Abortion on the Ballot: What Pro-Lifers Should Know

These ballot initiatives could reshape the abortion landscape

Following the reversal of Roe v. Wade, abortion has become a pivotal issue in politics. With regulations now determined at the state level, pro-choice advocacy groups have mobilized efforts to place abortion-related initiatives on the ballot in 10 states, including Arizona, New York, and Florida. 

Upcoming ballot measures will serve as a test to gauge public sentiment on the issue of abortion.

According to Pew Research, public support for legal abortion has remained stable over the past several years. Polling indicates that 63 percent of adults in the U.S. say that abortion should be legal in all or most cases, while 36 percent say abortion should be illegal in all or most cases.

Six states, such as California and Kansas, have already enshrined abortion rights in their state constitutions. As 10 more states consider abortion measures in this election, the outcomes could profoundly reshape the landscape of abortion in the U.S.

The following is a breakdown of the abortion measures on the ballot of each state:

Arizona:

This November, Arizonans will vote on Proposition 139, also known as the Right to Abortion Initiative.

If passed, Proposition 139 would amend the Arizona Constitution to enshrine the right to abortion until fetal viability, the moment in pregnancy when the fetus can survive outside the uterus without the need for extraordinary medical measures. It would also protect the right to an abortion after fetal viability if a healthcare professional deems it necessary to protect the mother’s life, as well as her physical or mental health.

Additionally, it would prohibit laws that penalize a person for assisting an individual with obtaining an abortion.

Abortion in Arizona is currently legal up to 15 weeks of pregnancy following a legislature-approved repeal of an 1864 near-total abortion ban. The Arizona Supreme Court revived the 1864 law in April but later agreed to delay enforcement. In May, Arizona Gov. Katie Hobbs signed H.B 2677,  which took effect on Sept. 14 and means the territorial ban is no longer in play.

Colorado:

While abortion is currently legal through all nine months of pregnancy in Colorado, abortion rights advocates seek to strengthen these protections by adding Amendment 79 to the state ballot this election.

Amendment 79 would enshrine the right to an abortion in the state constitution. It would also prohibit lawmakers from placing restrictions on abortion and repeal the existing ban on state and local government funding for abortion services.

To pass, the amendment would need 55 percent of the vote. 

Florida:

In May, Florida’s six-week abortion ban went into effect, replacing the 15-week abortion ban that was previously enacted following the reversal of Roe v. Wade. The law includes exceptions for abortions in cases of rape, incest, or to save the pregnant woman’s life or prevent “irreversible physical impairment of a major bodily function.”

Voters will determine whether these restrictions will remain in place by voting on Amendment 4. If Amendment 4 passes, access to abortion before viability would become a state right. 

However, the amendment would require a 60 percent supermajority of the vote to pass.

Maryland:

Abortion is currently legal until fetal viability in Maryland. Voters in Maryland will decide whether or not to enshrine abortion rights under Question 1: The Right to Reproductive Freedom Amendment. 

Question 1 would amend the Maryland Constitution to include a right to “reproductive freedom,” which is defined as “the ability to make and effectuate decisions to prevent, continue, or end one’s own pregnancy.” The language of the proposed amendment does not explicitly mention abortion, so it can encompass a broad range of reproductive services such as abortion, IVF, and contraception.

Missouri:

Abortion is on the ballot in Missouri under Amendment 3. Amendment 3 would add the right to “reproductive freedom” in the Missouri Constitution, which would include but is not limited to prenatal care, birth control, and abortion. While Missouri currently protects abortion access, it would allow the state legislature to enact laws that restrict abortion after fetal viability, except when medically necessary.

Missouri law currently bans abortion except when necessary to save the life of the mother or to prevent a serious risk to the health of the mother. It also requires minors seeking an abortion to receive parental consent for the procedure.

Montana:

In Montana, voters will cast their votes on CI-128: The Right to Abortion Initiative. This amendment would enshrine “the right to make and carry out decisions on one’s own pregnancy, including the right to abortion” in the state constitution. However, it would allow for the state to regulate abortion after fetal viability unless medically necessary.

Abortion in Montana is currently legal until fetal viability. In August, the Montana Supreme Court also ruled that parental consent is not required for a minor to receive an abortion.

Nebraska:

Nebraska has two competing abortion measures on its ballot in November: Initiative 434 and Initiative 439.

Initiative 434 would amend the Nebraska Constitution to prohibit abortion in the second and third trimester, with exceptions for medical emergencies, as well as rape or incest.

Initiative 439, on the other hand, would amend the Nebraska Constitution to provide all persons a right to abortion until fetal viability.

Currently, Nebraska has a 12-week abortion ban with the exceptions of medical emergencies and cases of rape or incest. If Initiative Measure 439 passes, these restrictions will be overturned.

Nevada:

Abortion in Nevada is currently legal up to 24 weeks of pregnancy, near fetal viability. 

Nonetheless, abortion rights are on the ballot as voters will decide whether or not to amend the Nevada Constitution. Question 6 would allow abortion up to fetal viability, the definition of which would be determined by the provider. It would also permit abortions if the physician determines the pregnancy presents a risk to the mother’s life. 

However, this measure must pass twice before it can be adopted in the state constitution. In other words, voters will have to approve the amendment in the election this November and again in 2026.

New York:

Like many other states, New Yorkers will hit the polls this November to decide whether abortion should be codified in the state constitution under Proposition 1. 

Proposition 1 would update the state’s Equal Rights Amendment language to include “gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy” as a protected class. This use of broad language aims to protect access to IVF and contraception, in addition to abortion.

Abortion is currently legal in New York up to 24 weeks of pregnancy or after if the mother’s health or pregnancy is at risk. 

South Dakota:

Following the reversal of Roe v. Wade in 2022, South Dakota’s trigger ban went into effect, which prohibits abortion in all cases except when necessary to save the life of the mother.

This election, South Dakotans will vote on Amendment G to decide whether or not to expand abortion access by enshrining abortion rights in the state constitution. If it passes, Amendment G would guarantee abortion rights in the first trimester of pregnancy, around 12 to 13 weeks. However, it would allow the state to regulate abortion in the second and third trimesters unless necessary to protect the “life” or “ health” of the mother. 

According to the Life Defense Fund, one of South Dakota’s leading pro-life organizations, the broad language of Amendment G opens the door for a dangerous range of interpretations that could remove the requirements for parents to be notified if their underage daughter obtains an abortion, override requirements for abortionists to follow basic health and safety standards, and allow for abortion up until the ninth month