How States Voted on Abortion This Election Day: Results from 10 States
On Election Day, voters across the U.S. not only cast their ballots for president but also addressed significant issues like marijuana legalization and abortion rights.
This year, ten states – Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota – had abortion-related measures on the ballot. Notably, Nebraska presented two conflicting propositions.
Many of these initiatives sought to either permit abortion until fetal viability (approximately 24 weeks) or to constitutionally protect abortion rights within the state.
Additionally, other states with existing abortion laws included constitutional amendments aimed at enhancing protections for abortion and reproductive healthcare.
In South Dakota, voters decided whether to safeguard abortion access within the first trimester. Meanwhile, New York voters were asked about expanding the state’s anti-discrimination law to cover protections based on “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health.”
Following the Supreme Court’s overturning of Roe v. Wade, which had guaranteed federal abortion rights, states have passed various legislations. At least 14 states have enacted near-total abortion bans, while others have codified the right to abortion or introduced laws to protect patients traveling from other states for the procedure.
During the 2022 midterm elections, five abortion-related measures were on the ballot. Californians, Michiganders, Vermonters, and voters in Kentucky and Montana supported initiatives to sustain abortion access. In contrast, Kansas rejected a proposed amendment to ban abortion that year.
In a recent 2023 off-year election, Ohio voters, in a Republican-leaning state, approved Issue 1, a measure to constitutionally protect abortion rights.
This cycle, voters also had the opportunity to reconsider some of the strictest abortion restrictions in the nation, including Florida’s six-week ban, or to leave current laws intact.
Below are the abortion measures from the ballots and how states voted as reported by the Associated Press.
Arizona: Proposition 139
What was on the ballot: The Arizona Abortion Access Act, known as Proposition 139, aimed to amend the Arizona Constitution to recognize abortion as a fundamental right.
Was it passed: Yes
What happens now: Proposition 139 nullifies Arizona’s previous 15-week ban, ensuring that abortion cannot be restricted by the government before the fetus is deemed viable outside the uterus as established by a healthcare professional. It also permits abortions post-viability (typically around 24 weeks) to safeguard the health—both physical and mental—of the pregnant individual, and forbids penalizing individuals who help others exercise their abortion rights.
With the measure’s passage, it will come into effect and eliminate the previous restrictions on abortions after 15 weeks of pregnancy.
Colorado: Amendment 79
What was on the ballot: Colorado’s Right to Abortion and Health Insurance Coverage Initiative, titled Amendment 79, sought to enshrine the right to abortion in the state constitution and allow the use of public funds for abortions.
Was it passed: Yes
What happens now: Amendment 79 bans state and local governments from obstructing abortion access or discriminating against those seeking it, while also ensuring that abortions are covered by state health insurance. Previously, Colorado was already one of nine states permitting abortion at any stage of pregnancy.
The approval of this measure means that abortion will remain legally protected in Colorado.
Florida: Amendment 4
What was on the ballot: Florida’s Right to Abortion Initiative, Amendment 4, aimed to revoke the state’s six-week abortion ban and adjust the Florida Constitution’s Declaration.
This initiative aimed to restrict abortion prior to viability or whenever a healthcare professional deems it necessary to safeguard the health of a patient.
Was it passed: No. The proposal received 57.1% of “Yes” votes, with 99% of ballots counted, but fell short of the required 60% for approval.
What happens now: Amendment 4 maintains the existing constitutional rule that mandates parental notification before a minor can have an abortion. Additionally, it introduces new language to Florida’s Constitution stating that “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.”
Since voters did not approve this initiative, current laws will remain unchanged.
Maryland: Question 1
What was on the ballot: Maryland’s Question 1, known as the Right to Reproductive Freedom Amendment, aimed to secure the right to “reproductive freedom” within the state constitution.
Was it passed: Yes
What happens now: Maryland already allows abortions up to viability, and post-viability when the mother’s health is at risk or in cases of fetal abnormalities. Question 1 will amend the Maryland Constitution’s Declaration of Rights to guarantee “reproductive freedom,” which includes the right to make and act upon decisions regarding one’s pregnancy.
Since voters approved this measure, it will take effect, ensuring the legality of abortion in Maryland.
Missouri: Amendment 3
What was on the ballot: Missouri’s Right to Reproductive Freedom Initiative, also known as Amendment 3, aimed to establish a fundamental right to “reproductive freedom” in the state constitution.
Was it passed: Yes
What happens now: Amendment 3 overturns the state’s near-total ban on abortion, granting the right to make choices about reproductive health care, which includes abortion and contraceptives, without government interference. Although the amendment allows for restrictions on abortion after fetal viability, these can only occur to protect the life or health of the woman. It also prohibits discrimination against those providing or seeking reproductive health care.
With the approval of this measure by voters, it will now become law. Currently, abortions in Missouri are largely banned with limited exceptions.
Montana: CI-128
What was on the ballot: Montana’s Right to Abortion Initiative, designated as CI-128, sought to amend the state constitution to affirm an individual’s right to “make and carry out decisions about one’s own pregnancy, including the right to abortion.”
Was it passed: Yes
What happens now: CI-128 enshrines in the state constitution the right to manage one’s pregnancy decisions, including abortion. It also bars the government from punishing, prosecuting, or taking harmful actions against individuals based on their pregnancy outcomes, as well as against those who assist others in obtaining an abortion. The existing law, which allows abortion up to viability and beyond when it is medically necessary to protect the health or life of the pregnant individual, will remain in effect.
Voters have passed this measure, meaning it will soon take effect. The amendment supports current laws that keep abortion legal.
Nebraska: Initiative 434 and Initiative 439
What was on the ballot: Nebraska featured two competing abortion initiatives for the November vote.
Initiative 434, known as the Prohibit Abortions After the First Trimester Amendment, proposed a constitutional change to ban abortions after the first trimester except in cases of medical emergencies, sexual assault, or incest.
The opposing measure, Initiative 439, the Right to Abortion Initiative, sought to guarantee the right to an abortion up to fetal viability in the state constitution.
Were the measures passed: Initiative 434 was passed, while Initiative 439 did not pass.
What happens now:
- The approval of Initiative 434 enshrines a prohibition on abortions after the first trimester in the state constitution.
- Since Initiative 439 was rejected, there will be no constitutional amendment in Nebraska to protect the right to abortion until fetal viability.
Nevada: Question 6
What was on the ballot: Nevada’s Right to Abortion Initiative, referred to as Question 6, proposed amending the state constitution to guarantee the right to an abortion up to viability, and in cases where the mother’s health or life is at risk afterward.
Was it passed: Yes.
What happens now: Existing state law already allows abortions up to 24 weeks. The measure will require voter approval a second time in 2026 to officially amend the constitution.
New York: Proposal 1
What was on the ballot: New York’s Equal Protection of Law Amendment, also known as Proposal 1, aimed to modify the New York Bill of Rights to ensure that no one’s rights are compromised based on “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
Was it passed: Yes
What happens now: The approval of New York Proposal 1 amends the Equal Protection Clause of the New York Constitution, prohibiting discrimination or violation of an individual’s civil rights by any person, company, organization, or state body based on factors such as “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” Consequently, New York’s existing law that permits abortions until 24 weeks, and beyond that under certain circumstances, remains unchanged.
With voter approval, this measure will be enacted. Abortion continues to be legal in New York.
South Dakota: Constitutional Amendment G
What was on the ballot: South Dakota’s Right to Abortion Initiative, or Constitutional Amendment G, aimed to reverse the state’s nearly complete ban on abortion and formally establish abortion rights in the state constitution.
Was it passed: No
What happens now: Since voters rejected the proposal, the current laws will remain intact. Abortion is still largely prohibited in South Dakota, with very few exceptions.
Contributing: Reuters
