Where Abortion Rights Are on the Ballot This Election

This election, voters will have the opportunity to weigh in on a historic number of pro-choice amendments, with abortion-rights referendums in ten states. Eight of them are citizen-initiated ballot initiatives that largely broke records during the signature-collection process; state lawmakers brought forward two more referendums in Maryland and New York. Anti-abortion advocates and lawmakers from Colorado to Missouri have tried everything they can to keep these initiatives from getting in front of voters without success. In Florida, for example, a judge had to issue a temporary restraining order to block Governor Ron DeSantis’s administration from taking legal action against TV stations that ran an ad in favor of Amendment 4, the state’s pro-choice ballot measure. But Election Day will still put the maxim that abortion wins elections to the test. In Nebraska there’ll be two separate abortion-related ballot questions, one of which anti-abortion advocates brought forward to codify the state’s current 12-week ban. And in Florida, Amendment 4 needs to get 60 percent of the vote — the highest threshold of any referendum so far. Below, a guide to every proposed abortion amendment on the ballot this fall.

Arizona: Proposition 139

What are the current restrictions in Arizona? The state has a 15-week abortion ban that only makes an exception to save the pregnant person’s life. There are no exceptions for rape and incest cases. The state also has a mandatory ultrasound requirement and a 24-hour waiting period that forces abortion seekers to make two in-person clinic visits.

What would the amendment do? The measure would codify “the fundamental right to abortion” in the state constitution up until viability, or around 24 weeks of pregnancy. After that point, an abortion would only be permitted in cases where the health or life of the pregnant person is at risk.

How many people need to vote for it? The measure requires a simple majority to pass.

Colorado: Amendment 79

What are the current restrictions in Colorado? The state has virtually no restrictions on abortion care, other than requiring patients under 18 to first obtain parental consent or a judicial bypass.

What would the measure do? Amendment 79 would formally codify abortion rights in the state’s constitution and explicitly state that the government can’t ban the use of public funds for abortion care. That provision would repeal a 1984 law that prohibits using public health insurance plans to pay for abortion care.

How many people need to vote for it? The amendment needs 55 percent of the vote to pass.

Florida: Amendment 4

What are the current restrictions in Florida? The state bans abortion at around six weeks, with exceptions for rape, incest, and to save the life of the pregnant person. The state requires patients to undergo a mandatory ultrasound and to make two in-person clinic visits with a 24-hour waiting period.

What would the measure do? Amendment 4 would overturn Florida’s ban by codifying abortion in the state constitution up to viability. After that point, abortion would be permitted in cases where a physician determines an abortion is necessary to preserve the patient’s health or life.

How many people need to vote for it? Amendment 4 needs 60 percent of the vote to pass.

Maryland: Question 1

What are the current restrictions in Maryland? The state allows abortions up until viability, with exceptions afterward for cases of fetal anomalies and risk to the pregnant person’s health or life. Parental notification is required for patients under 18.

What would the amendment do? Question 1 would codify the right to “to make and effectuate decisions to prevent, continue, or end one’s own pregnancy” in Maryland’s constitution.

How many people need to vote for it? The amendment requires a simple majority to pass.

Missouri: Amendment 3

What are the current restrictions in Missouri? The state currently bans nearly all abortions, with an exception only for limited medical emergencies.

What would the amendment do? The measure would codify the right to “reproductive freedom” in the state’s constitution, protecting a wide range of reproductive health care and overturning Missouri’s ban. The amendment would allow for abortion  up until viability, with exceptions afterward for cases where the pregnant person’s health or life is at risk.

How many people need to vote for it? Amendment 3 requires a simple majority to pass.

Montana: CI-128

What are the current restrictions in Montana? Abortion is legal in the state through viability with exceptions for cases where the pregnant person’s life is at risk, or where they could suffer “substantial and irreversible impairment of a major bodily function.” Parental notification is required for patients under 16.

What would the amendment do? CI-128 would codify the right to “make and carry out decisions about one’s own pregnancy, including the right to abortion” until viability in the Montana Constitution. It also explicitly prohibits the government from “denying or burdening access to an abortion” in cases where a health provider has determined it is necessary to protect the pregnant person’s health or life.

How many people need to vote for it? The ballot measure requires a simple majority to pass (Montana voters rejected an anti-abortion amendment in 2022).

Nebraska: Initiative 439 and Initiative 434

Why are there two measures on the ballot? Abortion-rights groups have brought forward Initiative 439, also known as the Right to Abortion Initiative. Anti-abortion advocates are pushing for Initiative 434, also known as the Prohibit Abortions After the First Trimester Amendment.

What are the current restrictions in Nebraska? The state prohibits abortions after 12 weeks, with exceptions for cases of rape, incest, or when the pregnant person’s health is in danger. Patients are required to receive counseling over the phone or during an in-person clinic visit and wait for 24 hours before they can receive an abortion. People under 18 must first obtain parental consent or a judicial bypass.

What would Initiative 439 do? The amendment would codify the right to abortion until viability in Nebraska’s constitution, overturning the current ban. After that point, abortion would be permitted in cases of fatal fetal anomalies or when needed to protect the pregnant person’s health or life.

What would Initiative 434 do? The measure would codify the 12-week ban into the state’s constitution. If it were to pass, overturning Initiative 434 down the road would require another citizen-initiated petition, or else a 60 percent vote in the Nebraska state legislature followed by voter approval.

How many people need to vote for the measures? Only one of the amendments can go into effect. The winning campaign must meet three requirements: It needs  a simple majority to pass; at least 35 percent of all votes cast in the election  must support it; and it needs to receive a greater number of votes than the competing amendment.

Nevada: Question 6

What are the current restrictions in Nevada? The state allows abortions until viability with exceptions for cases where the pregnant person’s health is at risk.

What would the amendment do? The measure would codify the right to abortion until viability in Nevada’s constitution, and would permit the procedure after that point when needed to preserve the health or life of the pregnant person.

How many people need to vote for it? Question 6 requires a simple majority to pass, but voters must approve it again in 2026 to actually amend the state constitution.

New York: Proposal 1

What are the current restrictions in New York? Abortion is legal in the state until viability. After that point, terminating a pregnancy is allowed in cases where the patient’s health is at risk.

What would the amendment do? Proposal 1 does not mention abortion explicitly, but it would codify protections in the state constitution for “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” This would guarantee the status quo, with abortions legal up to 24 weeks.

How many people need to vote for it? The measure requires a simple majority to pass.

South Dakota: Amendment G

What are the current restrictions in South Dakota? The state bans nearly all abortions, with an exception only for cases where the pregnant person’s life is in danger.

What would the amendment do? The measure would overturn the ban by codifying the right to abortion in the first trimester. It would allow the government to regulate care in the second trimester as long as it is “reasonably related to the physical health of the pregnant woman.” The state would also be able to regulate or prohibit third-trimester abortions with an exception for cases where a health provider determines terminating a pregnancy is necessary to preserve the patient’s health or life.

How many people need to vote for it? Amendment G requires a simple majority to pass.

The Cut offers an online tool you can use to search by Zip Code for professional providers, including clinics, hospitals, and independent OB/GYNs, as well as for abortion funds, transportation options, and information for remote resources like receiving the abortion pill by mail. For legal guidance, contact Repro Legal Helpline at 844-868-2812 or the Abortion Defense Network.