Tracking abortion ballot measures by state in the 2024 election

CNN
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More than two years after the U.S. Supreme Court ruled on Roe v. After Wade repealed and abolished the constitutional right to abortion at the federal level, voters in ten states decided whether to enshrine reproductive rights in their state constitutions.

According to CNN projects, two measures to protect abortion access are being passed in New York and Maryland. The changes aim to maintain access to abortion and other reproductive care in both states where abortion is currently legal, at least until feasible.

In contrast, Florida voters will reject a measure protecting abortion rights to the point of feasibility, CNN predicts, as the amendment falls short of the 60 percent threshold for passage. The state's six-week ban remains in place.

Voters in four other states – Arizona, Missouri, Nebraska and South Dakota – also voted on whether to repeal their states' current abortion bans or restrictive policies.

And in Nebraska, voters are approving a dueling measure that would do the opposite — cement the current abortion ban in the state's constitution.

Here is Find out what's on the ballot and watch the results live throughout election night.

Since Roe was overturned in 2022, there have been referendums on abortion rights in seven states before this year. All measures to protect access were successful, all measures to restrict access failed.

Maryland

According to CNN projects, Maryland voters will approve a measure to enshrine reproductive protections, including the right to terminate a pregnancy, in the state's constitution. The procedure is already legal in the state with no pregnancy limit.

In 2023, Maryland enacted a shield law protecting its abortion providers from investigations by other states. While the state's vote will have little impact on abortion access for its own residents, advocates say it is important to solidify reproductive freedoms in a state that has become an access point for out-of-state patients.

CNN predicts that New York voters will approve a measure that would amend the state constitution's Equal Protection Clause to state that a person's rights cannot be denied based on “pregnancy, pregnancy outcome, and reproductive health care and autonomy.”

The amendment survived several legal challenges and made it to the state ballot. The aim is to provide protection against discrimination based on a range of factors, including pregnancy outcomes, age, disability, sexual orientation and gender identity. While supporters focused on abortion rights, opponents used the measure's broad nature to raise concerns about transgender and parenting issues.

Florida voters will reject a measure protecting abortion rights until it is feasible, CNN predicts. Although the measure is expected to receive a majority of votes, it will fall short of the 60 percent threshold required for passage.

Both proponents and opponents of abortion rights campaigned fiercely on the issue. A federal judge recently accused officials in Republican Gov. Ron DeSantis' administration of attempting to violate First Amendment rights in their campaign against the ballot measure.

The Sunshine State once served as a major access point for patients from southern states with more restrictive abortion policies.

The Arizona Abortion Access Act would enshrine in the state constitution the right to abortion until the fetus is viable, around 22 to 24 weeks of pregnancy.

The Arizona state Supreme Court voted in April to uphold a total Civil War-era abortion ban, sparking nationwide outrage and prompting state lawmakers to repeal the ban before it could take effect. Abortion rights advocates say the moment was a stark reminder of what could happen if reproductive rights are not enshrined in the state constitution.

The Colorado Right to Abortion and Health Insurance Coverage Initiative would enshrine abortion rights in the state constitution and authorize the use of public funds for abortions.

While the Colorado vote would do little to change the legality of abortion itself, voter approval of the change would clear the way for the state to potentially cover abortions under Medicaid and some health insurance plans for state employees. Proponents of the measure say it would go a long way toward expanding access to abortion, particularly for low-income people.

Under Colorado law, the measure would need the support of at least 55% of voters to be approved.

The amendment to limit government interference in abortion would protect the right to an abortion up to the point of “feasibility,” or protect the health of patients, as determined by their health care provider. To pass, it would need the support of at least 60% of voters.

The measure would enshrine in the state constitution the right to make reproductive care decisions without government interference – including abortion until the fetus is viable, around 22 to 24 weeks of pregnancy. It would also protect those seeking or providing care from government discrimination.

Missouri voters will decide whether or not to effectively repeal the state's current abortion ban. The measure specifically states that people have the right to make their own decisions about contraception, so access to contraception is also on the ballot.

Montana's “right to abortion” initiative would amend the state constitution to protect the right to make decisions about one's pregnancy – including the right to abortion – based on the viability of the fetus or when doing so would protect the life or health of the pregnant patient is required as determined by a physician.

Montana's vote will not change current access to abortion, but could protect against future attempts by Republicans in the state to restrict abortion.

The Protect Women and Children initiative would enshrine the current 12-week abortion ban in the state constitution, with exceptions for rape, incest and medical emergencies. The “Protect the Right to Abortion” initiative would enshrine in the state constitution the right to an abortion until it is feasible or to protect the life or health of the pregnant patient.

This summer, Nebraska Secretary of State Bob Evnen announced that for the first time in the state's history, there had been two conflicting petition efforts on the same ballot. Organizers pushed hard to bring their respective measures to a vote — with each side accusing the other of using deceptive tactics.

For a measure to pass, it must receive a majority of votes and at least 35% of all votes cast in the election. If both amendments are adopted, the one with the most votes takes precedence.

The Nevada Right to Abortion Initiative would enshrine in the state constitution the fundamental right to abortion until the fetus is viable or to protect the life or health of a pregnant patient.

In Nevada, an amendment must be passed in two consecutive general elections before it can be added to the state constitution. If Nevadans vote for the measure, they would have to wait two more years and then vote again for abortion rights to be enshrined in the state constitution.

The “right to abortion” initiative would legalize abortion – with regulations – during the first and second trimesters of pregnancy. Currently, all abortions are banned in the state except to save the mother's life.

Reproductive rights advocates are confident that this measure will restore access to abortions to pregnant survivors of rape or incest who do not have abortion options under current state law. The measure would still allow state regulation of abortion in the second trimester of pregnancy, but advocates say it would still be a win for reproductive rights in the state.

This article and headline have been updated with additional information.