Reproductive rights are on the ballot in eleven states on Nov. 5. The ballot measures, most of them brought by citizens and voters, come after the U.S. Supreme Court overturned the national abortion protections of Roe v. Wade in June of 2022.
In most cases, states are voting on single measures that would enshrine additional protections for abortion. In one state — Nebraska — two ballot measures could both establish greater abortion rights for early pregnancies and ban abortion for pregnancies in later trimesters.
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Arizona
Proposition 139 would protect abortion up until the viability of a fetus outside the womb. The exact timing of viability depends on a number of factors, and the measure does not define a limit for viability, but a widely accepted timeframe is following 24-28 weeks of pregnancy.
The measure would also allow abortion in cases where it is necessary to protect the life of the mother.
Arizona's current law, signed in 2022, bans abortions after 15 weeks of pregnancy and includes exceptions in cases of medical emergency.
In April of 2024, Arizona's Supreme Court upheld a state law dating back to the Civil War era that made nearly all abortions in the state illegal, with the exception of cases in which the procedure is needed to save the mother's life. That law was eventually repealed by Arizona's legislature.
Colorado
Colorado Amendment 79 would protect the right to abortion in the state constitution and make the procedure eligible for coverage under health insurance. It would also repeal language in the state constitution from 1984 that prevents state money from being used in abortion procedures.
There is currently no limit on abortion in Colorado.
The measure needs 55% support from state voters to pass.
Florida
Florida's Amendment 4 would add constitutional protection for abortion before the time of viability, and when "necessary to protect the patient's health, as determined by the patient's healthcare provider."
The state's existing law limits abortion after six weeks of pregnancy, down from 15 weeks after Gov. Ron DeSantis signed a bill in 2023 tightening restrictions. Legal challenges put the law on hold for a year after it was initially signed, but the state's Supreme Court cleared the way for it to go into effect in April of 2024.
Existing laws also include exceptions to preserve the life or health of the mother.
The new measure needs 60% support in the state to pass.
Maryland
Maryland's Question 1 would add a section to Maryland's constitution that guarantees reproductive freedom, defined as including "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy."
The measure was approved in 2023 by the state senate and signed by Gov. Wes Moore in 2023, where it now waits for approval by referendum in this election.
In Maryland, abortion is currently legal before fetal viability and there are exceptions to extend beyond that date in cases of fetal anomaly or preserving the life or health of the mother. The last time voters decided the issue was in 1992 when they voted to uphold a Senate bill that said "the state may not interfere with the decision of a woman to terminate a pregnancy."
Missouri
Missouri Amendment 3 would change the state constitution to include "the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions."
Under the amendment, state lawmakers would be permitted to pass laws to regulate abortion after fetal viability, but none that would restrict abortions in cases where medical professionals judge that a patient's physical or mental health or life is at risk.
Abortion is currently banned in the state, with certain exceptions for preserving the life or health of the mother. Missouri enacted this ban on June 24, 2022, the same day as the Supreme Court's decision overturning the federal abortion protections of Roe v. Wade.
Just hours before Missouri finalized its ballot for the 2024 election, a judge ordered Republican officials to "take all steps necessary" to ensure the decision was on the ballot for Nov. 5.
Montana
Montana measure CI-128 would add an explicit constitutional right to abortion in the state. Abortion protections in the state right now depend on precedent set by earlier legal cases. The Montana Supreme Court decided in 1991 that abortion until the point of viability was protected under the state's constitutional right to privacy.
Language added under the new measure would state, "There is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion." There would be exceptions to extend the availability of abortions past viability in order to protect the life or health of the mother.
Montana currently permits abortion before fetal viability.
Nebraska
Nebraska Initiative 434 would support legislation already put forward by the Republican legislature and signed into law by its Republican governor. It bans abortion after the first trimester. It includes exceptions for medical emergencies, rape and incest.
Meanwhile, Nebraska Initiative 439 would amend the state's constitution to provide access to abortion until fetal viability, which is at the end of the second trimester around 24 weeks. It also has life of the mother exceptions and very clearly states that it's up to the practitioner to determine viability.
Nebraska's Republican Secretary of State Bob Evnen said if both measures pass, Republican Gov. Jim Pillen will have to determine if a conflict exists according to state law.
Right now, Nebraska bans abortions after 12 weeks of pregnancy. That law went into effect in June of 2023. It includes exceptions for saving the life or health of the mother and for rape or incest.
Nevada
Nevada's Question 6 would amend the state constitution to include a right to abortion until fetal viability. It defines viability as a medical expert's professional opinion that "there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures." It would include exceptions for the health of the mother.
Nevada currently allows abortions until 24 weeks of pregnancy. Those protections were established in 1990 by state law and can only be reversed by state referendum.
New York
New York's Proposal 1 would amend the state constitution to guarantee equal rights no matter a person's "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."
The measure was initially removed from the state ballot in May of 2024 when a judge found lawmakers missed a procedural step when they put it there. In June, the state Supreme Court ruled that it should be reinstated.
Abortion is currently permitted in New York until fetal viability.
South Dakota
South Dakota's Amendment G would enshrine a right to abortion in the state constitution and would forbid the state from regulating pregnancies until after the first trimester. The state could pass laws regulating abortion during the second trimester "only in ways that are reasonably related to the physical health of the pregnant woman." The state could regulate abortion during the third trimester, but there would be exceptions for the health and life of the mother.
South Dakota currently bans abortion except when it would save the life of the mother. A trigger law in the state took effect after the U.S. Supreme Court's decision that overturned Roe v. Wade protections.
