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Arizona Proposition 139, Right to Abortion Initiative (2024)

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Arizona Right to Abortion Initiative
Flag of Arizona.png
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).[1]

Additional information on abortion-related ballot measures

In 2024, 11 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. This was the most on record for a single year.

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.[1]

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.[2] On April 24, 2024, the Arizona House of Representatives passed House Bill 2677 by 32-29, which would repeal the 1864 abortion ban.[3] 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.[4] On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until August 12, 2024.[5]

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.[6]

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:[1]

Note: Hover over the text and scroll 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. [7]

Support

Arizona for Abortion Access was leading the campaign in support of the initiative.[8]

Supporters

Officials

Political Parties

  • Arizona Working Families Party

Organizations

  • Indivisible Project
  • ACLU of Arizona
  • American Association of University Women
  • Amnesty International
  • Arizona Public Health Association
  • Healthcare Rising Arizona
  • Human Rights Campaign
  • League of Women Voters of Arizona
  • Living United for Change Arizona
  • National Council of Jewish Women Arizona
  • Open Society Foundation
  • Opportunity Arizona
  • Our Voice Our Vote
  • Planned Parenthood Advocates of Arizona
  • Reproductive Freedom For All
  • The Fairness Project
  • Think Big America
  • VetsForward
  • YWCA Southern 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."
  • Paul Bender, constitutional law professor at Arizona State University: “It essentially revives the right of abortion in Arizona as it was before the overturning of Roe versus Wade. If this passes, any law restricting abortion before fetal viability is unconstitutional.”
  • Our Voice Our Vote: "Prop 139 is about restoring access to safe and legal abortion and putting the power back where it belongs: in the hands of women, not politicians. A majority of Arizona voters support a woman’s right to decide. Join all of us in protecting our freedoms from a few politicians."
  • Dr. Paul Isaacson, Arizona OB-GYN: "These extremists falsely claim that the initiative will remove safety precautions and allow anybody to perform an abortion. They falsely claim it will allow for “abortion up until birth.” These lies are just that—lies. As an abortion provider, I can say with confidence that Proposition 139 won’t remove evidence-based safety and health standards, nor will it change the requirement that abortion be provided by qualified, licensed medical professionals. And there is absolutely, absolutely, no such thing as “abortion until the moment of birth.” These are lies that not only deceive voters but put women in danger because the reality is; arbitrary partisan bans are what harm women’s health, not laws that put healthcare decisions where they belong: in the hands of patients and their healthcare team."

Opposition

It Goes to Far was leading the campaign opposing the initiative.[9]

Opponents

Organizations

  • Arizona Catholic Conference Bishops
  • Arizona Right to Life
  • Moms for America
  • Priests for Life
  • Progressive Anti-Abortion Uprising
  • Secular Pro-Life
  • Students for Life Action
  • Susan B. Anthony Pro-Life America

Arguments

  • 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."
  • 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. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women."
  • Julia Payne Koon, legal counsel with Alliance Defending Freedom: "Conspicuously absent from this standard is any requirement that interference with abortion be 'undue.' Instead, the language of the ballot measure seems to suggest that even minor interference with the abortion right triggers the highest legal scrutiny—even if the law in question doesn’t prevent a single Arizona woman from having an abortion. In practice, this standard—if enacted—could not only call into question Arizona’s 15-week law, but all of Arizona’s laws governing abortion, no matter how sensible. For instance, Arizona requires that only physicians may perform surgical abortions and that women receive specific informed consent information at least 24 hours before an abortion. Those laws could be challenged as too restrictive under the amendment."
  • It Goes Too Far: "The amendment language legalizes late-term abortion beyond viability, but 90% of Arizonans support limits on abortion at 15 weeks or earlier. It prevents Arizonans from requesting that safety standards be passed or enforced – even if those safety standards protect girls and women from complications such as perforated uterus or bowel, sepsis, infertility, and hemorrhaging. It opens the door to force taxpayers to fund abortions, even non-residents. It endangers current law allowing healthcare professionals to opt out of performing or participating in abortions due to their consciences."
  • Arizona Catholic Conference Bishops: "If passed, this initiative threatens to enshrine a constitutional right to virtually unrestricted abortion in Arizona. What makes a constitutional amendment especially grave is that our own Arizona legislators could lose the ability to regulate abortion in any meaningful way, leaving us with the potential for what would likely become nearly unrestricted abortion. Arizona law currently allows for abortions up until 15 weeks of pregnancy. Proposition 139, however, would go far beyond even this current law. The proposed amendment, among other things, would likely remove most safeguards for girls and women that are currently in place at abortion clinics, permit a minor to obtain an abortion without parental involvement or permission, and allow for painful late-term abortions of viable pre-born children."


Campaign finance

See also: Campaign finance requirements for Arizona ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through March 31, 2024. The deadline for the next scheduled reports was July 15, 2024.


The Arizona for Abortion Access PAC is registered to support the ballot measure.[10]

The It Goes Too Far PAC is registered to oppose the ballot measure.[10]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $33,637,450.09 $2,403,829.90 $36,041,279.99 $33,637,045.95 $36,040,875.85
Oppose $1,296,998.82 $60,981.85 $1,357,980.67 $1,133,749.41 $1,194,731.26
Total $34,934,448.91 $2,464,811.75 $37,399,260.66 $34,770,795.36 $37,235,607.11

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[10]

Committees in support of Proposition 139
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Arizona for Abortion Access $33,637,450.09 $2,403,829.90 $36,041,279.99 $33,637,045.95 $36,040,875.85
Total $33,637,450.09 $2,403,829.90 $36,041,279.99 $33,637,045.95 $36,040,875.85

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.[10]

Committees in opposition to Proposition 139
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
It Goes Too Far $1,296,998.82 $60,981.85 $1,357,980.67 $1,133,749.41 $1,194,731.26
Total $1,296,998.82 $60,981.85 $1,357,980.67 $1,133,749.41 $1,194,731.26

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.”[2] 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.[3] 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.[4] On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until August 12, 2024.[5]

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.[11]

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."[12]

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.[12]

Abortion regulations by state

As of January 7, 2026, 41 states restricted abortions after a certain point in pregnancy.[13] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

  • Thirteen 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
  • Thirteen 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.[14]
  2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[15][16]
  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."[17]
  4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[15]
  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.[18]
  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.[18]

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[19][20]
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[21] 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[22][23]
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[24][25]
Ohio Yes 20 weeks post-fertilization[26]
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[27]
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[28] 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

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:

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.[29]
  • Arizona for Abortion Access said it gathered 506,892 petition signatures on April 2, 2024.[6]

See also

External links

Footnotes

  1. 1.0 1.1 1.2 Arizona Secretary of State, "Arizona for Abortion Access Amendment," accessed August 8, 2023
  2. 2.0 2.1 Associated Press, "What to know about abortion in Arizona under the near-total 1864 ban," April 10, 2024
  3. 3.0 3.1 AZLeg, "Bill History for HB2677," accessed April 25, 2024
  4. 4.0 4.1 Washington Post, "Arizona Senate votes to repeal 1864 abortion ban. What it means, and what’s next," May 1, 2024
  5. 5.0 5.1 The Guardian, "Arizona supreme court delays enforcement of 1864 abortion ban," May 14, 2024
  6. 6.0 6.1 NBC News, "Arizona abortion rights amendment backers says they've gathered signatures needed for 2024 ballot," April 2, 2024
  7. Note: This text is quoted verbatim from the original source.
  8. Arizona for Abortion Access, "Homepage," accessed January 10, 2023
  9. It Goes Too Far, "Homepage," accessed January 10, 2023
  10. 10.0 10.1 10.2 10.3 See the Money AZ, "Ballot Measures," accessed April 12, 2024
  11. SCOTUSblog, "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade," May 17, 2021
  12. 12.0 12.1 Cornell University Law School, "Roe v. Wade," accessed April 27, 2017
  13. Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
  14. The Fuller Project, "How major abortion laws compare, state by state," accessed December 4, 2022
  15. 15.0 15.1 Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
  16. Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
  17. Supreme Court of the United States, Roe v. Wade, January 22, 1973
  18. 18.0 18.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
  19. 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.
  20. Axios, "When Arizona's new abortion measure will take effect," November 7, 2024
  21. 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.
  22. 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.
  23. Missouri Independent, "Missouri voters approve Amendment 3, overturn state’s abortion ban," November 5, 2024
  24. On November 21, 2025, the North Dakota Supreme Court ruled that SB 2150, a law prohibiting most abortions, was constitutional. While only two of the five justices believed the law was constitutional, it would have taken four justices to overturn the law.
  25. North Dakota Monitor, "North Dakota abortion ban deemed constitutional in split opinion from state Supreme Court," November 21, 2025
  26. 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.
  27. The Wyoming Supreme Court ruled on January 7, 2026, that two 2023 laws that placed restrictions on abortion and abortion pills violated the Wyoming Constitution
  28. Note: Florida Amendment 4 needed to receive a 60% vote to be approved.
  29. KJZZ, "Arizona for Abortion Access seeks 600,000 signatures to put issue on the 2024 ballot," accessed September 21, 2023