State Abortion Rights Ballots

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Khaleda Rahman

By Khaleda Rahman

National Correspondent

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Voters in at least four states will have a say on abortion rights this fall.

There have been increased efforts to put abortion rights questions to voters since the U.S. Supreme Court overturned Roe v. Wade in the summer of 2022, ending constitutional protections for abortion.

Since then, most Republican-controlled states have new abortion restrictions in effect, including 14 that ban it at every stage of pregnancy. But voters have sided with abortion rights supporters every time the issue has been on the ballot since Roe's demise.

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State Abortion Rights Ballots

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Measures to enshrine abortion access are securely on the ballot in Colorado, Florida, Maryland and South Dakota.

But efforts remain underway to get abortion-related measures on the ballot for voters in a number of other states, including Arizona, Nevada and New York.

Where is abortion on the ballot in November?

Colorado

The Colorado Secretary of State's office confirmed in May that a measure to enshrine abortion protections into the state constitution made the ballot for the November election. The measure, if approved, would include requirements that Medicaid and private health insurers cover abortion.

The support of 55 percent of voters will be needed to amend the state constitution.

Abortion is legal at all stages of pregnancy in Colorado.

Florida

The Florida Supreme Court ruled in April that a measure to enshrine abortion access until fetal viability, around 24 weeks of pregnancy, in the state constitution could go on the ballot in November.

State Attorney General Ashley Moody had asked the court to block the referendum, arguing that the term "viability" is vague.

Constitutional amendments in Florida require at least 60 percent of the vote.

Abortion is banned after the first six weeks of pregnancy in Florida under a law that took effect May 1.

Maryland

Voters in Maryland will be able to choose in November to enshrine the right to abortion in the state constitution.

The measure would add a new section that guarantees a right to reproductive freedom, including "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy."

Abortion is allowed in Maryland until fetal viability. The state approved legislation in the early 1990s to protect abortion rights if the U.S. Supreme Court were to allow abortion to be restricted.

South Dakota

South Dakota voters will decide on a measure that would ban the state from regulating abortion before the end of the first trimester of pregnancy.

In the second trimester, the state "may regulate the pregnant woman's abortion decision and its effectuation only in ways that are reasonably related to the physical health of the pregnant woman," the proposed amendment says.

The state can regulate or ban abortion in the third trimester, as long as it included exceptions for the life and health of the woman.

Abortion is currently banned in South Dakota, except to save the life of the mother.

Where else could abortion be on the ballot?

Arizona

Abortion rights supporters have been collecting signatures for a ballot measure that would add a constitutional right to abortion. They must gather nearly 384,000 valid signatures by July 4.

Under the measure, the state would not be able to ban abortion before fetal viability.

Abortion is banned after 15 weeks of pregnancy in Arizona. A near-total ban on abortions could be enforceable in the state over the summer until a repeal of an 1864 law, passed in May, takes effect.

Arkansas

In Arkansas, supporters of an amendment that would make abortion legal in the state must gather nearly 91,000 signatures by July 5 for it to get it on the ballot in November.

The proposed amendment to the state constitution would allow abortion through the first 18 weeks of pregnancy. It would also allow abortion later in pregnancy in cases of rape, incest, fatal feral anomaly or threats to the woman's health or life.

The state currently bans abortion in almost all circumstances.

Missouri

Abortion rights advocates in Missouri said they turned in almost twice the number of signatures to put an abortion measure on the ballot in November.

Election officials have until July 30 to verify the signatures, then Republican Secretary of State Jay Ashcroft must announce if there were enough valid signatures to put the measure to voters.

If approved, the amendment would ensure abortion rights until fetal viability.

Missouri outlawed abortions, except in case of medical emergencies, after the U.S. Supreme Court overturned Roe.

Montana

Abortion rights supporters in Montana have until June 21 to gather 60,000 signatures to put a constitutional amendment safeguarding abortion rights to voters in November.

If approved, it would amend the state constitution "to expressly provide a right to make and carry out decisions about one's own pregnancy, including the right to abortion."

It would bar the government from denying the right to abortion before viability or when "a treating healthcare professional determines it is medically indicated to protect the pregnant patient's life or health."

Abortion is legal until viability in Montana.

Nebraska

Three groups are collecting signatures to put abortion-related constitutional amendments on the November ballot.

The Nebraska Right to Abortion Initiative would enshrine the right to abortion until fetal viability. It needs almost 125,000 signatures by July 5.

The Prohibit Abortion Procedures and Drugs Initiative would prohibit abortion procedures and drugs except in cases to preserve the life of the mother. It needs to collect just over 87,000 signatures by July 5.

A third effort, the Nebraska Prohibit Abortions After the First Trimester Amendment, would prohibit abortions after the first trimester unless there is a medical emergency or unless the pregnancy is a result of sexual assault or incest. The measure needs nearly 125,000 signatures by July 5.

Abortion is banned after 12 weeks of pregnancy in Nebraska.

Nevada

Nevadans for Reproductive Freedom said last month they had turned in almost twice as many signatures as needed to put abortion on the state's ballot in November. Election officials must now certify the signatures.

The measure would amend the state constitution to ensure "a fundamental, individual right to abortion" until fetal viability. Nevada would be allowed to regulate abortion after viability, except where necessary to protect the life or health of the mother.

If the measure is on the November ballot and passes, voters would need to approve it again in 2026 to amend the state constitution under Nevada law.

New York

A New York judge last month blocked an equal protection amendment from the November ballot, saying legislators had made a procedural error during an earlier round of approval.

New York Attorney General Letitia James, a Democrat, said she would appeal the decision, adding that New Yorkers "deserve to be protected by their Constitution."

The measure would amend the state constitution to prohibit discrimination based on "pregnancy outcomes" and "reproductive healthcare," as well as ethnicity, national origin, age, disability, sex, sexual orientation, gender identity and gender expression.

Abortion is allowed in New York until fetal viability.

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