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State Ballot Measure Monthly: December 2023

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December 13, 2023

By Ballot Measures Project Staff

This edition of the State Ballot Measure Monthly covers the certifications of state ballot measures, as well as notable ballot measure news, from November 7 through December 12.

HIGHLIGHTS
  • Wisconsin voters will decide on two constitutional amendments related to election administration and funding at the primary election on April 2.
  • At least 16 abortion-related measures have been proposed for 2024.
  • Signatures were submitted for six citizen-initiated ballot measures in Massachusetts.
  • 2024 ballot measures

    Overview: Nationally, 56 ballot measures have been certified in 25 states for elections in 2024.

    Signatures submitted: Signatures have been submitted and are pending verification for the following citizen-initiated ballot measures:

    Changes in 2024 ballot measure numbers

    Comparison to earlier years

    So far, 56 state ballot measures have been certified for 2024. From 2012 through 2022, an average of 51 state ballot measures through November of the year before the general election. An average of 157 total ballot measures were certified for odd-numbered year ballots from 2012 through 2022.

    2024 certifications

    See also: Ballotpedia's Tuesday Count for 2024

    From November 7 through December 12, three statewide measures were certified for the ballot in Wisconsin. Two were certified for the election on April 2, 2024, and one was certified for the election on November 5, 2024.

    November 9, 2023

    • Wisconsin Question 2, Election Officials Amendment: Question 2 was referred to the ballot with the same resolution as Question 1 and will also be on the ballot for April 2, 2024. Question 2 would provide that only election officials designated by law may administer elections.[1]
    • Wisconsin Citizenship Voting Requirement Amendment: The constitutional amendment would amend the state constitution to provide that "Only a United States citizen age 18 or older who is a resident" may vote in a national, state, or local office or statewide or local ballot measure election. This would have the effect of preempting a local government from passing a law allowing non-citizens to vote—something that is permitted in several jurisdictions in three states and D.C. In the Legislature, the constitutional amendment had the support of Republicans. Legislative Democrats opposed the measure.[2] The constitutional amendment is set to appear on the ballot for November 5, 2024.

    Headlines

    At least 16 abortion-related measures have been proposed for 2024

    See also: Daily Brew: December 11, 2023

    In November, Ohio voters approved Issue 1, a constitutional amendment that established the right to have an abortion in the state. This amendment was one of seven statewide abortion-related measures that have been on the ballot since the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overruled Roe v. Wade

    More such measures will appear on the ballot next year.

    In November 2024, voters in Maryland and New York will decide on abortion-related constitutional amendments. Additionally, 14 other measures have been proposed in 11 states. These measures are either in the process of gathering signatures or awaiting approval by the state legislature to qualify for the ballot.

    Of the 16 proposed and confirmed abortion-related measure campaigns in 2024: 

    • 12 are campaigns that describe themselves as pro-choice or pro-reproductive rights
    • Four are campaigns that describe themselves as pro-life

    The map below shows the positions of the confirmed and proposed ballot measure campaigns for 2024. 

    States with confirmed abortion-related ballot measures in 2024

    • Maryland: Voters will decide on an amendment to establish a right to reproductive freedom, defined to include abortion, on Nov. 8, 2024. The Maryland Legislature referred the amendment to the ballot. Maryland has a Democratic trifecta, meaning the party controls the governorship and both chambers of the Legislature. 
    • New York: Voters will decide on a constitutional amendment to prohibit the denial of rights to an individual based on their "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy," along with other classes like ethnicity, disability, age, and sex. The New York Legislature referred the amendment to the ballot. New York has a Democratic trifecta, meaning the party controls the governorship and both chambers of the Legislature.

    States with potential abortion-related ballot measures in 2024

    • Arizona: The group Arizona for Abortion Access filed an initiative and launched a signature drive in September 2023 to put the Arizona Right to Abortion Initiative on the ballot. The amendment would establish a fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability.
      • Status: Cleared for signature gathering. The deadline to submit signatures is July 4, 2024.
    • Arkansas: The group Arkansans for Limited Government formed to sponsor a citizen initiative that would amend the Arkansas Constitution to prohibit laws or policies restricting abortion access within 18 weeks of conception. The amendment would also prohibit laws that restrict abortion in cases of rape, incest, fatal fetal anomaly, or when an abortion is needed to protect the life or health of the mother.
      • Status: On Nov. 28, Arkansas Attorney General Tim Griffin (R) rejected the ballot language. The attorney general must approve the amendment's ballot language for signature gathering to begin.
    • Colorado: Two initiatives that would amend Colorado law regarding abortion are currently gathering signatures. One initiative would prohibit the state or local governments from denying or impeding the right to an abortion and would allow abortion to be a covered service under health insurance plans. The other initiative would prohibit abortion in the state.
      • Status: Both initiatives are cleared for signature gathering. The deadline to gather signatures for the initiative that would prohibit the state from denying the right to an abortion is April 26, 2024. The deadline for the initiative that would prohibit abortion is April 18, 2024. 
    • Florida: The group Floridians Protecting Freedom is leading a campaign for a constitutional amendment that would provide that "no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider."
      • Status: The Florida Supreme Court has the initiative under review.
    • Iowa: The Iowa Legislature passed an amendment in 2021 saying, “this Constitution does not recognize, grant, or secure a right to abortion or require the public funding of abortion.”
      • Status: The amendment passed both chambers of the Legislature in 2021. For the amendment to appear on the ballot in 2024, both chambers must pass it again.
    • Missouri: Two abortion-related citizen-initiated constitutional amendments were approved to gather signatures. One would establish a right to reproductive freedom. The other would prevent the state from denying or interfering with the right to an abortion in cases of rape or sexual assault, incest, fatal fetal abnormality, or risk to the health or safety of the mother.
      • Status: Both initiatives are cleared for signature gathering. The deadline to submit signatures is May 5, 2024.
    • Montana: A citizen filed an initiative that would amend the state constitution to provide for the right to make and carry out decisions about one’s own pregnancy, including the right to abortion.
      • Status: Pending official review. The initiative has not yet been approved for signature gathering.
    • Nebraska: Two abortion-related citizen-initiated constitutional amendments were approved to gather signatures. One would establish a right to abortion until fetal viability, while the other would prohibit abortion procedures and drugs except to preserve the life of the mother.
      • Status: Both initiatives are cleared for signature gathering. The deadline to submit signatures is July 5, 2024.
    • Nevada: The Nevadans for Reproductive Freedom PAC is leading a campaign for a constitutional amendment that would establish the right to reproductive freedom in the state. The amendment would include the right to make and carry out decisions about matters relating to their pregnancies, including abortion.
      • Status: The initiative is cleared for signature gathering. The deadline to submit signatures is June 26, 2024.
    • Pennsylvania: In 2022, the Pennsylvania Legislature approved a constitutional amendment saying there is no right to a taxpayer-funded abortion or any other right relating to abortion.
      • Status: Proposed. To make the 2024 ballot, both chambers of the Legislature need to pass the amendment again by a simple majority. Democrats have a 102-101 majority in the House, and Republicans have a 28-22 majority in the Senate.
    • South Dakota: The group Dakotans for Health is leading the campaign for a constitutional amendment that would make abortion legal in South Dakota with regulations after the first and second trimesters.
      • Status: Cleared for signature gathering. The deadline to submit signatures is May 7, 2024.

    In 2022, voters in three states—California, Michigan, and Vermont—approved constitutional amendments granting a right to an abortion. 

    In Kansas and Kentucky, voters rejected amendments saying that nothing in their state constitutions creates a right to abortion or requires government funding of abortions. In Montana, voters rejected a measure called the Born-Alive Infant Protection Act.

    From 1970 to November 2023, there were 54 abortion-related ballot measures. Forty-three (80%) of those had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of those measures. The other 11 measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved eight (73%) and rejected three (27%).

    See also

    Related articles

    Footnotes