Abortion is one of the most fraught issues of this election cycle.
Democrats have hammered abortion to galvanize their voters, while the topic has become a significant liability for Republicans.
Former President Donald Trump, who appointed three of the conservative Supreme Court justices who voted to overturn Roe v. Wade, has sought to thread the needle on this polarizing issue during an extremely tight race.
Meanwhile, since the court’s decision, states have been free to decide their own abortion policies. Some have cracked down and passed strict restrictions, while others have enshrined legal abortion in law.
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So far, voters in six states have cast ballots on abortion constitutional amendments — California, Kansas, Kentucky, Michigan, Vermont, and Ohio. In every case, the side favoring abortion won.
Ohio voters caught Republicans off guard last year when they approved a ballot initiative that nixed Ohio’s 2019 heartbeat abortion ban, which was tied up in the courts at the time. Abortion is now legal up to viability in Ohio, usually considered around 24 weeks.
Other pro-life ballot initiatives since the Dobbs case, such as Montana’s unborn legal personhood measure, have also been rejected by voters.
This November, 10 more states will put abortion up for a vote.
Florida
In Florida, residents will vote on a ballot measure that would amend the state constitution to enshrine legal abortion up to the point of viability of the unborn baby, usually around 24 weeks, or “when necessary to protect the patient’s health.”
If passed, the Florida measure would nullify the state’s six-week abortion ban, which took effect in May.
In April, nearly three in five Florida voters said they would vote for the abortion measure.
Arizona
In Arizona, voters will cast their ballot for a similar initiative that would amend the state constitution to enshrine legal abortion up to viability, with an exception for the health of the mother.
Abortion is currently legal up to 15 weeks in Arizona.
The abortion campaign behind the ballot measure has amassed a $9.5 million war chest.
Missouri
Missouri voters will vote on a ballot initiative that would enshrine legal abortion up to viability.
The Missouri Supreme Court ruled Tuesday that the measure would appear before voters in November. A lower court judge had ruled the measure was not specific enough because it did not identify which laws it would repeal.
Abortion is currently illegal throughout pregnancy in Missouri except to save the life or preserve the health of the mother. If the ballot initiative is successful, abortion would be legal until viability, around 24 weeks.
Colorado
Colorado voters will vote on a ballot initiative that would amend the state constitution to recognize a right to abortion and repeal a previous constitutional amendment that prohibited the use of state funds for abortions.
Colorado currently has no laws restricting abortion. The ballot initiative would simply declare formally that “the right to abortion is hereby recognized.”
Nevada
Nevada residents will vote on a ballot initiative that would amend the state constitution to recognize a “fundamental” right to abortion up to viability, although abortions past this point done for the health of the mother would also be legal.
Abortion is currently legal up to 24 weeks of pregnancy in Nevada.
Nebraska
Nebraska has two abortion initiatives on the ballot in November, one for and one against abortion.
One initiative would amend the state constitution to recognize a fundamental right to abortion up to viability. The other would amend the state constitution to ban abortion in the second and third trimester.
Abortion is currently legal in Nebraska up to 12 weeks, around the end of the first trimester.
Montana
Montana voters will vote on a ballot initiative that would amend the state constitution to enshrine legal abortion up to viability.
Abortion in Montana is legal up to viability.
In 2022, Montana voters rejected a measure that would have given unborn babies legal personhood status. This year, the state Supreme Court also ruled that minors do not need parental permission to get an abortion.
South Dakota
South Dakota residents will vote on a measure that would amend the state constitution to enshrine legal abortion through the end of the second trimester.
Abortion is illegal throughout pregnancy in South Dakota except to save the life of the mother. A doctor who performs an abortion in the state is guilty of a felony.
New York
In New York, one of the deepest blue states, residents will vote on a measure that would amend the state constitution’s equal rights amendment to include anti-discrimination clauses relating to abortion.
Last month, a New York judge ruled against Democrats who wanted the word “abortion” to appear in the initiative, saying he did not have a “crystal ball” to predict how the amendment would affect abortion.
Abortion is already legal throughout pregnancy in New York.
Maryland
In Maryland, residents will vote on a measure that would amend the state constitution to guarantee a right to abortion.
Abortion is legal throughout pregnancy in Maryland.
