Colorado Amendment 79, Right to Abortion and Health Insurance Coverage Initiative (2024)

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Colorado Amendment 79
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Election date
November 5, 2024
Topic
Abortion
Status
Approveda Approved
Type
Constitutional amendment		Origin
Citizens

Colorado Amendment 79, the Right to Abortion and Health Insurance Coverage Initiative, was on the ballot in Colorado as an initiated constitutional amendment on November 5, 2024. It was approved.

A "yes" vote supported creating a right to abortion in the state constitution and allowing the use of public funds for abortion.

A "no" vote opposed creating a right to abortion in the state constitution and opposes repealing a constitutional provision that bans the use of public funds for abortion. 


Election results

See also: Results for abortion-related ballot measures, 2024

Amendment 79 needed to receive a 55% vote to be approved.

Colorado Amendment 79

Result Votes Percentage

Approved Yes

1,921,593 61.97%
No 1,179,261 38.03%
Results are officially certified.
Source


Overview

What did Amendment 79 do?

See also: Text of measure

This initiative provided a right to abortion in the state constitution. The initiative prohibited the state or local governments from denying or impeding the right to an abortion. The amendment allowed abortion to be a covered service under health insurance plans. The initiative repealed Section 50 of Article V of the Colorado Constitution, adopted in 1984, which prohibited the use of public funds for abortion.[1][2]

What was the status of abortion in Colorado going into the election?

See also: Abortion ballot measures in Colorado

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.[3]

What states have decided on abortion ballot measures in 2022 and 2023?

See also: History of abortion ballot measures

In June 2022, the U.S. Supreme Court ruled in Dobbs. v. Jackson Women's Health Organization that there is no federal constitutional right to abortion and overturned Roe. v. Wade, placing many abortion policy decisions with the states. From 2022 to 2023, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, and California in 2022, and Ohio in 2023— were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana— were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated.

What states voted on abortion ballot measures in 2024?

See also: 2023 and 2024 abortion-related 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 Approveda
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 Approveda
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 Defeatedd
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" Approveda
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 Approveda
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" Approveda
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" Approveda
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" Defeatedd
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." Approveda
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. Approveda
South Dakota Nov. 5, 2024 Constitutional Amendment G • Provide a trimester framework for regulating abortion in the South Dakota Constitution Defeatedd

Text of measure

Ballot title

The ballot title for the initiative was as follows:

“ Shall there be a change to the Colorado constitution recognizing the right to abortion, and, in connection therewith, prohibiting the state and local governments from denying, impeding, or discriminating against the exercise of that right, allowing abortion to be a covered service under health insurance plans for Colorado state and local government employees and for enrollees in state and local governmental insurance programs?[4] ”

Constitutional changes

See also: Article II, Colorado Constitution

The measure added Section 32 to Article II of the Colorado Constitution and repealed Section 50 of Article V of the Colorado Constitution. The following struck-through text was deleted and underlined text was added. [2]

Section 32. Abortion.

The right to abortion is hereby recognized. Government shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion.

...


Section 50. Public Funding of Abortion Forbidden.

No public funds shall be used by the State of Colorado, its agencies or political subdivisions to pay or otherwise reimburse, either directly or indirectly, any person, agency or facility for the performance of any induced abortion, PROVIDED HOWEVER, that the General Assembly, by specific bill, may authorize and appropriate funds to be used for those medical services necessary to prevent the death of either a pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life of each. [4]

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 32, and the FRE is -18. The word count for the ballot title is 63.


Support

CPRF.jpg

Coloradans for Protecting Reproductive Freedom led the campaign in support of the initiative. The committee provided a full list of supporters, which is available here.

Supporters

Officials

Political Parties

Organizations

  • ACLU of Colorado
  • American College of Obstetricians and Gynecologists
  • Catholics for Choice
  • Colorado Cobalt Advocates
  • Colorado Immigrant Rights Coalition
  • Colorado Nurses Association
  • Colorado Organization for Latina Opportunity and Reproductive Rights
  • League of Women Voters of Colorado
  • New Era Colorado
  • Progress Now Colorado
  • The Interfaith Alliance of Colorado
  • Young Invincibles


Arguments

  • Coloradans for Protecting Reproductive Freedom: "People enrolled in state health insurance plans – teachers, firefighters, and other state employees – should have access to abortion coverage. Coloradans should have the freedom to decide for themselves whether to have an abortion, without interference by politicians. Coloradans deserve the freedom to make personal, private healthcare decisions – and that right shouldn’t depend on the source of their health insurance or who is in office. A right without access is a right in name only."
  • Karen Middleton, President of Cobalt and Co-Chair of Coloradans for Protecting Reproductive Freedom: "In this time of uncertainty, we need to secure abortion rights and access in the Colorado Constitution, beyond the reach of politics and politicians. This initiative will secure that right for present and future generations. A right isn’t a right if you can’t exercise it because you can’t afford it. We have to ensure that insurance coverage for every Coloradan, whether the source of it is public or private, includes abortion care. Colorado voters have made it clear over and over again that they support abortion rights, and we are confident they will again in November."


Opposition

Pro-Life Colorado Fund, Coloradans for the Protection of Women and Children, and Vote No on 79 registered to oppose the initiative.

Opponents

Officials

Candidates

Political Parties

Organizations

  • Colorado Catholic Conference
  • Colorado Right to Life
  • El Paso County Young Republicans
  • Independence Institute
  • March for Life
  • Priests for Life
  • Truth and Liberty Coalition


Arguments

  • Brittany Vessely, board member of Pro-Life Colorado: "The only provision keeping Colorado from being the number one destination for unrestricted abortion in the United States is the 1984 Colorado constitutional prohibition against the use of public funding for abortion. This is what the 2024 #89 ‘Right to Abortion’ initiative is about: codifying a ‘right to abortion’ in the Constitution and removing the prohibition against taxpayer dollars subsidizing abortion. Coloradans must say ‘no to abortion’ on April 12 and at the ballot – and spread the truth about life!"
  • Jeanne F. Mancini, President of March for Life Education and Defense: "Tragically, abortion is legal through all three trimesters in Colorado. We need every pro-life Coloradan to stand up for the unborn and advocate for life-affirming policies that support both mom and baby, born and unborn. We will march boldly in Colorado to shine a light on the vital resources community-based Pregnancy Resource Centers provide to women and families in need; and use our collective voice to push back against the looming threats facing both mom and baby in Colorado this November."
  • Coloradans for the Protection of Women and Children: "Extreme pro-abortion groups are working overtime to enshrine the 'right' to abortion in our state constitution. If successful, you will be forced to pay for abortions and we will lose our right to protect women and children from the predatory nature of the abortion industry. The “right” to abortion will exist through all nine months of pregnancy, attracting third-trimester abortionists to our state, and babies will lose their lives to excruciating procedures like partial-birth abortion."
  • Right to Know CO: "It goes far beyond what Roe v. Wade authorized, banning any reasonable limits. Colorado already has some of the strongest protections for abortion rights of any state in the nation by allowing legal protection for all nine months of pregnancy."


Media editorials

See also: 2024 ballot measure media endorsements

Support

  • The Denver Post Editorial Board: "Only 1% of abortions are performed after 21 weeks of gestation according to the Kaiser Family Foundation, and there’s no data to show how many of those are performed absent a fetal anomaly or concerns for the mother’s health. Doctors do talk about a small number of abortions later in pregnancy in instances of rape, incest, and sex trafficking. We know that the No. 1 way to prevent abortions from being needed in the second trimester is to make access to care faster. Fewer Colorado women will need to find a clinic at 12 weeks gestation if their own OBGYN can treat them using Medicaid dollars at nine weeks gestation. Coloradans have a chance to undo years of harmful public policy and make abortions a part of regular health care."


Opposition

  • Colorado Springs Gazette and Denver Gazette Editorial Board: "The amendment embeds the unfettered right to an abortion in the state constitution for no apparent reason — other than to require taxpayers to fund the procedure. Colorado is one of the easiest places in the country to get an abortion. And especially in the wake of the Reproductive Health Equity Act, adopted just two years ago by the state’s overwhelmingly Democratic Legislature and signed into law by Democratic Gov. Jared Polis, there’s practically no chance that access to abortion services in this state will be curtailed by policymakers in the foreseeable future. Regardless of your views on abortion, the deluge of dollars flooding in from out of state in support of the 79 campaign gives reason enough to vote NO."


Campaign finance

See also: Campaign finance requirements for Colorado ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 5, 2024.


Coloradans for Protecting Reproductive Freedom registered to support the measure.[5]

Pro-Life Colorado Fund (also known as Right to Know CO), Coloradans for the Protection of Women and Children, and Vote No on 79 registered to oppose the initiative.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $8,064,718.91 $1,715,098.76 $9,779,817.67 $7,823,462.90 $9,538,561.66
Oppose $550,635.68 $16,259.61 $566,895.29 $471,075.84 $487,335.45
Total $8,615,354.59 $1,731,358.37 $10,346,712.96 $8,294,538.74 $10,025,897.11

Support

The following table includes contribution and expenditure totals for the committee in support of the measure.[6]

Committees in support of Amendment 79
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Coloradans for Protecting Reproductive Freedom $8,064,718.91 $1,715,098.76 $9,779,817.67 $7,823,462.90 $9,538,561.66
Total $8,064,718.91 $1,715,098.76 $9,779,817.67 $7,823,462.90 $9,538,561.66

Donors

The following were the top donors to the support committee.[6]

Donor Cash Contributions In-Kind Contributions Total Contributions
Cobalt Advocates $1,105,235.00 $1,436,648.23 $2,541,883.23
Open Society Policy Center $1,000,000.00 $0.00 $1,000,000.00
Michael Bloomberg $750,000.00 $0.00 $750,000.00
Cobalt Foundation $585,000.00 $0.00 $585,000.00
Institute for Responsive Government Action, Inc. $510,000.00 $0.00 $510,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the measure.[6]

Committees in opposition to Amendment 79
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Pro-Life Colorado Fund $383,772.00 $0.00 $383,772.00 $349,369.56 $349,369.56
Vote No on 79 $87,228.63 $6,259.61 $93,488.24 $51,118.53 $57,378.14
Coloradans for the Protection of Women and Children $79,635.05 $10,000.00 $89,635.05 $70,587.75 $80,587.75
Total $550,635.68 $16,259.61 $566,895.29 $471,075.84 $487,335.45

Donors

The following were the top donors to the opposition committees.[6]

Donor Cash Contributions In-Kind Contributions Total Contributions
Archdiocese of Denver $225,000.00 $0.00 $225,000.00
Andrew Wommack Ministries $30,000.00 $0.00 $30,000.00
Truth & Liberty Coalition $20,000.00 $0.00 $20,000.00
Colorado for Life $12,000.00 $0.00 $12,000.00
Colorado Right to Life Committee $0.00 $3,993.61 $3,993.61

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Abortion ballot measures in Colorado

Coloradans have voted on nine measures relating to abortion between 1984 and 2020.

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 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 rejected 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.


Year Measure Measure summary Yes votes % No votes % Outcome
2020 Proposition 115, 22-Week Abortion Ban Prohibit abortions in Colorado after a fetus reaches 22-weeks gestational age 41.01% 58.99% Defeatedd
2014 Amendment 67, Definition of Person Include unborn human beings under the definition of person and child in the Colorado criminal code and the Colorado Wrongful Death Act 35.13% 64.87% Defeatedd
2010 Initiative 62, Definition of Person Define "person" to include unborn human beings from the beginning of biological development 29.57% 70.53% Defeatedd
2008 Initiative 48, Defiition of Person Define person to include any human being from the moment of fertilization 26.79% 73.21% Defeatedd
2000 Initiative 25, Requirements for Consenting to Abortion Define necessary conditions for a patient to give voluntary, informed consent prior to an abortion; require patients to be given specific information from a physician at least 24 hours in advance of an abortion except in cases of emergency 39.44% 60.56% Defeatedd
1998 Initiative 12, Parental Notification for Abortions Performed on Minors Require that parents of unemancipated minors be informed if the minor seeks an abortion; create mandatory 48 hour waiting period after the parental notification before the abortion could be performed 54.87% 45.13% Approveda
1998 Initiative 11, Partial-Birth Abortion Ban Ban partial-birth abortions and establish criminal penalties for performing them[7] 48.52% 51.48% Defeatedd
1988 Initiative 7, Repeal Ban on Public Funding for Abortion Repeal the 1984 measure that prohibited use of public funds for abortion 39.76% 60.24% Defeatedd
1984 Amendment 3, Ban on Public Funding of Abortion Prohibits use of public funds for abortion; allows legislature to appropriate funds for abortion to prevent the death of the mother 50.39% 49.61% Approveda

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.[8]

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."[9]

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.[9]

Abortion regulations by state

See also: Abortion regulations by state

As of September 4, 2025, 41 states restricted abortions after a certain point in pregnancy.[10] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

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

The maps 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.[11]
  2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[12][13]
  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."[14]
  4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[12]
  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.[15]
  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.[15]

Abortion restriction threshold maps

Expand All
Fetal viability
Conception
Fixed-week and trimester cutoffs


Abortion restrictions by state

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 Fetal viability[16][17]
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[18] Yes Conception
Illinois Yes Fetal viability
Indiana Yes Conception
Iowa Yes Six 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 Fetal viability[19][20]
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 Fetal viability[21]
Ohio Yes 20 weeks post-fertilization[22]
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 August 16, 2024; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed August 16, 2024; The Fuller Project, "How major abortion laws compare, state by state," accessed August 16, 2024

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
Arizona 2024 Proposition 139, Right to Abortion Initiative 61.61% 38.39%
Approveda
Colorado 2024 Right to Abortion and Health Insurance Coverage Initiative 61.97% 38.03%
Approveda
Florida 2024 Amendment 4, Right to Abortion Initiative[23] 57.17% 42.83%
Defeatedd
Maryland 2024 Maryland Question 1, Right to Reproductive Freedom Amendment 76.06% 23.94%
Approveda
Missouri 2024 Missouri Amendment 3, Right to Reproductive Freedom Initiative 51.60% 48.40%
Approveda
Montana 2024 CI-128, Right to Abortion Initiative 57.76% 42.24%
Approveda
Nebraska 2024 Nebraska Initiative 439, Right to Abortion Amendment 49.01% 50.99%
Defeatedd
Nevada 2024 Nevada Question 6, Right to Abortion Initiative 64.36% 35.64%
Approveda
New York 2024 New York Proposal 1, Equal Protection of Law Amendment 62.47% 37.53%
Approveda
South Dakota 2024 Constitutional Amendment G, Right to Abortion Initiative 41.41% 58.59%
Defeatedd
Ohio 2023 Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative 56.78% 43.22%
Approveda
California 2022 Proposition 1: Right to Reproductive Freedom Amendment 66.88% 33.12%
Approveda
Michigan 2022 Proposal 3: Right to Reproductive Freedom Initiative 56.66% 43.34%
Approveda
Vermont 2022 Proposal 5: Right to Personal Reproductive Autonomy Amendment 76.77% 23.23%
Approveda


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


Path to the ballot

See also: Laws governing the initiative process in Colorado

The state process

In Colorado, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. For initiated constitutional amendments, signature gathering must be distributed to include signatures equal to 2 percent of the registered voters who live in each of the state's 35 senate districts.

State law provides that petitioners have six months to collect signatures after the ballot language and title are finalized. State statutes require a completed signature petition to be filed three months and three weeks before the election at which the measure would appear on the ballot. The Constitution, however, states that the petition must be filed three months before the election at which the measure would appear. The secretary of state generally lists a date that is three months before the election as the filing deadline.

Constitutional amendments in Colorado require a 55% supermajority vote to be ratified and added to the state constitution. This requirement was added by Amendment 71 of 2016.

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

The secretary of state is responsible for signature verification. Verification is conducted through a review of petitions regarding correct form and then a 5 percent random sampling verification. If the sampling projects between 90 percent and 110 percent of required valid signatures, a full check of all signatures is required. If the sampling projects more than 110 percent of the required signatures, the initiative is certified. If less than 90 percent, the initiative fails.

Details about this initiative

  • The initiative was filed by Dusti Gurule and Dani Newsum.[1]
  • The signature drive for the initiative was launched on January 22, 2024, with signatures due by April 26, 2024.[1][24]
  • Signatures were submitted for the initiative on April 18, 2024. Proponents reported gathering over 225,000 signatures.[25]
  • On May 17, 2024, the Colorado Secretary of State announced that the initiative qualified for the ballot. Proponents submitted 225,688 total signatures, of which, 159,930 were found to be valid.[26]

Signature gathering cost

See also: Ballot measures cost per required signatures analysis

Sponsors of the measure hired Fieldworks LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $2,991,718.21 was spent to collect the 124,238 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $24.08.


How to cast a vote

See also: Voting in Colorado

See below to learn more about current voter registration rules, identification requirements, and poll times in Colorado.

How to vote in Colorado


See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 Colorado Secretary of State, "Initiative Filings," accessed April 21, 2023
  2. ↑ 2.0 2.1 Colorado Secretary of State, "Initiative 89 full text," accessed April 19, 2024
  3. ↑ The Hill, "Abortion initiative clears signature threshold to get on Colorado ballot," accessed April 19, 2024
  4. ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. ↑ Colorado TRACER, "COLORADANS FOR PROTECTING REPRODUCTIVE FREEDOM," accessed April 22, 2024
  6. ↑ 6.0 6.1 6.2 6.3 Cite error: Invalid <ref> tag; no text was provided for refs named finance
  7. ↑ Partial-birth abortion would have been defined as those abortions performed by someone who, "deliberately and intentionally causes to be delivered into the vagina a living human fetus or any substantive portion thereof for the purpose of performing any procedure the person knows will kill the fetus and kills the fetus before completing delivery."
  8. ↑ SCOTUSblog, "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade," May 17, 2021
  9. ↑ 9.0 9.1 Cornell University Law School, "Roe v. Wade," accessed April 27, 2017
  10. ↑ Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
  11. ↑ The Fuller Project, "How major abortion laws compare, state by state," accessed December 4, 2022
  12. ↑ 12.0 12.1 Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
  13. ↑ Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
  14. ↑ Supreme Court of the United States, Roe v. Wade, January 22, 1973
  15. ↑ 15.0 15.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
  16. ↑ Voters approved Proposition 139 on November 5, 2024, amending the state constitution to provide for the fundamental right to abortion, among other provisions. The amendment was set to go into effect once Gov. Katie Hobbs (D) certified the election results following the November 25, 2024, canvass deadline.
  17. ↑ Axios, "When Arizona's new abortion measure will take effect," November 7, 2024
  18. ↑ In a 6-3 decision in Moyle v. United States (consolidated with Idaho v. United States), the U.S. Supreme Court on June 27, 2024, reinstated a U.S. District Court for the District of Idaho ruling that temporarily blocked the state of Idaho from enforcing the part of a 2022 law that barred abortion in case of certain medical emergencies.
  19. ↑ Voters approved Amendment 3, which provided for a right to abortion in the state constitution. The amendment was set to take effect 30 days after the election.
  20. ↑ Missouri Independent, "Missouri voters approve Amendment 3, overturn state’s abortion ban," November 5, 2024
  21. ↑ On September 12, 2024, a state judge ruled against North Dakota's abortion ban. The state appealed the ruling, and litigation is ongoing.
  22. ↑ Ohio voters approved Issue 1 in 2023, allowing the state to restrict abortion only after fetal viability. However, the state's previous restrictions on abortion—such as SB 127, which banned abortion at 20 weeks post-fertilization—remained on the books. As of August 2024, courts had not weighed in on the interaction between Issue 1 and the older laws.
  23. ↑ Note: Florida Amendment 4 needed to receive a 60% vote to be approved.
  24. ↑ NBC News, "Colorado abortion rights groups formally launch 2024 ballot measure effort," accessed January 22, 2024
  25. ↑ Yahoo, "Colorado abortion access amendment has enough signatures to make 2024 election ballot, organizers say," accessed April 19, 2024
  26. ↑ Colorado Secretary of State, "Proposed Initiative #89 Qualifies for General Election Ballot," accessed May 18, 2024
  27. ↑ Colorado Secretary of State, "Mail-in Ballots FAQs," accessed August 6, 2025
  28. ↑ LexisNexis, "Colorado Revised Statutes, § 1-7-101," accessed August 6, 2025
  29. ↑ 29.0 29.1 Colorado Secretary of State, "Voter Registration FAQs," accessed August 6, 2025
  30. ↑ 30.0 30.1 Colorado Secretary of State, "Colorado Voter Registration Form," accessed August 6, 2025
  31. ↑ Colorado Secretary of State, "Go Vote Colorado," accessed August 6, 2025
  32. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  33. ↑ Colorado Secretary of State, "Acceptable Forms of Identification," accessed August 6, 2025
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