception
Illinois	Yes	Fetal viability
Indiana	Yes	Conception
Iowa	Yes	20 weeks post-fertilization
Kansas	Yes	20 weeks since last menstrual period
Kentucky	Yes	Conception
Louisiana	Yes	Conception
Maine	Yes	Fetal viability
Maryland	No	None
Massachusetts	Yes	24 weeks post-fertilization
Michigan	No	None
Minnesota	No	None
Mississippi	Yes	Conception
Missouri	Yes	Conception
Montana	Yes	Fetal viability
Nebraska	Yes	12 weeks post-fertilization
Nevada	Yes	24 weeks post-fertilization
New Hampshire	Yes	24 weeks since last menstrual period
New Jersey	No	None
New Mexico	No	None
New York	Yes	Fetal viability
North Carolina	Yes	12 weeks post-fertilization
North Dakota	Yes	Conception
Ohio	Yes	20 weeks post-fertilization
Oklahoma	Yes	Conception
Oregon	No	None
Pennsylvania	Yes	24 weeks since last menstrual period
Rhode Island	Yes	Fetal viability
South Carolina	Yes	Six weeks post-fertilization
South Dakota	Yes	Conception
Tennessee	Yes	Conception
Texas	Yes	Conception
Utah	Yes	18 weeks since last menstrual period
Vermont	No	None
Virginia	Yes	Third trimester since last menstrual period
Washington	Yes	Fetal viability
Washington, D.C.	No	None
West Virginia	Yes	Conception
Wisconsin	Yes	20 weeks post-fertilization
Wyoming	Yes	Fetal viability
Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed November 25, 2022; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed November 25, 2022; The Fuller Project, "How major abortion laws compare, state by state," accessed November 25, 2022

History of abortion ballot measures

See also: History of abortion ballot measures

In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.

From 1970 to November 2022, there were 53 abortion-related ballot measures, and 43 (81%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 10 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved seven (70%) and rejected three (30%).

Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.

The following graph shows the number of abortion-related ballot measures per year since 1970:

State constitutional rights and abortion-related ballot measures

Constitutional rights

The topic constitutional rights addresses ballot measures that establish a state constitutional right to abortion. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.

State	Year	Measure	Yes	No	Outcome
Colorado	2024	Right to Abortion and Health Insurance Coverage Initiative	N/A	N/A	N/A
Florida	2024	Amendment 4, Right to Abortion Initiative	N/A	N/A	N/A
Maryland	2024	Right to Reproductive Freedom Amendment	N/A	N/A	N/A
South Dakota	2024	Constitutional Amendment G, Right to Abortion Initiative	N/A	N/A	N/A
Ohio	2023	Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative	56.78%	43.22%	a
California	2022	Proposition 1: Right to Reproductive Freedom Amendment	66.88%	33.12%	a
Michigan	2022	Proposal 3: Right to Reproductive Freedom Initiative	56.66%	43.34%	a
Vermont	2022	Proposal 5: Right to Personal Reproductive Autonomy Amendment	76.77%	23.23%	a

Constitutional interpretation

The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.

State	Year	Measure	Yes	No	Outcome
Kansas	2022	No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.03%	58.97%	d
Kentucky	2022	No State Constitutional Right to Abortion Amendment	47.65%	52.35%	d
Louisiana	2020	Amendment 1: No Right to Abortion in Constitution Amendment	62.06%	37.94%	a
Alabama	2018	Amendment 2: State Abortion Policy Amendment	59.01%	40.99%	a
West Virginia	2018	Amendment 1: No Right to Abortion in Constitution Measure	51.73%	48.27%	a
Tennessee	2014	Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	52.60%	47.40%	a
Florida	2012	Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment	44.90%	55.10%	d
Massachusetts	1986	Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.83%	58.17%	d

Path to the ballot

Process in Arizona

See also: Laws governing the initiative process in Arizona

In Arizona, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 15 percent of votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months. Signature petitions must be submitted four months prior to the election at which the measure is to appear.

The requirements to get initiated constitutional amendments certified for the 2024 ballot:

• Signatures: 383,923 valid signatures were required.
• Deadline: The deadline to submit signatures is July 3, 2024.

If the secretary of state certifies that enough valid signatures were submitted, the initiative is put on the next general election ballot. The secretary of state verifies the signatures through a random sampling of 5 percent of submitted signatures working in collaboration with county recorders. If the random sampling indicates that valid signatures equal to between 95 percent and 105 percent of the required number were submitted, a full check of all signatures is required. If the random sampling shows fewer signatures, the petition fails. If the random sampling shows more, the initiative is certified for the ballot.

Stages of this ballot initiative

• On September 12, 2023, the Arizona for Abortion Access organization filed this ballot initiative with the secretary of state's office.
• On September 21, 2023, Arizona for Abortion Access announced it was launching its signature drive.
• Arizona for Abortion Access said it gathered 506,892 petition signatures on April 2, 2024.

See also

2024 measures

• 2024 ballot measures
• Abortion on the ballot
• TOPIC 2 on the ballot
• 2024 legislative sessions

Arizona

• Arizona ballot measures
• Arizona ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Arizona Abortion Access Act Amendment (2024)