Abortion Ballot Tracker: Where Your State Stands on Codifying Reproductive Rights

UPDATE, June 20, 2024: This article has been updated to reflect developments in Arkansas, Colorado, Florida, Maryland, Missouri, Montana, Nevada, New York, and South Dakota.

Abortion wins elections. We saw it last year when Ohio voters enshrined abortion rights into the state constitution, and in 2022 when Kansas, Kentucky, and Michigan voters rejected abortion restrictions and affirmed expanded protections.

Now, advocates and opponents alike are pushing more abortion-related measures onto upcoming ballots. Rewire News Group will be tracking abortion ballot initiatives and updating this list as groups gather signatures for their petitions and secure their place in this year’s elections.

Alabama

The state does not currently have a ballot initiative in the upcoming election cycle. Alabama has a total abortion ban with limited exceptions.

Alaska

Alaska does not currently have a ballot initiative in the upcoming election cycle. The state supreme court has ruled multiple times that abortion is constitutionally protected, and pregnant people can receive abortion care at any point during pregnancy.

Arizona

On April 2, Arizona for Abortion Access, a coalition of pro-choice groups including the ACLU of Arizona, Healthcare Rising Arizona, Planned Parenthood Advocates of Arizona, and more, announced it has gathered more than 500,000 signatures for its ballot initiative, according to NBC News.

The group needed at least 383,923 signatures by July 3 to get its proposed constitutional amendment affirming the right to abortion on the November ballot. The Arizona Republic reported that the group will continue to gather signatures to meet its goal of doubling the required number. Signatures still need to be validated.

The amendment would allow for abortion care up until the point of fetal viability, somewhere between 24 and 26 weeks. Abortion is currently banned at 15 weeks.

Arkansas

On June 18, state lawmakers approved a resolution encouraging Arkansans to vote against an abortion rights ballot measure that would ban abortion after 18 weeks. It does not prevent advocates from continuing to collect signatures before the July 5 deadline.

On January 23, Arkansas Attorney General Tim Griffin certified an abortion rights ballot measure after previous attempts were rejected over language. Advocates can now gather signatures to get the measure on the ballot.

On November 28, 2023, Griffin first rejected the title for a proposed ballot measure, dubbed the Arkansas Abortion Amendment. In his rejection, Griffin cited confusion over the ballot language’s use of the words like “access” and “health,” and said the ballot’s title “is tinged with partisan coloring and misleading.”

After having its proposed abortion access ballot language rejected by Arkansas Attorney General Tim Griffin for a second time on January 4, advocates submitted a third draft of the measure addressing the last of Griffin’s concerns on January 8.

The ballot question committee behind the initiative, Arkansans for Limited Government (organized by the nonprofit For AR People), said it will propose a revised ballot measure to the attorney general’s office.

The Natural State has a total abortion ban with limited exceptions.

California

The state does not currently have a ballot initiative in the upcoming election cycle. In 2022, Californians voted to amend the state constitution to include the right to abortion. Abortion is banned at the point of viability.

Colorado

On May 17, election officials verified signatures for the Colorado Right to Abortion and Health Insurance Coverage Initiative, and it will appear on the November ballot. If approved by 55 percent of voters, the measure would constitutionally guarantee the right to abortion care and prevent the government from prohibiting health-care insurance coverage for abortions.

An anti-abortion measure, the Protections for a Living Child Initiative, did not collect enough signatures to appear on the ballot. It would have established fetal “personhood” and banned abortion from the point of conception. 

Abortion in Colorado is currently legal throughout pregnancy.

Delaware

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned after the point of viability.

Florida

Opponents to the Florida ballot measure filed a lawsuit challenging the constitutional amendment process, including what they argue are misleading statements on the required financial impact statement. Proceedings are moving quickly and could include revisions to the impact statement.

On April 1, the Florida Supreme Court approved Floridians Protecting Freedom’s ballot initiative  to limit government interference in abortion care—but it also upheld a 15-week ban that allows the state’s six-week abortion ban to go into effect 30 days from the ruling. At six weeks, most people do not know they are pregnant. 

If ratified by voters in November, the “Amendment to Limit Government Interference With Abortion” would ban abortion after the point of viability in the Sunshine State. Advocates have said they’re worried that the attempt to save the measure by explicitly defining viability will hamper abortion rights advocacy across the country for the foreseeable future. —Jessica Mason Pieklo

Georgia

Georgia does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at six weeks, before most people know they’re pregnant.

Hawaii

Hawaii does not currently have a ballot initiative in the upcoming election cycle. In March, Gov. Josh Green signed abortion protection measures into state law, both expanding access and removing onerous requirements like only allowing abortion care in hospital or clinical settings. Abortion is banned at the point of viability.

Idaho

Idaho does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned with limited exceptions, and providers must perform an “affirmative defense,” proving in court that an abortion would meet the state’s legal exception requirements.

Illinois

Illinois does not currently have a ballot initiative in the upcoming election cycle, though Gov. J.B. Pritzker has advocated for a pro-abortion measure to be on the 2024 ballot. The state supreme court has affirmed that abortion is constitutionally protected, and abortion is banned at the point of viability.

Indiana

Indiana does not currently have a ballot initiative in the upcoming election cycle. In June, the state supreme court doubled down on its total abortion ban with limited exceptions.

Iowa

Conservative Iowa lawmakers are pushing a ballot measure for November 2024 that would add language to Iowa’s state constitution declaring it does not “recognize, grant, or secure a right to abortion or require the public funding of abortion.” Abortion is currently banned at 22 weeks. A six-week ban was signed into law in July, but a state judge issued an injunction as a lawsuit against it makes its way through the courts.

Kansas

Kansas does not currently have a ballot initiative in the upcoming election cycle. In 2022, voters rejected an amendment to declare that the state constitution did not guarantee the right to abortion. Abortion is banned at 22 weeks.

Kentucky

The state does not currently have a ballot initiative in the upcoming election cycle. In 2022, Kentucky voters rejected an amendment to prevent the state constitution from safeguarding the right to or funding for abortion care. The state has a total abortion ban with limited exceptions.

Louisiana

Louisiana does not currently have a ballot initiative in the upcoming election cycle. In 2020, voters approved an amendment declaring the state constitution does not provide for abortion protections or funding. Louisiana has a total ban, with limited exceptions.

Maine

The Maine Senate failed to pass a proposal that would have allowed voters to decide whether to enshrine abortion rights into the state constitution on April 1. Maine Democrats, including Gov. Janet Mills, had pushed the amendment.

In July, Mills signed into law a bill that allows for later abortions if a doctor deems it medically necessary. Otherwise, abortion is banned at the point of viability.

Maryland

In November, Maryland voters will decide whether to approve the Right to Reproductive Freedom Act, which would affirm “an individual’s own reproductive liberty and provides the State may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling State interest achieved by the least restrictive means.” Currently, abortion is banned at the point of viability.

Massachusetts

Massachusetts does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at 24 weeks.

Michigan

The Great Lakes State does not currently have a ballot initiative in the upcoming election cycle. In 2022, voters approved a constitutional amendment guaranteeing the right to abortion. Abortion is banned at the point of viability.

Minnesota

Minnesota does not currently have a ballot initiative in the upcoming election cycle. In January, Gov. Tim Walz signed into law legislation that protects both abortion providers and out-of-state patients. Abortion is legal at any point during pregnancy.

Mississippi

The state does not currently have a ballot initiative in the upcoming election cycle. In March, the Mississippi Legislature proposed a citizen-led ballot initiative process that specifically banned any abortion-related measures, but the entire effort was killed in the state senate. The Magnolia State has a total ban with limited exceptions.

Missouri

On May 3, abortion advocates announced they had gathered more than 380,000 signatures for the Missouri Right to Reproductive Freedom Amendment. If approved, the measure would enshrine the right to reproductive freedom in the state constitution and repeal the existing ban. 

In Missouri, a petition to change the state constitution must receive signatures from 8 percent of voters in six of the state’s eight congressional districts. According to the Missouri Independent, Missourians for Constitutional Freedom collected more than twice the number needed. The secretary of state is currently verifying signatures. NBC News reported that Gov. Mike Parson can decide whether it appears on the August 6 primary ballot or the November 5 general election ballot.

In September, a judge rewrote a Republican-written ballot summary that described abortions as “dangerous and unregulated” to instead say it would guarantee “the right to make decisions about reproductive health care, including abortion and contraception.” Abortion is currently totally banned, and doctors must provide an “affirmative defense” to provide care that meets the state’s legal exception.

Montana

On April 16, Montanans Securing Reproductive Rights began collecting signatures on a ballot measure that would:

• provide Montanans the right to make and carry out their own pregnancy decisions, including abortion;
• prevent the government from hindering the right to abortion before the point of viability;
• prevent the government from interfering when a health-care professional determines an abortion is necessary to protect the pregnant person’s life or health; and
• prevent the government from “penalizing patients, health-care providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.”

In an April 1 decision, the Montana Supreme Court unanimously rewrote Montanans Securing Reproductive Rights’ abortion ballot measure and rejected the state attorney general’s attempt to block the original proposal. 

In January, Montana Attorney General Austin Knudsen blocked a proposed ballot measure that would have enshrined abortion rights up to the point of viability in the state constitution, the Montana Free Press reported. In a memorandum to the secretary of state’s office, Knudsen’s office said the measure is legally insufficient, “logrolls” too many issues into a single initiative, and “limits the ability of the state to provide for public health and safety.

Abortion is banned at the point of viability. In May 2023, Republican Gov. Greg Gianforte signed a 15-week ban into law just months after Montana voters rejected an anti-abortion bill. A state court temporarily blocked the ban.

Nebraska

On March 1, a group of medical professionals in Nebraska—backed by Nebraska Right to Life and Nebraska Family Alliance—filed paperwork for a ballot measure dubbed the “Protect Women and Children Constitutional Amendment” that would ban abortion after the first trimester, the Nebraska Examiner reported.

It’s the second of two anti-abortion ballot measures with petitions in circulation: In March 2023, anti-abortion advocates proposed the Nebraska Human Life Protection Act, which would ban procedural and medication abortions, with an exception to save the pregnant person’s life. The petition is in circulation.

On November 15, abortion rights coalition Protect Our Rights released language for a ballot measure that would constitutionally protect abortion “until fetal viability”—usually around 24 to 26 weeks—or to save the pregnant person’s life or health. Republican Gov. Jim Pillen has vowed to fight the measure and, similarly to Florida officials, called the viability language “vague and deceptive.” Protect Our Rights must collect signatures from about 123,000 voters, and at least 5 percent of registered voters in 38 of the state’s 93 counties, according to the Hill.

Nebraska currently has a 12-week ban.

Nevada

In late May, reproductive rights coalition Nevadans for Reproductive Freedom submitted more than 200,000 signatures for its abortion rights initiative, surpassing the 102,362 signatures required by state law. Nevada officials are reviewing the signatures for certification. 

After a district judge in the Silver State shot down a ballot initiative that would have provided for the right to abortion care up until the point of fetal viability—saying the petition was too broad and would be an unfunded mandate—advocates launched a second campaign to get abortion rights on Nevada’s ballot. Nevadans for Reproductive Freedom’s new proposal provides for the fundamental right to “abortion performed or administered by a qualified health-care practitioner until fetal viability,” which can occur sometime between 24 to 26 weeks of pregnancy. It also says a pregnant person has the right to an abortion to protect their life or health.

Because it is a constitutional amendment, it needs to pass twice in Nevada, meaning that voters would need to decide on it again in 2026 if it gathers enough signatures and gains a simple majority of “yes” votes in 2024. Abortion is currently legal through 24 weeks in Nevada, and in May, Republican Gov. Joe Lombardo signed protections for out-of-state patients into law.

New Hampshire

New Hampshire does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned after 24 weeks.

New Jersey

The Garden State does not currently have a ballot initiative in the upcoming election cycle. Abortion is legal throughout pregnancy.

New Mexico

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is legal throughout pregnancy.

New York

On June 18, a state appeals court unanimously restored the Equal Rights Amendment, which includes protections against discrimination over “pregnancy, pregnancy outcomes, reproductive health care and autonomy,” to the November ballot.

A conservative New York judge had kicked the measure off the ballot in May after a Republican assembly member, Marjorie Byrnes, filed a lawsuit claiming state Democrats didn’t follow proper procedure by introducing and passing the amendment before Attorney General Letitia James could provide an opinion, per the state constitution.

“Today’s decision to put the Equal Rights Amendment back on the ballot in November is a huge victory in our efforts to protect our basic rights and freedoms,” James said in a statement following the June ruling. “The ERA was advanced to protect access to abortion care, enshrine this basic right in our constitution, and protect people from discrimination.”

Abortion is currently legal until the point of viability.

North Carolina

North Carolina does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at 12 weeks.

North Dakota

North Dakota does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned, with limited exceptions.

Ohio

On November 7, Ohio voters approved Issue 1, enshrining abortion access until the point of viability in the state constitution.

Oklahoma

The Sooner State does not currently have a ballot initiative in the upcoming election cycle. Pro-choice rights activists attempted to tee up an abortion rights vote this year, but withdrew it to find a better time to get the more than 170,000 required signatures to put the measure on the November 2024 ballot. Abortion is completely banned, with the only exception being to save the pregnant person’s life.

Oregon

State Democrats have proposed a constitutional amendment to protect abortion access, same-sex marriage, and gender-affirming care. If it passes the state legislature, Oregonians will get to vote on it in November. Right now, people can get abortion care at any point in pregnancy.

Pennsylvania

In December 2023, Democratic lawmakers in Pennsylvania introduced a constitutional amendment that would provide for personal reproductive liberty, including abortion. If it passes both chambers of the state legislature, Pennsylvanians will be able to vote to pass or reject the amendment, though the Penn Capital-Star reported the earliest referendum could only happen in spring 2025.

In November, Pennsylvanians voted to place Daniel McCaffery, who portrayed himself as an abortion rights defender, on the state supreme court. Abortion is banned at 24 weeks.

Rhode Island

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at the point of viability.

South Carolina

South Carolina does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at six weeks, before most people know they’re pregnant.

South Dakota

In May, South Dakota Secretary of State Monae Johnson validated signatures for a ballot measure that would restore Roe v. Wade, making abortion care legal in the first trimester and allowing the state to regulate abortion in the second and third trimesters—but on June 17, anti-abortion group Life Defense Fund sued to block it.

Life Defense Fund is accusing Dakotans for Health of failing to comply with statutory requirements, collecting invalid signatures, and misleading supporters. State GOP lawmakers adopted a resolution opposing the measure in February. 

Abortion is currently banned at all points of pregnancy in South Dakota, with limited exceptions.

Tennessee

Tennessee does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned, with limited exceptions.

Texas

The Lone Star State does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned, with limited exceptions.

Utah

Utah does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned after 18 weeks.

Vermont

The state does not currently have a ballot initiative in the upcoming election cycle. In November 2022, voters approved Proposition 5, which constitutionally protects abortion at any point during pregnancy.

Virginia

Virginia does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned after 26 weeks and 6 days.

Washington

Washington state does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at the point of viability.

Washington, D.C.

Washington, D.C. does not currently have a ballot initiative in the upcoming election cycle. Abortion is legal at all stages of pregnancy.

West Virginia

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned, with limited exceptions, and the state constitution includes language that explicitly excludes abortion rights.

Wisconsin

Wisconsin does not currently have a ballot initiative in the upcoming election cycle, though GOP Sen. Ron Johnson has advocated for a vote on a 12-week ban. The state bans abortion at 22 weeks.

Wyoming

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at the point of viability.

Correction: An earlier version of this story misstated Oregon’s current abortion policy. Oregon has no gestational limit on abortion care.

This piece was originally published on October 11, 2023.

The post Abortion Ballot Tracker: Where Your State Stands on Codifying Reproductive Rights appeared first on Rewire News Group.