The 10 states where the right to an abortion is on the ballot in 2024

Voters in 10 states, including the battleground states of Arizona and Nevada, will be weighing proposed abortion amendments on their ballots this year, deciding whether or not to protect the right to an abortion in their state constitutions.

The U.S. Supreme Court’s Dobbs ruling in 2022 overturned Roe v. Wade and exacerbated the country’s hodgepodge of abortion laws. But in the years since, voters in multiple states have broadly approved ballot measures to expand and secure abortion rights while striking down proposals to restrict abortion access. Political candidates have also found abortion rights to be a winning topic with constituents.

This year, with 10 states set to vote on abortion ballot measures and a slew of high-stakes races, Democrats are hoping that the popularity of abortion rights will translate into wins for the policy — and their party. Meanwhile, Republicans in several states have tried hard to strike down the proposals before voters can get to the polls.

Here’s where voters will decide on abortion rights on Election Day.

A citizen-initiated ballot measure in Arizona would protect the right to abortion and prevent the state from restricting access to the procedure until around 24 weeks, or when a fetus can survive outside the womb. The proposal is likely to pass; a New York Times/Siena College poll from September found that 58% of likely voters said they support the amendment. The measure’s passage would undo a current state ban on abortions after 15 weeks, with no exceptions for rape or incest.

In Colorado, one of a handful of states that does not restrict abortion for adults, voters will vote on a measure to enshrine abortion protections in the state constitution. The measure would also lift a ban on using public funds for abortion services, potentially allowing Medicaid or government employee health insurance plans to pay for the procedure.

Voters in Montana will decide on whether to affirm a 1999 state Supreme Court ruling that protected the right to abortion up until fetal viability. State courts have blocked several anti-abortion bills in the past, citing the 1999 ruling, and abortion rights advocates are hoping to enshrine that right in the state constitution.

Abortion in Nevada is already legal until six months, but voters in the battleground state will vote on whether to enshrine that standard in the state constitution. If passed, Nevadans will have to approve the ballot question again in 2026 to formally amend the constitution.

In spite of a raft of challenges from Gov. Ron DeSantis and other state Republican officials, Florida Amendment 4 is set to appear on the ballot in the Sunshine State. Residents will vote on whether to protect abortion access up until fetal viability, or around 24 weeks. If passed, the amendment effectively undoes the state’s six-week ban. DeSantis has warned that the passage of Amendment 4 would represent “the end of the pro-life movement.”

Nebraska is the only state with competing abortion amendment proposals on the ballot this year. One measure would protect abortion until fetal viability, or “when needed to protect the life or health of the pregnant patient.” The other would essentially codify the state’s current ban in its constitution, barring the procedure after the first trimester with exceptions for medical emergencies, rape or incest.

If voters approve both measures, whichever of the two gets more votes will be the one that makes it into the state constitution, according to The Associated Press.

Maryland, like Colorado, does not impose any restrictions on abortion throughout the duration of a pregnancy. With an abortion rights measure on the ballot this year, voters will decide whether to enshrine the right to reproductive freedom in their state constitution.

An amendment to allow the state of Missouri to regulate abortion only after fetal viability, “except to protect the life or health of the woman,” will be on the ballot. The measure’s passage would effectively repeal the state’s near-total ban on abortion.

New Yorkers will vote on a measure to expand the state’s Equal Rights Amendment to add protected classes to include “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy,” effectively preserving the right to an abortion in the state.

Despite Democrats’ dominance in New York and the state’s historically liberal reputation, the measure is not certain to pass. The ballot proposal does not include plain language to explain that it would protect abortion and LGBTQ rights. Democrats pushed to include such language, but a judge declined to compel the state Board of Elections to do so. New York Republicans, who have gained ground in recent elections, have used the measure’s technical language to inaccurately frame it as dismantling parental rights and expanding trans rights for minors.

South Dakotans are set to vote on a proposal that would allow abortion throughout the first trimester, would permit “regulation” by the state that is “reasonably related” to a pregnant person’s health in the second trimester, and would allow “regulation or prohibition” in the third trimester, with exceptions.