Abortion-Related Ballot Initiatives Across the Nation

by Nicole Hunt | May 20, 2024 | Life

Abortion activists are fully committed to seeing as many abortion-related ballot initiatives as possible on the ballot this November. To date, they have a 100% success rate at defeating pro-life ballot measures and advancing abortion initiatives.

Ultimately, abortion activists would like to see a so-called right to abortion in all 50 state constitutions.

Many of the states targeted for abortion-related ballot measures in this election cycle are states that have pro-life laws in place protecting women and babies from abortion. If an abortion amendment passes in one of those states, it may invalidate pro-life laws already in place, which makes the stakes even more significant.

The pro-life community must actively engage at the state level to defeat these measures.

Votes on Abortion-Related Ballot Measures Since Roe’s Reversal

Since Roe’s reversal in June of 2022, there have been seven votes on abortion-related statewide ballot measures, and in each instance, the pro-life position lost.

2022

2023

 Two Ways an Initiative Gets on the Ballot

There are two ways a ballot measure can qualify for the ballot.

Citizen-Initiated

  • This method requires signature gathering by the proposing party.
  • Specific rules for how to do this vary by state.
  • Seventeen states permit this method.

Legislatively Referred

  • The method requires that a measure be introduced and passed by both chambers in the state legislature and then go directly to the ballot for a vote by the people.
  • Specific rules for how to do this vary by state.
  • Forty-nine states permit this method.

Five States That Have an Abortion Measure on the Ballot This Fall

Looking ahead to this year’s November election, the following states already have a qualified abortion-related measure on the ballot.

Florida

  • Title: Florida Amendment 4, Right to Abortion Initiative
  • Citizen-initiated.
  • Would create a so-called right to abortion before viability (the time at which a baby can live outside the womb) or at any time to preserve the health of the mother. The health exception becomes loophole for late-term abortion.
  • Threshold for passage: Supermajority of 60%.
  • Current law protects babies from abortion beginning at six-weeks gestation.

South Dakota

  • Title: South Dakota Constitutional Amendment G, Right to Abortion Initiative
  • Citizen-initiated.
  • Would prohibit restrictions on abortion during first trimester and allow for limited restrictions in the second and third trimester. Includes a health exception throughout the entire pregnancy permitting an abortion at any time for the health of the mother. The health exception becomes a loophole for late-term abortion.
  • Threshold for passage: Majority vote.
  • Current law protects babies throughout the entire pregnancy and allows an exception for the life of the mother.

Colorado

New York

  • Title: New York Equal Protection of Law Amendment
  • Legislatively referred.
  • Would prohibit so-called discrimination on the basis of “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
  • Threshold for passage: Majority vote.
  • Current law allows for abortion until viability and permits abortion at any time for the health of the mother.

Maryland

  • Title: Maryland Right to Reproductive Freedom Amendment 
  • Legislatively referred.
  • Would declare that women have a so-called right to reproductive freedom including the right to end a pregnancy.
  • Threshold for passage: Majority vote.
  • Current law allows for abortion until viability and permits abortion at any time for the health of the mother.

Six States That May Have an Abortion Measure on the Ballot This Fall

Arizona

  • Title: Arizona Right to Abortion Initiative
  • Attempting a citizen-initiated effort.
  • Organizers need a minimum of 383,923 valid signatures by July 3, 2024, to qualify for the ballot. They say they have already collected over 500,000 signatures.
  • Would create a so-called right to abortion before viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
  • Threshold for passage: Majority vote.
  • Current law allows abortions through 15 weeks of pregnancy. Arizona courts paused enforcement of a prior pro-life law protecting babies from abortion at conception until September 26, 2024.

Arkansas

  • Title: Arkansas Right to Abortion Initiative
  • Attempting a citizen-initiated effort.
  • Organizers need a minimum of 90,704 valid signatures by July 5, 2024, to qualify for the ballot.
  • Would prohibit restrictions on abortion through 18 weeks of gestation and permit abortion at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
  • Threshold for passage: Majority vote.
  • Current law protects babies from the moment of conception.

Missouri

  • Title: Missouri Right to Reproductive Freedom Amendment
  • Attempting a citizen-initiated effort.
  • Organizers needed a minimum of 171,592 valid signatures by May 5, 2024, to qualify for the ballot. On May 3, 2024, they submitted 380,159 signatures to the state. Signature verification is now underway.
  • Would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
  • Threshold for passage: Majority vote.
  • Current law protects preborn babies from the moment of conception.

Montana

  • Title: Montana Right to Abortion Initiative
  • Attempting a citizen-initiated effort.
  • Organizers need to submit 60,359 valid signatures by June 21, 2024, to county clerks. County clerks must submit signatures to the state by July 19, 2024, to qualify for the ballot.
  • Would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
  • Threshold for passage: Majority vote.
  • Current law allows abortion until viability and at any time to preserve the health of the mother.

Nebraska

  • Title: Nebraska Right to Abortion Initiative
  • Attempting a citizen-initiated effort.
  • Organizers need to submit 124,465 valid signatures by July 5, 2024, to qualify for the ballot.
  • Would prohibit restrictions on abortion until after viability.
  • Threshold for passage: Majority vote and minimum of at least 35,000 voters approving the change.
  • Current law protects preborn babies starting at twelve weeks gestation.

Nevada

  • Title: Nevada Right to Reproductive Freedom Amendment
  • Attempting a citizen-initiated effort.
  • Organizers need to submit 102,362 valid signatures by June 26, 2024, to qualify for the ballot.
  • Would prohibit restrictions on abortion until after viability or at any time to preserve the health of the mother. The health exception becomes a loophole for late-term abortion.
  • Threshold for passage: Majority vote in two consecutive elections.
  • Current law allows abortion until viability and at any time to preserve the health of the mother.

Image from Shutterstock

’Tis the season for holiday reading!
Check out Daily Citizen’s cheery winter reads.