Tracking Abortion Ballot Initiatives Across the States

Abortion is a key voter issue for the November 5th general election. In 2022, three  Supreme Court Justices appointed by former President Donald Trump voted to overturn Roe v. Wade, which protected the right to abortion up to fetal viability (when a fetus can survive outside of the womb; generally around 24 weeks) under the 14th Amendment right to privacy. The new justices made up half of the majority vote, leading people across the political spectrum to credit Trump with the decision. Democrats have fiercely attacked Trump for taking away women’s right to choose while many Republicans, specifically Trump’s evangelical base, have praised Trump for protecting the lives of fetuses. This has become an increasingly tough issue for Republicans in battleground states as the majority of voters are polling as pro-abortion. In response, Trump has shifted his messaging, emphasizing how abortion is now up to the states: “At the end of the day, this is all about the will of the people.” Since 2022, 13 states have banned abortion outright and eight states have set limits for abortion earlier than fetal viability. This general election, 10 states are voting on ballot initiatives concerning abortion protections and limitations. While Harris and Trump battle it out over abortion on the mainstage, these lesser-known local elections will decide the future of reproductive healthcare for many Americans. 

Nebraska’s ballot contains two competing measures. Both are citizen-initiated measures seeking to enshrine abortion law into the state Constitution. One, championed by pro-life groups, aims to continue the current 12-week ban with exceptions for medical emergencies, rape, and incest. The amendment proposed by pro-choice voter groups advocates for abortion protections up to fetal viability.

Arizona is a key swing state in the presidential election where abortion has been a contentious issue. Early this year, a pre-Civil War law banning abortion in all cases, except to save the life of the mother, was upheld by the Arizona Supreme Court, but later repealed by the legislature. The state currently maintains a 15-week limit on abortion, but it is being challenged by a ballot measure proposing to amend the state’s Constitution to protect abortion up to fetal viability. A New York Times and Siena College poll from September found that 58 percent of likely voters support the ballot measure.

In Florida, citizens initiated a ballot proposition to challenge the state’s current 6-week ban and enshrine in the state constitution protections for abortion until fetal viability. Florida’s Republican leadership, particularly Governor DeSantis, has been hostile to the proposition, known as Amendment 4. After a lawsuit was brought against it and the Florida Supreme Court ruled to keep it on the ballot, election officials have shown up at the homes of petition signatories to investigate fraud. The state-run Agency of Healthcare Administration has been running advertisements on its website and social media against Amendment 4. 

Missouri law currently bans abortion outright (with exceptions only for medical emergencies), but pro-choice advocates have introduced Amendment 3, a ballot measure that will protect abortion until fetal viability. Missouri has swung Republican since 2000, so many of the state’s leaders are more conservative and against the amendment. The battle over abortion has become heated with opponents pouring one million dollars into campaigning against Amendment 3, including billboards claiming it will legalize sex-change surgeries, though the proposition does not include that. 

South Dakota also has a strict abortion ban with only the exception of saving the life of the mother. In 2005, the legislature signed a trigger ban into law, so that if Roe v. Wade were overturned, abortion would immediately be banned. Dakotans for Health and other citizen groups have introduced Amendment G which seeks to amend the Constitution to protect access to abortion until the first trimester and allow some regulation in the second trimester as long as it is related to the health of the pregnant woman.

Colorado, Maryland, Nevada and Montana all currently have laws that protect abortion at least until fetal viability, but ballot measures in each state hope to secure reproductive freedoms by passing Constitutional amendments. 

New York’s ballot is also addressing reproductive health care explicitly within the wider Equal Rights Amendment, which would prohibit discrimination on the basis of sex, age, age, sexual orientation, pregnancy, and more. Along with Alexandria Ocasio-Cortez’s field team (Team AOC), the New York Civil Liberties Union (NYCLU), and other organizations, the American Civil Liberties Union (ACLU) Chapter at Stuyvesant has been volunteering to phonebank and canvas for the proposition. 

With no national abortion legislation in motion, these local elections will be pivotal in determining the future of abortion access. Keep your eye out for the outcome of these initiatives on November 5th!