The Florida Supreme Court is hearing arguments Wednesday on whether a bill to enshrine the right to abortion in the state constitution should go to voters in November.
The state is one of several states where abortion could be on the ballot this year.
Since the U.S. Supreme Court struck down Roe v. Wade and stripped away abortion rights nationwide, there has been a major movement across the country to ask voters about abortion rights.
Since the 2022 decision, most Republican-controlled states have implemented new abortion regulations, with 14 states banning abortion at any stage of pregnancy. Most Democratic-majority states have laws or executive orders in place to protect access.
Additionally, voters in seven states are siding with abortion rights supporters on ballot measures: California, Kansas, Kentucky, Michigan, Montana, Ohio, and Vermont.
It is not yet clear how many states will vote on abortion access legislation in November. In some quarters, the question is whether supporters of the amendment will be able to get enough valid signatures. In other cases, it is left to the legislature. There is a legal dispute in Florida over the details.
What can be safely included on the 2024 ballot?
maryland
This year, Maryland voters will also be asked whether to enshrine a woman's right to terminate a pregnancy in the state constitution, a ballot question posed by lawmakers last year. The state already protects abortion rights under state law, with Democrats outnumbering Republicans two to one. Maryland allows abortions until viability.
new york
New York state lawmakers have agreed to ask voters to ban discrimination based on pregnancy, pregnancy outcomes, and reproductive health care as part of the broader Equal Protection Amendment. It would also prohibit discrimination based on gender, sexual orientation, gender identity, national origin, and disability. The text of the constitutional amendment does not specifically mention abortion. New York state law allows abortions up to the point of viability.
Where else could abortion be on the ballot in 2024?
arizona
A petition is underway in Arizona to add a constitutional right to abortion. Under the measure, states would not be able to ban abortions until the fetus is viable, after which abortions would be allowed to protect the woman's physical or mental health. Supporters need to collect approximately 384,000 valid signatures by July 4th. Current law prohibits abortion after 15 weeks of pregnancy.
arkansas
Supporters of the amendment, which would allow abortion in most cases, need to collect about 91,000 valid signatures by July 5th to get it on the November 5th ballot. The bill would prohibit laws that prohibit abortions during the first 20 weeks of pregnancy, and would prohibit abortions in the second trimester in cases of rape, incest, threat to the woman's health or life, or when the fetus is unlikely to survive. It is permitted to do so. The proposal does not have the support of Planned Parenthood Great Plains states, including Arkansas, because it allows for a minimum 20-week limit. The state prohibits abortion at all stages of pregnancy, with some exceptions.
colorado
Colorado is undergoing intense action on abortion. One measure would create a voter-initiated law banning access during pregnancy, and the other would amend the state constitution to protect it. The Abortion Rights Amendment would also require Medicaid and private health insurance to cover abortions.
Supporters on both sides need to submit more than 124,000 signatures by August 5th for the measure to appear on the ballot. Colorado's constitutional amendment requires support from 55% of voters. However, the ban could pass with a simple majority. Abortion is legal in Colorado at all stages of pregnancy.
florida
Supporters gathered nearly 1 million signatures to advance a state constitutional amendment that would legalize abortion until it appears on the ballot, exceeding the roughly 892,000 needed. State Attorney General Ashley Moody urged the state to remove the proposed bill from the ballot, saying there were differing views on the meaning of “viability” and that some key terms in the proposed bill were not properly defined. requested the Supreme Court.
If the measure goes to voters, 60% of voters would need to vote yes to take effect.
Abortion is legal in Florida during the first 15 weeks of pregnancy. But a 2023 law would shorten that period to six weeks — often before a woman even knows she's pregnant — if the 15-week ban survives a court challenge.
missouri
Efforts are underway to get Missouri voters to pass an abortion-related runoff measure in 2024. Abortion rights advocates for constitutional freedoms in Missouri are seeking legislation that would ensure abortion is legal until viability.
A group of moderate Republicans is taking a different approach, pushing for an amendment that would allow abortions up to 12 weeks and after that, with limited exceptions.
Currently, abortion is prohibited in Missouri at all stages of pregnancy, with limited exceptions.
montana
Abortion rights advocates have proposed a constitutional amendment in Montana that would prohibit the government from denying the right to an abortion before viability or when necessary to protect a pregnant person's life or health. ing. However, Attorney General Austin Knudsen ruled that this measure was legally insufficient. Advocates are appealing to the state Supreme Court. If the court allows the bill to take effect, supporters would need to collect more than 60,000 signatures by June 21 to get it on the ballot. Abortion is currently legal in Montana up to the term of life.
nebraska
Advocates are trying to gather the roughly 125,000 signatures needed by July 5 to send a constitutional amendment to voters that would protect the right to abortion until the fetus is viable. Under a law adopted last year, abortions are prohibited after 12 weeks, with some exceptions.
nevada
Signatures are being collected to put the Abortion Access Amendment on Nevada's November ballot. The proposed amendment would enshrine in the constitution access to abortion after the first 24 weeks of pregnancy to protect the health of pregnant women, which was already guaranteed under a 1990 law. It is something that exists. The measure needs at least 102,000 valid signatures by June 26 to be placed on the ballot. Any changes to the constitution would need to be approved by voters in both 2024 and 2026.
The measure is one of several efforts by abortion rights groups in Nevada to put a ballot question before voters in 2024 or 2026.
south dakota
Advocates in South Dakota are trying to gather more than 35,000 signatures by May 7 to get a less restrictive bill on the ballot, but not as many abortion rights advocates hope. Not progressing. This would prohibit any restrictions on abortions in the first trimester. This would allow states to “regulate a pregnant woman's decision to terminate an abortion and its performance only in a manner reasonably related to the pregnant woman's physical health” during the second trimester of pregnancy. Bans on late-term abortions are allowed as long as they include exceptions for the woman's life and health, but family planning organizations do not support the measure.
Abortion in the state is currently prohibited at all stages of pregnancy, with some exceptions.
Which states could, but likely won't, put abortion on the ballot?
In some states, abortion-related measures, most of which call for bans or restrictions, are unlikely to reach voters in 2024 due to balance of power or other circumstances.
iowa
In order for a constitutional amendment to be put on the ballot, the Iowa Legislature must approve it in two consecutive legislative sessions. In 2021, both chambers introduced resolutions recognizing that the state does not have a constitutional right to abortion. Although Republicans control the Legislature and the governor's office, the amendment has not emerged as a priority this year, and Gov. Kim Reynolds intends to send the issue to the courts rather than force a vote. It has said. Currently, abortion is prohibited after 20 weeks of pregnancy. A stricter ban of around six weeks was adopted if cardiac activity was detected, but was put on hold by the court.
maine
Democrats are pushing for a measure to enshrine the right to abortion in the state constitution. But without the support of several Republicans, it would not have the two-thirds majority of members in each chamber needed to adopt the bill and send it to voters. Abortion is permitted throughout pregnancy.
Pennsylvania
Pennsylvania went through a process similar to Iowa, with a similar amendment and finding that the constitutional right to abortion was not on the table. Lawmakers passed the bill in 2022. But Democrats have since taken control of the state Legislature, making it unlikely to pass the bill needed before moving to a statewide referendum. Abortion is currently legal in Pennsylvania up to 24 weeks of pregnancy.
wisconsin
In January, the Wisconsin Legislature approved a binding statewide referendum call to enact a law banning abortions after 14 weeks of pregnancy. Even if the state Senate passes it, Democratic Gov. Tony Evers has vowed to veto it. Abortion is legal within 20 weeks of pregnancy.
This article has been updated to correct the number of signatures required for South Dakota's ballot (35,000 or more instead of 17,500) and to correct details of the proposed bill in the state.
