With just 21 days until the November 2024 General Election, it is essential to mobilize people to vote for their rights. One of those key rights that will be put to the test is abortion access. As of May, 63% of people polled said that they believe that abortion should be legal in all or most cases, while only 36% of people said that they think it should be illegal in all or most cases [i]. Now, the question of abortion access being a protected right goes to 10 states in the 2024 General Election. These states are Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota.
Ballot Initiatives By State for the November 2024 General Election:
Arizona (Proposition 139)
Proposition 139 is a proposition being included on the Arizona ballot that would establish in the state’s constitution a fundamental right to abortion access before fetal viability which is defined as “the point of pregnancy when there is significant chance of the survival of the fetus outside of the uterus without the application of extraordinary medical measures,” [ii]. A yes vote would effectively overturn the previous ban, which only allows abortions up to 15 weeks into a pregnancy and would ensure little to no state interference in a woman’s reproductive healthcare [ii]. Arizona for Abortion Access is the grassroots organization that has been supporting this ballot initiative [iii]. In order to get the initiative on the ballot, the organization needed 15% of Arizona voters to sign the petition [iv]; Arizona for Abortion Access was able to get 20% [v]. Additionally, this organization has been active in planning protests, rallies and campaigns, especially against the attempts by the Arizona state anti-abortion groups to get this initiative off the ballot [iii].
Colorado (Amendment 79)
A yes vote for Amendment 79 would stop state and local governments from interfering in a woman’s choice to get an abortion and would “allow abortion to be a covered service under health insurance plans,” [ii]. This would replace the 1984 Colorado Article in the state constitution that did not allow for public funds to be used for abortions [ii]. Coloradans for Protecting Reproductive Freedom has been a vital champion of the campaign to support this initiative [ii]. They have an active website which allows people to sign up to donate, phone bank, and pledge to vote in support of this initiative in November [vi]. They also were incredibly successful in their efforts to get this initiative on the ballot, getting over 225,000 signatures, which is twice the amount required in Colorado [vii].
Florida (Amendment 4)
Voting yes on Amendment 4 in Florida would put the right to abortion before fetal viability in the state constitution which is at about 24 weeks or “when necessary to protect the woman’s health” [ii]. While the amendment has been successful in making it on to the ballot in November, there has been an increasing number of moves by anti-abortion groups to try to prevent this initiative from appearing on the ballot and/or from being passed. For example, members from the pro-life movement in Florida tried to stop the initiative from appearing on the ballot; fortunately, the challenge was defeated in the Florida Supreme Court [viii]. Unfortunately, the movement was successful in forcing the ballot to have a message that states, “the measure would result in ‘significantly’ more abortions and fewer live births, which ‘may negatively affect the growth of state and local revenues over time’,” [v]. Additionally, the initiative faces one of the toughest challenges in passage, having to get 60% of voters to vote yes [v]. Floridians Protecting Freedom has been the main force behind supporting the ballot initiative to try and win the necessary 60% of voter support in November [ix]. They educate people about the facts of the amendment to mitigate misinformation and they also have opportunities to donate and volunteer on their website [ix].
Maryland (Question 1)
Question 1 would alter the state’s Declaration of Rights to include a guaranteed “right to reproductive freedom”, which includes the right to abortion access [ii]. A yes vote would ensure that this right is protected within Maryland’s state constitution [ii]. While abortion is legal in Maryland up until fetal viability, this ballot measure would enshrine the right to abortion access in the Declaration of Rights so that it can’t be reversed by the state legislature [vii]. Currently, Freedom in Reproduction Maryland is leading the campaign to support this initiative [ii]. Their movement is focused on getting the word out about this amendment, gathering donations for their cause, and making sure that the public stays informed about any updates involving this ballot initiative [x].
Missouri (Amendment 3)
A vote of yes on Amendment 3 is a vote to amend the Missouri state constitution to codify a woman’s right to reproductive freedom [ii]. An additional aspect of this amendment allows for the state legislature to put laws in place that would regulate abortions after fetal viability with wording that allows for medical providers to decide what the best course of action would be for the fetus and for the mother [ii]. Missourians for Constitutional Freedom has been gaining support for this initiative by educating the public about the amendment and asking people to volunteer in the fight to help spread their message [xi].
Montana (CI-128)
By voting yes on CI-128, a person would be voting to amend the Montana state constitution to include the right to abortion access [ii]. The amendment would allow the state to regulate abortions after fetal viability, but with exceptions to “protect the life or health of the pregnant patient,” [ii]. Abortions are legal under the current law until fetal viability, but this measure would ensure that this right is codified in the state constitution [ii]. Montanans Securing Reproductive Rights is the organization that has been advocating for the passage of this amendment [ii]. They have been working closely with national organization chapters in their state, such as Planned Parenthood Advocates of Montana and ACLU Montana, as well as using video and social media campaigning to spread the word about this amendment [xii].
Nebraska Opposing Bills (Right to Abortion vs. Prohibit Abortions After The First Trimester)
Nebraska’s ballot this year is unique in regard to the right to abortion access. There are two competing ballots that would either amend the constitution to ban abortions after the first trimester or give women the right to abortion up until fetal viability.
A yes vote on the Right to Abortion Initiative (Initiative 439) would “amend Article I of the Nebraska Constitution” to ensure that a woman has the right to get an abortion up until fetal viability [ii]. Current Nebraska law only allows abortions up until 12 weeks into the pregnancy, so this would be a substantial increase and expansion of women’s reproductive rights [ii]. Protect Our Rights is leading the support for this initiative by advertising the difference between the two initiatives and clearly stating which initiative to support and which to vote against [xiii]. They also have additional endorsements from many organizations in Nebraska as well as clear information on what the importance behind passing this initiative would be for women’s reproductive health rights [xiii].
A no vote on Prohibit Abortions After the First Trimester Amendment (Initiative 434) would make sure that an amendment to ban abortions after the first trimester would not make it on to the Nebraska state constitution [ii]. The amendment only allows for abortion exceptions after the first trimester if the pregnancy is the result of sexual assault or incest [ii]. Protect Women and Children is leading this anti-abortion initiative [ii].
Nevada (Question 6)
Voting yes on Question 6 would implement a state constitutional right to abortion access up until fetal viability [ii]. The amendment does allow state regulation after fetal viability, but permits doctors to make the discretionary choice to perform abortions if it would “protect the life or health of the pregnant patient,” [ii]. Abortion is currently legal in Nevada until 24 weeks of a pregnancy (fetal viability), but this measure would provide more specific guidelines and ensure that this right is codified in the state constitution [ii]. Nevadans for Reproductive Freedom is the grassroots organization that has worked to ensure that reproductive freedom is a right for all Nevadan women and that the choice “should be left to women and their doctors – not politicians” on what they can do with their reproductive health [xiv].
New York (Proposal 1)
Voting yes on Proposal 1 in New York would not only guarantee the right to abortion access for all women, but would amend the Equal Protection Clause in the New York Constitution to “prohibit the denial of rights to an individual based on their ‘ethnicity, national origin, age, [and] disability,…sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy’,” [ii]. New Yorkers for Equal Rights has been actively advertising the importance of voting yes on this proposal by pinpointing the exact protections that would be granted and protected in the New York state constitution if passed [xv].
South Dakota (Amendment G)
A vote of yes for Amendment G would implement a “trimester framework” for determining abortion legality [ii]. In the first trimester, the state would not be allowed to regulate abortions; in the second trimester, the state may intervene but “only in ways that are reasonably related to the physical health of the pregnant woman,”; lastly, in the third trimester, the state could regulate or ban abortions except “when abortion is necessary in the medical judgment of the woman’s physician, to preserve the life and health of the pregnant women,” [ii]. This is a vast improvement in South Dakota for the right to abortion access because currently, abortion is completely banned with the only exception being to save the life of the mother [ii]. Dakotans for Health is the coalition that has been supporting this initiative, with over 500 organizations collectively working to give South Dakotans the right to abortion access [xvi]. They have been campaigning for this initiative by selling “Freedom Amendment G” yard signs and trying to get people to join the movement’s efforts [xvi].
Grassroots organizations in each of these states have been working tirelessly to fight for reproductive rights and pushing for people to vote to codify these rights in their state’s constitutions. They have worked to organize rallies, protests, and gain the support of all the voters around them. NOW’s National Action Campaign recognizes the fundamental right that women should have to get an abortion and provides a central location for individuals to find resources, campaigns to take action, and tools for activists. Please visit https://now.org/nap/reproductive-justice/ to learn more about how you can make a difference in protecting women’s reproductive healthcare needs and standing by those who are fighting for abortion to be accessible to all.
By Caitlin Kulperger Government Relations Intern
Sources Cited
[i] https://www.pewresearch.org/religion/fact-sheet/public-opinion-on-abortion/
[ii] https://ballotpedia.org/2024_abortion-related_ballot_measures_and_state_context
[iii] https://www.arizonaforabortionaccess.org/
[iv] https://azsos.gov/elections/ballot-measures/initiative-referendum-recall/initiatives
[vi] https://coloradansforreproductivefreedom.com/
[vii] https://time.com/7018665/abortion-ballot-measures-2024/
[ix] https://floridiansprotectingfreedom.com/
[x] https://mdreprofreedom.com/
[xi] https://moconstitutionalfreedom.org/
[xii] https://mtreprorights.org/
[xiii] https://protectourrights.com/
[xiv] https://www.nv4reprofreedom.org/
[xv] https://www.nyequalrights.org/ [xvi] https://www.dakotans4health.com/abortion-rights-south-dakota