Voters in 12 states may decide on abortion in 2024, including 3 states where abortion is confirmed on the ballot—Florida, Maryland and New York
Libin Jose // Shutterstock
Voters in 12 states may decide on abortion in 2024, including 3 states where abortion is confirmed on the ballot—Florida, Maryland and New York
Map of Eastern seaboard of U.S. including Florida, Maryland and New York.
Voters in 12 states could see abortion on their ballots this year, including three states where ballot measures have been certified for the ballot—Florida, Maryland, and New York. Measures have been proposed in nine other states. Ballotpedia provides the most recent updates on abortion-related ballot measure certifications and potential measures.
On April 18, the campaign Coloradans for Protecting Reproductive Freedom submitted 230,000 signatures for a ballot initiative to provide a constitutional right to abortion in the state of Colorado. If the initiative makes the ballot in the state, it will be the tenth time that Colorado voters will decide on an abortion-related ballot measure—the most of any state. The last time Colorado voters decided on abortion was in 2014, when voters rejected an amendment that would have defined “person” to include a fetus or unborn human being.
Another Colorado campaign supporting an initiative that would have prohibited abortion in the state did not submit signatures to meet the deadline—proponents announced on April 18 that they did not gather enough signatures. This initiative would have defined “living human child” as a human being beginning at the moment of conception, and would have established penalties for individuals and facilities that perform abortions.
The next signature deadline for an abortion-related ballot initiative is on May 5, in Missouri, for an initiative that would provide a state constitutional right for reproductive freedom.
Ballotpedia
One state looking at both sides of abortion-related ballot initiatives
Map showing U.S. states with “Positions of confirmed and potential abortion-related ballot measures.”
Here is the status of abortion-related ballot measures for 2024.
Florida
Amendment 4 would provide a constitutional right to abortion “before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”
- Current law: On April 1, 2024, the Florida Supreme Court ruled that the state constitution’s right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 that found that the privacy clause provided a right to abortion. The ruling allowed the state’s 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, called the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban will take effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.
- Measure type: Initiated constitutional amendment
- Measure support: Floridians Protecting Freedom is leading the campaign supporting the initiative. Supporters include the ACLU of Florida, League of Women Voters of Florida, the Fairness Project, and Planned Parenthood of Southwest and Central Florida. On April 23, President Joe Biden (D) announced support for the measure.
- Measure opposition: Florida Voters Against Extremism is leading the campaign in opposition to the initiative. Opponents include Gov. Ron DeSantis (R), the Republican Party of Florida, Susan B. Anthony Pro-Life America, Florida Conference of Catholic Bishops, and the National Center for Life and Liberty.
- State political context: Florida currently has a Republican trifecta. In the previous presidential election in 2020, Donald Trump (R) won with 51.22% of the vote.
Maryland
Maryland voters will be deciding on a constitutional amendment that would guarantee a right to reproductive freedom, including the ability to prevent, continue, or end one’s own pregnancy. The ballot measure is designed to prohibit the constitutional right from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means.
- Current law: Currently, abortion is legal in Maryland until viability. Abortion is legal after viability if the woman’s life or health is endangered or there is a fetal anomaly.
- Measure type: Legislatively referred constitutional amendment
- Measure support: Freedom in Reproduction Maryland is leading the campaign supporting the amendment. Supporters include Gov. Wes Moore (D) and Lt. Gov. Aruna Miller (D).
- Measure opposition: Health Not Harm MD is leading the campaign against the amendment. Opponents include the Maryland Catholic Conference, the Maryland Family Institute, and the Maryland Right to Life PAC.
- State political context: Maryland currently has a Democratic trifecta. In the previous presidential election in 2020, Joe Biden (D) won with 65.36% of the vote.
New York
New York voters will decide on a constitutional amendment to prohibit the denial of a person’s rights based on the person’s “ethnicity, national origin, age, [and] disability,” as well as the person’s “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” The measure was referred to the ballot by the New York State Legislature.
- Current law: New York allows for an abortion up to 24 weeks of pregnancy. Abortion is permitted after 24 weeks if, as determined by a health care practitioner, the fetus is not viable or the pregnant woman’s life or health (including mental health) is at risk.
- Measure type: Legislatively referred constitutional amendment
- Measure support: New Yorkers for Equal Rights is leading the campaign to support the amendment. Supporters include Gov. Kathy Hochul (D), U.S. Sen. Kirsten Gillibrand (D), the League of Women Voters of New York, the New York Civil Liberties Union, and the Planned Parenthood Action Fund.
- Measure opposition: The Coalition to Protect Kids-NY is leading the campaign in opposition to the initiative. Opponents of the amendment include the New York State Catholic Conference.
- State political context: New York currently has a Democratic trifecta. In the previous presidential election in 2020, Joe Biden (D) won with 60.87% of the vote.
Potential abortion-related ballot measures in 2024
Arizona
The campaign Arizona for Abortion Access is working to place a constitutional amendment on the ballot that would establish a state constitutional right to abortion that the state may not interfere with before the point of fetal viability.
- Number of signatures needed: 383,923 valid signatures. Arizona for Abortion Access said it gathered 506,892 petition signatures on April 2, 2024, and would continue collecting signatures up until the deadline.
- Signature deadline: July 3, 2024
Arkansas
The Arkansans for Limited Government campaign is working to place a constitutional amendment on the ballot that would prohibit laws or policies restricting abortion access within 18 weeks from conception; in cases of rape, incest, or fatal fetal anomaly; or when abortion is needed to protect the life or health of the mother as determined by a physician.
- Number of signatures needed: 90,704 valid signatures
- Signature deadline: July 5, 2024
Colorado
Colorado voters may decide on a ballot initiative that would prohibit the state or local governments from denying or impeding the right to an abortion and allow abortion to be a covered service under health insurance plans. Signatures were submitted for the initiative on April 18, 2024. Proponents reported gathering over 225,000 signatures.
- Number of signatures needed: 124,238 valid signatures
- Signature deadline: April 26, 2024
Missouri
The Missourians for Constitutional Freedom campaign is working to place a constitutional amendment on the ballot that would provide the right to reproductive freedom, and provide that the state legislature may enact laws that regulate abortion after fetal viability.
- Number of signatures needed: 171,592 valid signatures
- Signature deadline: May 5, 2024
Montana
Montana voters may decide on a constitutional amendment that would provide for the right to make and carry out decisions about one’s own pregnancy, including a right to abortion.
- Number of signatures needed: 60,359 valid signatures
- Signature deadline: June 21, 2024
Nebraska
The Protect Our Rights campaign is working to place a constitutional amendment on the ballot that would establish a right to abortion until fetal viability.
- Number of signatures needed: 124,465 valid signatures
- Signature deadline: July 5, 2024
Another constitutional amendment filed in Nebraska would prohibit abortions after the first trimester unless necessitated by a medical emergency or the pregnancy is a result of sexual assault or incest.
- Number of signatures needed: 124,465 valid signatures
- Signature deadline: July 5, 2024
Nebraska voters may also decide on a state statute that would prohibit abortion procedures and drugs except in cases to preserve the life of the mother.
- Number of signatures needed: 87,126 valid signatures
- Signature deadline: July 5, 2024
Nevada
The Nevadans for Reproductive Freedom campaign is working to place a constitutional amendment on the ballot that would establish a state right to an abortion. The measure would allow for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant woman.
- Number of signatures needed: 102,362 valid signatures
- Signature deadline: June 26, 2024
Pennsylvania
The Pennsylvania State Legislature may refer a constitutional amendment to the ballot that would say that the Pennsylvania Constitution grants no right to a taxpayer-funded abortion or any other right relating to abortion. The amendment already passed in the 2021-2022 legislative session and would need to pass the current session.
The Pennsylvania House of Representatives went from a Republican majority to a Democratic majority in the November 2022 election. The amendment would need 102 votes in the Pennsylvania House of Representatives to pass—there are 100 Republicans and 102 Democrats in the House. Previously, 106 Republicans and one Democrat voted for the amendment, and 88 Democrats and four Republicans voted against the amendment (with three Republicans absent for the vote).
- Majority requirement needed: Simple majority in both chambers of the state legislature in two consecutive legislative sessions.
South Dakota
Dakotans for Health is working to place a constitutional amendment on the ballot that would provide a right to abortion using a trimester framework.
- Number of signatures needed: 35,017 valid signatures
- Signature deadline: May 7, 2024
Where have abortion measures been on the ballot since Dobbs?
Following the Dobbs v. Jackson Women’s Health Organization U.S. Supreme Court decision that overturned Roe v. Wade in 2022, seven abortion-related measures appeared on the ballot.
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. The most recent abortion-related ballot measure to be passed by voters was Ohio Issue 1, which voters approved in November 2023.
This story was produced by Ballotpedia and reviewed and distributed by Stacker Media.
