Voters in Colorado and South Dakota will have a say on abortion rights this fall after supporters collected enough valid signatures to place measures on the ballot. This is part of a nationwide effort to ask voters questions about abortion rights since the U.S. Supreme Court struck down the nation’s right to abortion.
South Dakota’s top elections official announced Thursday that he had completed the validation process and made the measure available to voters in the conservative state, where Roe v. Wade passed a trigger law banning almost all abortions.
The Colorado measure officially came to the vote Friday and would enshrine abortion rights in the constitution in a state that already allows abortions at all stages of pregnancy.
Since that 2022 decision, most Republican-controlled states have up-to-date abortion restrictions in place, including 14 that ban abortions at any stage of pregnancy. Most Democratic-led states have laws or executive orders protecting access.
Additionally, voters in seven states – California, Kansas, Kentucky, Michigan, Montana, Ohio and Vermont – have sided with abortion rights supporters on ballot measures.
It’s not yet clear how many states will vote on measures to enshrine abortion access in November. In some cases, the question arises as to whether proponents of the change can obtain enough valid signatures. In other cases it is a matter for the legislature. And there are legal disputes in some states.
Some efforts to restrict or ban abortions also failed in the vote. In Wisconsin, the House of Representatives approved a measure asking voters to ban abortions after 14 weeks, but the legislative session ended without a vote from the state Senate. Likewise, Iowa lawmakers ended their session without approving a measure asking voters to determine that there is no constitutional right to abortion. Pennsylvania lawmakers have previously sought a similar change, but it is not expected to be placed on the ballot this year. A measure in Louisiana to enshrine abortion rights in the state constitution failed in committee, and a measure in Maine effectively failed because it did not receive approval from two-thirds of the House of Representatives.
What’s certain to be on the 2024 ballot?
FLORIDA
The state Supreme Court ruled April 1 that a ballot measure to legalize abortion to the point of viability could come to the ballot, despite a legal challenge by Attorney General Ashley Moody. Key terms in the proposed measure are not properly defined.
Supporters collected nearly a million signatures to place a state constitutional amendment legalizing abortion to the point of feasibility on the ballot, exceeding the required number of nearly 892,000.
For it to come into force, 60 percent of voters would have to agree.
Under a law that took effect May 1, abortion is currently illegal in Florida after the first six weeks of pregnancy.
MARYLAND
This year, voters in Maryland will also be asked to enshrine the right to abortion in the state constitution. The state already protects the right to abortion under state law, and Democrats outnumber Republicans 2-1. Abortion is legal in Maryland until it is viable.
SOUTH DAKOTA
South Dakota voters will decide this fall on a measure that would ban any restrictions on abortion in the first trimester of pregnancy. It would allow the state in the second trimester “to regulate the pregnant woman’s abortion decision and its performance only in a manner that is reasonably related to the physical health of the pregnant woman.” An abortion ban would be permitted in the third trimester, subject to exceptions for the life and health of women.
The state’s top election official announced Thursday that about 85% of the more than 55,000 signatures submitted in support of the ballot initiative were valid, exceeding the required 35,017 signatures.
Opponents have until June 17 to file an objection with the State Department.
COLORADO
Colorado’s top elections official confirmed Friday that a measure to enshrine abortion protections in the state constitution, including requiring that Medicaid and private health insurers cover them, was on the ballot for the fall election.
Supporters said they had collected over 225,000 signatures, nearly double the 124,000-plus signatures required.
Changing the state constitution requires the support of 55% of voters.
Those supporting a dueling measure — a law banning abortion — have not submitted signatures, and the measure will not go before voters.
Abortion is legal in Colorado at all stages of pregnancy.
Where else could abortion be on the ballot in 2024?
ARIZONA
A signature drive is currently underway to establish a constitutional right to abortion in Arizona. Under this measure, the state would not be able to ban abortions until the fetus is viable, with later abortions permitted to protect a woman’s physical or mental health. Supporters must collect nearly 384,000 valid signatures by July 4th.
Abortion is currently legal in Arizona during the first 15 weeks of pregnancy. An April ruling by the Arizona Supreme Court said enforcement of a near-total ban that was already in effect could begin soon. The governor has since signed a bill repealing this law. However, it is expected to remain in force for some time.
ARKANSAS
Supporters of an amendment that would allow abortion in many cases must collect nearly 91,000 signatures by July 5 to get it on the November 5 ballot. The measure would prohibit laws prohibiting abortions in the first 20 weeks of pregnancy and allow abortions later in pregnancy if there is rape, incest, a threat to the woman’s health or life, or if the fetus is unlikely to survive birth survived. Because abortions can be banned starting at 20 weeks of pregnancy, the proposal has no support from Planned Parenthood Great Plains, which includes Arkansas. The state currently bans abortions at all stages of pregnancy, with few exceptions.
MISSOURI
Abortion rights advocates in Missouri submitted more than 380,000 signatures – more than double the required 171,000 – for a measure that would ask voters to approve a constitutional amendment to guarantee abortion until it is feasible.
A group of moderate Republicans has abandoned efforts this year to propose an alternative amendment that would have allowed abortions up to 12 weeks, with few exceptions after that.
Abortions are currently banned in Missouri at all stages of pregnancy, with a few exceptions.
MONTANA
Abortion rights advocates in Montana have proposed a constitutional amendment that would prohibit the government from denying the right to abortion before viability or when necessary to protect the life or health of the pregnant person. After a legal battle over ballot language, the Montana Supreme Court on April 1 wrote its version of the language that would appear on the ballot if supporters collected more than 60,000 signatures by June 21. Abortion is legal in Montana under a 1999 law pending an opinion from the Montana Supreme Court.
NEBRASKA
Supporters are trying to collect about 125,000 signatures by July 5 to put before voters a constitutional amendment protecting the right to abortion until the fetus is viable. A competing petition would add a constitutional amendment that mirrors a law passed last year that bans abortions after 12 weeks, with some exceptions.
NEVADA
Signatures are being collected to place an abortion access amendment on the ballot in Nevada in November. Under the amendment, access to abortion for the first 24 weeks of pregnancy — or later to protect the health of the pregnant person — would be enshrined in the state constitution. This access is already guaranteed by a law passed in 1990. More than 102,000 valid signatures are needed by June 26 to place the measure on the ballot. To amend the Constitution, voters would have to approve it in both 2024 and 2026.
The measure is one of several attempts by abortion rights groups in Nevada to put a ballot question before voters in 2024 or 2026.
NEW YORK
Earlier this month, a judge removed an equal protection amendment affecting reproductive health from the November ballot, finding that lawmakers overlooked a procedural step when they put it there.
Attorney General Letitia James said she would appeal the ruling.
The measure would prohibit discrimination based on “pregnancy outcomes” and “reproductive health care,” as well as gender, sexual orientation, gender identity, national origin and disability. The language does not specifically provide for the right to abortion in New York, where it is currently permitted until feasible.
