Nevada Question 6, Right to Abortion Initiative (2026)
Nevada Question 6 | |
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Election date |
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Topic Abortion policy and Constitutional rights |
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Status On the ballot |
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Type Initiated constitutional amendment |
Origin |
Nevada Question 6, the Right to Abortion Initiative, is on the ballot in Nevada as an initiated constitutional amendment on November 3, 2026.[1]
A "yes" vote supports providing 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." |
A "no" vote opposes providing 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." |
In Nevada, initiated constitutional amendments need to be approved in two even-numbered election years, meaning that Question 6 needs to be approved in 2024 and 2026 to amend the Nevada Constitution. As Question 6 was approved in 2024, a second vote will be held on November 3, 2026.
Overview
What would this amendment do regarding abortion in Nevada?
- See also: Text of measure
This amendment would establish a right to abortion in the Nevada Constitution until fetal viability, or "when to protect the life or health of the pregnant patient." The amendment would establish that this right cannot be denied, burdened, or infringed upon unless justified by a compelling state interest, which would be defined as "an interest which is limited exclusively to the state’s interest in protecting, maintaining, or improving the health of an individual who is seeking abortion care that is consistent with accepted clinical standards of practice."
Under Question 6, fetal viability would be defined as the point of pregnancy when "there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures," in the professional judgment of a health practitioner.[1]
What is the status of abortion in Nevada?
- See also: Status of abortion in Nevada
In Nevada, abortion is legal until 24 weeks of pregnancy.[2] In 1990, Nevada voters approved Question 7, which upheld NRS 442.250. It legalized abortion until 24 weeks, and it prohibited the state legislature from amending or repealing the law unless it was placed on the ballot. Voters approved the referendum by 63.47%-36.53%.
On November 5, 2024, Nevada voters passed Question 6 by 64.36%-35.64%. Because initiated constitutional amendments need to be approved in two even-numbered election years in Nevada, Question 6 will need to be passed again by voters for the initiative to go into effect.
Who is behind the campaigns surrounding the amendment?
- See also: Campaign finance
In 2024, when Question 6 was originally on the ballot, The Nevadans for Reproductive Freedom PAC led the campaign in support of the initiative. For the 2024 ballot, the campaign reported $11 million in contributions. The top donors included Advocacy Action Fund, Nevada Alliance, Think Big America, Open Society Action Fund, and Our American Future Action. Advocacy Action Fund was the largest donor, contributing $2 million.[3]
The Coalition for Parents and Children PAC led the campaign opposing the initiative. The campaign did not report any contributions for the 2024 ballot.[3]
What other states have voted on abortion ballot measures?
- See also: History of abortion ballot measures
From 1970 to 2024, there were 65 abortion-related ballot measures. Forty-four (68%) of these had the support of organizations that described themselves as pro-life. Voters approved 12 (27%) and rejected 32 (73%) of these 44 ballot measures. The other 21 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved 15 (71%) and rejected six (29%).
In 2024, when Question 6 was originally on the ballot, 11 total statewide ballot measures related to abortion were certified in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, New York, Nevada, and South Dakota for the general election ballot on November 5 — the most on record for a single year.
Ten of the ballot measures addressed state constitutional rights to abortion. Voters approved seven of them in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada, while three measures were defeated in Florida, Nebraska, and South Dakota. One, in Nebraska, to limit the timeframe for when an abortion can be performed was approved.
Text of measure
Ballot title
The official ballot title is as follows:[4]
“ |
Should the Nevada Constitution be amended to create an individual’s fundamental right to an abortion, without interference by state or local governments, whenever the abortion is performed by a qualified healthcare professional until fetal viability or when necessary to protect the health or life of the pregnant individual at any point during the pregnancy?[5] |
” |
Constitutional changes
- See also: Nevada Constitution
The ballot measure would add Article 1, Section 25 to the Nevada Constitution. The following underlined text would be added and struck-through text would be deleted:[1]
Note: Hover over the text and scroll to see the full text.
Sec. 2. As used in this section: A "compelling state interest" means an interest which is limited exclusively to the state’s interest in protecting, maintaining, or improving the health of an individual who is seeking abortion care that is consistent with accepted clinical standards of practice; and
"Fetal viability" means 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 the uterus without the application of extraordinary medical measures. [5]
Support
Supporters
Officials
- U.S. Sen. Jacky Rosen (D)
Former Officials
- Frmr. Vice Pres. Kamala D. Harris (D)
Organizations
- ACLU of Nevada
- Feminist Majority Foundation
- Human Rights Campaign
- Indivisible Northern Nevada
- NAACP Las Vegas
- Nevada Coalition to End Domestic and Sexual Violence
- Nevada Women's Lobby
- Planned Parenthood Votes Nevada
- Reproductive Freedom for All Nevada
- Think Big America
Arguments
Opposition
Opponents
Organizations
Arguments
Campaign finance
2026
Ballotpedia has not identified any campaigns registered to support or oppose the ballot measure for the 2026 ballot. If you are aware of any committees, please send a link to editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
2024
In 2024, when Question 6 was previously on the ballot, Nevadans for Reproductive Freedom raised $13.2 million in support of the initiative, while the Coalition for Parents and Children was registered in opposition to the initiative and reported no contributions.[6]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $12,767,675.45 | $433,467.06 | $13,201,142.51 | $12,890,003.95 | $13,323,471.01 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $12,767,675.45 | $433,467.06 | $13,201,142.51 | $12,890,003.95 | $13,323,471.01 |
Background
Status of abortion in Nevada
In Nevada, abortion is currently legal until 24 weeks of pregnancy.[2]
In 1990, Nevada voters approved Question 7, which upheld NRS 442.250. It legalized abortion until 24 weeks, and it prohibited the state legislature from amending or repealing the law unless it was placed on the ballot. Voters approved the referendum by 63.47%-36.53%.
U.S. Supreme Court rulings on abortion
Dobbs v. Jackson Women’s Health Organization (2022)
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.[7]
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)
- See also: 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."[8]
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 was needed to preserve the life or health of the mother.[8]
States with constitutional right to an abortion
The map below shows states that have passed ballot measures providing a constitutional right to an abortion:
Abortion regulations by state
As of September 30, 2025, 41 states restricted abortions after a certain point in pregnancy.[9] 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:
- Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.[10]
- Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[11][12]
- 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."[13]
- Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[11]
- 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.[14]
- 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.[14]
Abortion restriction threshold maps
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[15][16] |
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[17] | 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[18][19] |
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[20] |
Ohio | Yes | 20 weeks post-fertilization[21] |
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
From 1970 to 2024, there were 65 abortion-related ballot measures, and 44 (68%) of these had the support of organizations that described themselves as pro-life. Voters approved 12 (27%) and rejected 32 (73%) of these 44 ballot measures. The other 21 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved 15 (71%) and rejected six (29%).
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:
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.
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% | ![]() |
Kentucky | 2022 | No State Constitutional Right to Abortion Amendment | 47.65% | 52.35% | ![]() |
Louisiana | 2020 | Amendment 1: No Right to Abortion in Constitution Amendment | 62.06% | 37.94% | ![]() |
Alabama | 2018 | Amendment 2: State Abortion Policy Amendment | 59.01% | 40.99% | ![]() |
West Virginia | 2018 | Amendment 1: No Right to Abortion in Constitution Measure | 51.73% | 48.27% | ![]() |
Tennessee | 2014 | Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 52.60% | 47.40% | ![]() |
Florida | 2012 | Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment | 44.90% | 55.10% | ![]() |
Massachusetts | 1986 | Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.83% | 58.17% | ![]() |
Path to the ballot
Process in Nevada
In Nevada, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of the total votes cast in the most recent general election. Moreover, signature gathering must be distributed equally among each of the state's four congressional districts. The initial filing of an initiated constitutional amendment cannot be made before September 1 of the year preceding the election year. The signature petitions must be filed with county officials by the third Tuesday in June of an even-numbered year. The final submission of signatures to the secretary of state must be made at least 90 days before the next regular general election. Initiated constitutional amendments that qualify for the ballot must be approved at two consecutive general elections.
The requirements to get an initiated constitutional amendment certified for the 2024 ballot and the next even-yeared election ballot:
- Signatures: 102,362 valid signatures were required.
- Deadline: The deadline to submit signatures was June 26, 2024.
Signatures are verified by county clerks using a random sampling method if more than 500 signatures were submitted in that county. If enough signatures are submitted and verified, the initiative goes on the next general election ballot. If approved at the first election, it goes on the next general election ballot.
Stages of this ballot initiative
- The measure was filed with the secretary of state by the Nevadans for Reproductive Freedom on September 14, 2023.
- On October 5, 2023, the Coalition for Parents and Children filed a lawsuit in opposition to the initiative.[23]
- On November 21, 2023, Carson City District Court Judge James Russell ruled in favor of the Coalition for Parents and Children finding that the initiative violated the state's single-subject rule. The campaign said they would appeal the ruling.[24]
- On December 6, 2023, another initiative was filed with the secretary of state to circulate.
- On January 23, 2024, Carson City District Judge James T. Russell approved the petition to circulate.[25]
- On April 18, the Nevada Supreme Court ruled that the initiative text met the state's ballot measure requirements, specifically that it did not violate the state's single-subject rule.[26]
- On May 20, 2024, Nevadans for Reproductive Freedom announced they submitted more than 200,000 signatures, as well as surpassing the amount of signatures from each congressional district.[27]
- On June 28, 2024, the secretary of state's office certified the measure on the ballot, verifying around 128,000 signatures.[28]
How to cast a vote
- See also: Voting in Nevada
See below to learn more about current voter registration rules, identification requirements, and poll times in Nevada.
See also
View other measures certified for the 2026 ballot across the U.S. and in Nevada.
Explore Nevada's ballot measure history, including citizen-initiated ballot measures.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 1.2 Nevada Secretary of State, "Amendment Text," accessed October 6, 2023
- ↑ 2.0 2.1 Guttmacher, "Interactive Map: US Abortion Policies and Access After Roe," accessed June 12, 2024
- ↑ 3.0 3.1 Cite error: Invalid
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- ↑ Nevada Secretary of State, "Statewide Ballot Questions," accessed September 13, 2024
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ Nevada Secretary of State, "Contributions and Expenses Reports," accessed February 25, 2025
- ↑ SCOTUSblog, "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade," May 17, 2021
- ↑ 8.0 8.1 Cornell University Law School, "Roe v. Wade," accessed April 27, 2017
- ↑ Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
- ↑ The Fuller Project, "How major abortion laws compare, state by state," accessed December 4, 2022
- ↑ 11.0 11.1 Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
- ↑ Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
- ↑ Supreme Court of the United States, Roe v. Wade, January 22, 1973
- ↑ 14.0 14.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
- ↑ 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.
- ↑ Axios, "When Arizona's new abortion measure will take effect," November 7, 2024
- ↑ 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.
- ↑ 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.
- ↑ Missouri Independent, "Missouri voters approve Amendment 3, overturn state’s abortion ban," November 5, 2024
- ↑ On September 12, 2024, a state judge ruled against North Dakota's abortion ban. The state appealed the ruling, and litigation is ongoing.
- ↑ 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.
- ↑ Note: Florida Amendment 4 needed to receive a 60% vote to be approved.
- ↑ The Nevada Independent, "New PAC sues to stop effort to add abortion protections to Nevada’s constitution," October 6, 2023
- ↑ New York Post, "Nevada judge rules out abortion rights ballot push for 2024," November 24, 2023
- ↑ ABC News, "Nevada judge approves signature-gathering stage for petition to put abortion rights on 2024 ballot," January 24, 2024
- ↑ 2 News Nevada, "Nevada Supreme Court Rules Abortion Petition Language Meets Ballot Measure Requirements," April 18, 2024
- ↑ NBC News, "Nevada abortion rights groups submit signatures to advance ballot measure," May 20, 2024
- ↑ The New York Times, "Nevada Residents Will Vote on Abortion Rights in November," June 30, 2024
- ↑ Nevada Legislatures, "Nev. Rev. Stat. § 293.273," accessed September 18, 2025
- ↑ Clark County, Nevada, "Election Day Voting," accessed September 18, 2025
- ↑ 31.0 31.1 31.2 31.3 Nevada Secretary of State, “Elections,” accessed September 18, 2025
- ↑ Nevada Secretary of State, “Registering to Vote,” accessed September 18, 2025
- ↑ Nevada Department of Motor Vehicles, “Voter Registration,” accessed September 18, 2025
- ↑ Nevada Secretary of State, “Voter Registration Form,” accessed September 18, 2025
- ↑ 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."
- ↑ Nevada Legislatures, "Nev. Rev. Stat. § 293.277," accessed October 7, 2025
- ↑ Congress, "H.R.3295 - Help America Vote Act of 2002," accessed September 30, 2025