The ten states where abortion is directly on the ballot in the election

While abortion has been a central issue in the 2024 presidential race, and it is also on the ballot in ten states in the November election. 

It could be a driving force to get some people to the polls as abortion access has been a mobilizing one since Roe v Wade was overturned ending the national right to an abortion and sending abortion access back to states. 

Since the Supreme Court overturned Roe with the Dobbs decision in June 2022, 21 states have banned abortion or passed further restrictions beyond Roe. 

But since Roe fell, multiple states have given voters a say on whether to protect or further restrict abortion rights. 

For every abortion measure that has been on a ballot so far, be it to protect, expand access or restrict it, voters have opted to protect abortion rights including in red states such as Ohio and Kansas. 

Voters in ten states will get to vote on abortion ballot initiatives in the November 5 election

On Election Day, voters in ten states will get to vote on abortion ballot initiatives in their state including two in presidential battleground states and one in Donald Trumps home state of Florida which he said he would vote against.

Here are the abortion ballot measures going before voters on November: 

Arizona

In Arizona, voters will get to decide on Proposition 139. The ballot measure would establish the fundamental right to an abortion and prohibit the state from restricting or banning abortion before viability. 

A yes vote supports amending the state Constitution while a no vote would oppose amending it to protect the right to an abortion. 

Signs in favor of Proposition 139 in Arizona which would amend the state constitution to enshrine the right to an abortion

Anti-abortion protesters holding signs opposing Proposition 139 in Arizona

The amendment needs more than 50 percent of support to pass, but a recent New York Times/Siena poll found 58 percent of voters plan to support it.

It comes after Arizona was front and center in the fight for abortion rights earlier this year after the Arizona Supreme Court let the state enforce a 1864 abortion criminalizing abortion except when the life of the mother is in jeopardy. 

It received outrage nationwide and left lawmakers scrambling in the state. Republicans in the state legislature first blocked efforts to repeal the ban before three GOP members sided with Democrats two weeks later to pass legislation which the states Democratic governor signs.

Arizona also is a battleground state in the presidential race but has a major Senate race, so turnout is expected to be high for the election.

Colorado

While abortion is legal in Colorado, voters there will get to decide on Amendment 79 which would create the right to an abortion in the state Constitution and allow the use of public funds for abortion. 

A yes vote in favor of the amendment enshrines the right while a no vote would oppose adding it to the state constitution. 

In 2022, the state legislature passed a bill ensuring the right to an abortion remained legal there, but the amendment on the ballot would prevent the legislature from future restrictions. 

Florida

Florida has one of the most high-profile fights for abortion rights in the country with Amendment 4. 

It comes after the Republican-controlled state legislature first passed a 15 week ban on abortion in 2022 and then a six week ban last year, which GOP Governor Ron DeSantis signed into law. 

The amendment would add language to the Florida Constitution stating no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. 

It still preserves current language that allows a law requiring parents to be notified before a minor can get an abortion. 

Yes on 4 campaign material to end Floridas six week abortion ban with an amendment to the states constitution being voted on November 5

Supporters say it will return health care decisions to women and their doctors, but critics claim the language is too vague.  

Trump earlier this year said he would vote against Amendment 4 after some initial confusion despite claiming he does not agree with the states six week ban. 

Florida Governor Ron DeSantis speaking against Amendment 4 on October 21

Polling has showed a majority of voters in Florida support the amendment even though Trump and DeSantis are against it. 

This could potentially lead to some mixed results with voters in the state supporting the amendment while also voting for the ex-president who is against it in his home state and nominated three of the six justices that overturned Roe.

Maryland 

Abortion is currently legal in Maryland without limits, but there is a ballot measure in the state to preserve it.

A yes vote on Maryland Question 1 would add a new article to the state Constitutions Declaration of Rights that establishes the right to reproductive freedom including the ability to make decisions about preventing, continuing or ending ones own pregnancy. 

A no vote would reject adding the language.

Missouri

Voters in Missouri will be voting on Amendment 3, which would add the fundamental right to reproductive freedom to the state Constitution including abortion and all matters relating to reproductive health care. 

The measure, also known as the Right to Reproductive Freedom Initiative, comes as the state has one of the strictest abortion bans in the country with no exceptions for rape or incest.

If passed, Amendment 3 would establish the right to make reproductive health care decisions including on abortion without interference up until fetal viability, which is around 22 to 24 weeks into pregnancy. 

Activists celebrating outside the Missouri Supreme Court after it ruled Amendment 3 could stay on the ballot in November 

A sign against Amendment 3 in Missouri ahead of voters in the red state heading to the polls

Missouri was the first state to implement an abortion ban after Roe was overturned in 2022.  

Montana 

Abortion in the red state of Montana is currently protected up until fetal viability due to a state Supreme Court decision. However, on November 5, voters there will get to vote on adding abortion protections to the state Constitution.    

Voting yes on Montana CI-128 would add language to protect the ability to make decisions about ones own pregnancy including on abortion up until fetal viability. 

A no vote on the measure would oppose changing the state Constitution. 

It comes after voters in the state rejected a ballot measure in 2022 that could have led to further restrictions in the state.  

Nebraska 

Nebraska has two ballot measures dealing with abortion on its ballot this November as the state currently bans abortion after twelve weeks. 

Initiative 434, from Protect Women and Children Nebraska, prohibits abortion after the first trimester except in cases of medical emergencies or if the pregnancy is the result of rape or incest. A yes vote would ad restrictions while a no vote rejects them.

Separately, Initiative 439, led by Protect Our Rights, protects the right to an abortion in the state Constitution up until fetal viability. On this measure, a yes vote adds abortion protections while a no vote rejects them.

Protesters at the state capitol in Lincoln, Nebraska as lawmakers worked to pass the 12-week abortion ban in the state in May 2023

Abortion rights activists have accused conservatives of attempting to confuse voters in the state while encouraging people to remember they need to vote on two separate ballot measures - for one and against the other. 

Nevada 

Nevada is another battleground state where voters will also get to vote directly on abortion on November 5. The state protects access to abortion in the first 24 weeks of pregnancy. 

Nevada Question 6 is an initiative that would enshrine abortion rights in the states Constitution up until fetal viability. 

A yes vote would add the language protecting abortion while a no vote would reject adding abortion protections to the state Constitution. 

New York 

While abortion is legal in the state, advocates are aiming to prevent future restrictions with a measure this November. 

Proposition 1 is an amendment protecting against unequal treatment. A yes vote would add language to the state Constitution to include protections against discrimination based on ethnicity, age, disability, sex, gender identity, pregnancy, reproductive health care, autonomy and more. 

While the amendment does not specifically use the word abortion it would enshrine it as part of a broader set of rights in the Constitution.  

Those who oppose it point out that abortion is already legal in the state and claim changing the Constitution is not necessary. 

South Dakota

Abortion is banned in South Dakota including in cases of rape and incest, but voters will get a say on the issue there on November 5 with Constitutional Amendment G, also known as the Right to Abortion initiative. 

A yes vote would enshrine the right to an abortion in the state Constitution with a trimester framework for regulating it. 

The state would be blocked from regulating abortion in the first trimester and only would allow for limited regulations in the second trimester. 

A no vote rejects adding the language to the states Constitution, thus keeping the states almost total abortion ban in place.