Arizona Proposition 139, Right to Abortion Initiative (2024)

Arizona Proposition 139
Election date November 5, 2024
Topic Abortion
Status a Approved
Type Constitutional amendment	Origin Citizens

Arizona Proposition 139, the Right to Abortion Initiative, was on the ballot in Arizona as an initiated constitutional amendment on November 5, 2024. The ballot measure was approved.

A "yes" vote supported amending the state constitution to provide for the fundamental right to abortion, among other provisions.

A "no" vote opposed amending the state constitution to provide for the fundamental right to an abortion.

Election results

See also: Results for abortion-related ballot measures, 2024

Arizona Proposition 139
Result		Votes	Percentage
Yes		2,000,287	61.61%
No		1,246,202	38.39%

Results are officially certified.

Source

Overview

What did this amendment do?

See also: Constitutional changes

This measure amended the Arizona Constitution to establish that every individual has the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability. Fetal viability is defined in the measure as the point of pregnancy when there is a significant chance of the survival of the fetus outside of the uterus without the application of extraordinary medical measures. The measure also provides for the right to an abortion after fetal viability if it is done to protect the life, physical, or mental health of the pregnant individual, in the judgment of a treating health care professional. The measure also prohibits laws that penalize individuals for aiding or assisting a person exercising the right to an abortion.

This right cannot be interfered with unless justified by a compelling state interest. In the measure, a compelling state interest is defined as a law or regulation enacted for the limited purpose of improving or maintaining the health of the individual seeking abortion care that does not infringe on that individual's autonomous decision-making.

What was the status of abortion in Arizona?

See also: Status of abortion in Arizona

As of 2024, abortion was legal for up to 15 weeks of pregnancy in Arizona. On April 9, 2024, the Arizona Supreme Court, in a 4-2 decision, upheld a law enacted in 1864 prohibiting abortion in most circumstances except to save the life of the mother. The law ordered prosecution for "a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life." The Arizona State Legislature never repealed the law, and the Court ruled it became enforceable following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The Arizona Supreme Court stayed enforcement of the abortion ban for 14 days to allow legal challenges to the ruling. On April 24, 2024, the Arizona House of Representatives passed House Bill 2677 by 32-29, which would repeal the 1864 abortion ban. The Arizona State Senate voted 16-14 to pass the repeal on May 1, 2024. In Arizona, a repeal can only take effect 90 days after the adjournment of the state legislature. On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until August 12, 2024. On June 15, 2024, the Arizona State Legislature adjourned, meaning that the bill repealing the ban will become effective before the court order that would have reviewed the law.

What states have decided on abortion ballot measures recently?

See also: History of abortion ballot measures

In June 2022, the U.S. Supreme Court ruled in Dobbs. v. Jackson Women's Health Organization that there is no federal constitutional right to abortion and overturned Roe. v. Wade, placing many abortion policy decisions with the states. Since 2022, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, and California in 2022, and Ohio in 2023— were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana— were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated.

What states were set to vote on abortion ballot measures in 2024?

See also: 2023 and 2024 abortion-related ballot measures

The following table provides a list of abortion-related measures that were on the ballot in 2024:

State	Date	Measure	Description	Outcome
Arizona	Nov. 5, 2024	Right to Abortion Initiative	• Establishes the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability	a
Colorado	Nov. 5, 2024	Right to Abortion Initiative	• Provide a constitutional right to abortion in the state constitution and allow the use of public funds for abortion	a
Florida	Nov. 5, 2024	Florida Amendment 4	• Provide a constitutional right to abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider	d
Maryland	Nov. 5, 2024	Right to Reproductive Freedom Amendment	• Amend the Maryland Constitution to establish a right to reproductive freedom, defined to include "decisions to prevent, continue, or end one's own pregnancy"	a
Missouri	Nov. 5, 2024	Right to Reproductive Freedom Amendment	• Amend the Missouri Constitution to provide the right for reproductive freedom, and provide that the state legislature may enact laws that regulate abortion after fetal viability	a
Montana	Nov. 5, 2024	CI-128, Right to Abortion Initiative	• Amend the Montana Constitution to provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion"	a
Nebraska	Nov. 5, 2024	Prohibit Abortions After the First Trimester Amendment	• Amend the Nebraska Constitution to provide that "unborn children shall be protected from abortion in the second and third trimesters"	a
Nebraska	Nov. 5, 2024	Right to Abortion Initiative	• Amend the Nebraska Constitution to provide that "all persons shall have a fundamental right to abortion until fetal viability"	d
New York	Nov. 5, 2024	Equal Protection of Law Amendment	• Add language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."	a
Nevada	Nov. 5, 2024	Right to Abortion Initiative	• Establish the constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant woman.	a
South Dakota	Nov. 5, 2024	Constitutional Amendment G	• Provide a trimester framework for regulating abortion in the South Dakota Constitution	d

Text of measure

Ballot title

The official ballot title was as follows:

“

PROPOSITION 139 PROPOSED BY INITIATIVE PETITION RELATING TO THE FUNDAMENTAL RIGHT TO AN ABORTION. Official Title AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY ADDING SECTION 8.1; RELATING TO THE FUNDAMENTAL RIGHT TO AN ABORTION. Descriptive Title CREATES A FUNDAMENTAL RIGHT TO ABORTION. LIMITS THE STATE’S ABILITY TO INTERFERE WITH THAT RIGHT BEFORE FETAL VIABILITY. AFTER FETAL VIABILITY, ABORTIONS ARE ALLOWED WHEN NECESSARY TO PROTECT THE LIFE OR HEALTH OF THE PREGNANT INDIVIDUAL. PROHIBITS LAWS PENALIZING A PERSON FOR ASSISTING AN INDIVIDUAL OBTAINING AN ABORTION.

”

Ballot summary

The official ballot summary was as follows:

“

A "yes" vote shall have the effect of creating a fundamental right to abortion under Arizona’s constitution. The State will not be able to interfere with this fundamental right before fetal viability, unless it has a compelling reason and does so in the least restrictive way possible. Fetal viability means the point in the pregnancy when, in the good-faith judgment of a treating health care professional, the fetus has a significant likelihood of survival outside the uterus. Throughout the pregnancy, both before and after fetal viability, the State will not be able to interfere with the good-faith judgment of a treating health care professional that an abortion is necessary to protect the life or health of the pregnant individual. The State will not be able to penalize any person for aiding or assisting a pregnant individual in exercising the right to an abortion. A "no" vote shall have the effect of not creating a fundamental right to have an abortion under Arizona’s constitution, will leave in place current laws that restrict abortion before fetal viability, and will allow the State to further restrict or ban abortion in the future.

”

Constitutional changes

See also: Arizona Constitution

The ballot measure added Article 2, Section 8.1 to the Arizona Constitution. The following underlined text was added and struck-through text was deleted:

Note: Use your mouse to scroll over the text below to see the full text.

8.1. Fundamental right to abortion; definitions A. Every individual has a fundamental right to abortion, and the state shall not enact, adopt or enforce any law, regulation, policy or practice that does any of the following: 1. Denies, restricts or interferes with that right before fetal viability unless justified by a compelling state interest that is achieved by the least restrictive means. 2. Denies, restricts or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual. 3. Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising the individual’s right to abortion as provided in this section. B. For the purposes of this section: 1. “Compelling state interest” means a law, regulation, policy or practice that meets both of the following: (a) Is enacted or adopted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine. (b) Does not infringe on that individual’s autonomous decision making. 2. “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures. 3. “State” means this state, any agency of this state or any political subdivision of this state.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 13, and the FRE is 15. The word count for the ballot title is 82.

The FKGL for the ballot summary is grade level 17, and the FRE is 30. The word count for the ballot summary is 191.

Support

Arizona for Abortion Access was leading the campaign in support of the initiative.

Supporters

Officials

• Vice Pres. Kamala D. Harris (D)
• Gov. Katie Hobbs (D)
• State Sen. Jacky Rosen (D)
• State Rep. Athena Salman (D)
• Tucson Mayor Regina Romero (D)

Political Parties

• Arizona Working Families Party

Organizations

• Indivisible Project
• ACLU of Arizona
• American Association of University Women
• Amnesty International
• Arizona Public Health Association
• Healthcare Rising Arizona
• Human Rights Campaign
• League of Women Voters of Arizona
• Living United for Change Arizona
• National Council of Jewish Women Arizona
• Opportunity Arizona
• Our Voice Our Vote
• Planned Parenthood Advocates of Arizona
• Reproductive Freedom For All
• The Fairness Project
• Think Big America
• VetsForward
• YWCA Southern Arizona

Arguments

• Gov. Katie Hobbs (D): "To the people across Arizona who are concerned about the future of abortion rights in our state, who are worried about their bodily autonomy, who don’t want to see the freedoms of their wives, sisters and daughters restricted, you can make your two cents known at the ballot box, and I encourage you to do so."
• Committee to Protect Healthcare: "As health care professionals across Arizona, we support the Arizona Abortion Access Act, the amendment to restore reproductive freedoms in the state and put families back in charge of medical decisions. This amendment simply restores the rights Arizonans had for the past 50 years, before Roe v. Wade was overturned. That means Arizonans will again have the freedom to make their own decisions about pregnancy and abortion, without politicians interfering."
• Paul Bender, constitutional law professor at Arizona State University: “It essentially revives the right of abortion in Arizona as it was before the overturning of Roe versus Wade. If this passes, any law restricting abortion before fetal viability is unconstitutional.”
• Our Voice Our Vote: "Prop 139 is about restoring access to safe and legal abortion and putting the power back where it belongs: in the hands of women, not politicians. A majority of Arizona voters support a woman’s right to decide. Join all of us in protecting our freedoms from a few politicians."
• Dr. Paul Isaacson, Arizona OB-GYN: "These extremists falsely claim that the initiative will remove safety precautions and allow anybody to perform an abortion. They falsely claim it will allow for “abortion up until birth.” These lies are just that—lies. As an abortion provider, I can say with confidence that Proposition 139 won’t remove evidence-based safety and health standards, nor will it change the requirement that abortion be provided by qualified, licensed medical professionals. And there is absolutely, absolutely, no such thing as “abortion until the moment of birth.” These are lies that not only deceive voters but put women in danger because the reality is; arbitrary partisan bans are what harm women’s health, not laws that put healthcare decisions where they belong: in the hands of patients and their healthcare team."

Opposition

It Goes too Far was leading the campaign opposing the initiative.

Opponents

Organizations

• Arizona Catholic Conference Bishops
• Arizona Right to Life
• Moms for America
• Priests for Life
• Progressive Anti-Abortion Uprising
• Secular Pro-Life
• Students for Life Action
• Susan B. Anthony Pro-Life America

Arguments

• Cindy Dahlgren, spokeswoman for It Goes Too Far: "Unfortunately, most voters are not told that under this unregulated, unlimited abortion amendment they will lose the required medical doctor, critical and commonsense safety standards for girls and women seeking abortion, and moms and dads will be shut out of their minor daughter’s abortion decision, leaving her to go through the painful and scary process alone. Abortion is legal in Arizona up to 15-weeks and we have common sense safety precautions to protect girls and women. It’s reckless to lose those safety precautions just to expand abortion beyond what most voters support."
• Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America: "Governor Hobbs and her pro-abortion allies will pour millions into deceiving the voters about the upcoming amendment that permits abortion on demand when babies can feel pain and survive outside the womb. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women."
• Julia Payne Koon, legal counsel with Alliance Defending Freedom: "Conspicuously absent from this standard is any requirement that interference with abortion be 'undue.' Instead, the language of the ballot measure seems to suggest that even minor interference with the abortion right triggers the highest legal scrutiny—even if the law in question doesn’t prevent a single Arizona woman from having an abortion. In practice, this standard—if enacted—could not only call into question Arizona’s 15-week law, but all of Arizona’s laws governing abortion, no matter how sensible. For instance, Arizona requires that only physicians may perform surgical abortions and that women receive specific informed consent information at least 24 hours before an abortion. Those laws could be challenged as too restrictive under the amendment."
• It Goes Too Far: "The amendment language legalizes late-term abortion beyond viability, but 90% of Arizonans support limits on abortion at 15 weeks or earlier. It prevents Arizonans from requesting that safety standards be passed or enforced – even if those safety standards protect girls and women from complications such as perforated uterus or bowel, sepsis, infertility, and hemorrhaging. It opens the door to force taxpayers to fund abortions, even non-residents. It endangers current law allowing healthcare professionals to opt out of performing or participating in abortions due to their consciences."
• Arizona Catholic Conference Bishops: "If passed, this initiative threatens to enshrine a constitutional right to virtually unrestricted abortion in Arizona. What makes a constitutional amendment especially grave is that our own Arizona legislators could lose the ability to regulate abortion in any meaningful way, leaving us with the potential for what would likely become nearly unrestricted abortion. Arizona law currently allows for abortions up until 15 weeks of pregnancy. Proposition 139, however, would go far beyond even this current law. The proposed amendment, among other things, would likely remove most safeguards for girls and women that are currently in place at abortion clinics, permit a minor to obtain an abortion without parental involvement or permission, and allow for painful late-term abortions of viable pre-born children."

Campaign finance

See also: Campaign finance requirements for Arizona ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through October 19, 2024. The deadline for the next scheduled reports is January 15, 2025.

Arizona for Abortion Access registered as a political action committee (PAC) to support the ballot measure.

It Goes Too Far registered to oppose the ballot measure.

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	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$32,731,280.37	$2,289,831.37	$35,021,111.74	$29,220,317.53	$31,510,148.90
Oppose	$1,285,279.82	$54,411.15	$1,339,690.97	$861,524.41	$915,935.56

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

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Committees in support of Proposition 139
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Arizona for Abortion Access	$32,731,280.37	$2,289,831.37	$35,021,111.74	$29,220,317.53	$31,510,148.90
Total	$32,731,280.37	$2,289,831.37	$35,021,111.74	$29,220,317.53	$31,510,148.90

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Arizonans Fed Up With Failing Health	$5,000,000.00	$0.00	$5,000,000.00
The Fairness Project	$3,560,000.00	$1,182,201.50	$4,742,201.50
Advocacy Action Fund Inc.	$3,250,000.00	$0.00	$3,250,000.00
Planned Parenthood Action Fund	$2,500,000.00	$20,392.29	$2,520,392.29
Strategic Victory Fund	$2,000,000.00	$0.00	$2,000,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.

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Committees in opposition to Proposition 139
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
It Goes Too Far	$1,285,279.82	$54,411.15	$1,339,690.97	$861,524.41	$915,935.56
Total	$1,285,279.82	$54,411.15	$1,339,690.97	$861,524.41	$915,935.56

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
David Lambert	$142,000.00	$0.00	$142,000.00
John Connelly	$100,000.00	$0.00	$100,000.00
DC London	$0.00	$65,000.00	$65,000.00
Center for Arizona Policy Action	$0.00	$48,466.20	$48,466.20
Jonathan Mount	$35,000.00	$0.00	$35,000.00
Laureen Mount	$35,000.00	$0.00	$35,000.00

Polls

See also: 2024 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at [email protected].

Arizona Right to Abortion Initiative (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

Noble Predictive Insights	10/28/24-10/30/24	755 LV	± 3.5%	57%	33%	7%
	Question: "There is a ballot initiative for the 2024 general election ballot called "The Arizona Abortion Access Act” or Prop 139. This initiative would amend the state's constitution to create a fundamental right to abortion and limit the state's ability to interfere with that right before fetal viability. After viability, abortions would be allowed when necessary to protect the life or health of the mother. If the election were held today, would you vote yes or no on this amendment?"

New York Times/Siena College	9/17/24-9/21/24	713 RV	± 4.4%	58%	35%	7%
	Question: "If the 2024 election were held today, would you vote yes or no on Arizona Proposition 139, a constitutional amendment that would provide a fundamental right to abortion up until fetal viability, or about the 24th week of pregnancy?"

USA Today/Suffolk University	9/21/24-9/24/24	500 LV	± 4.8%	58%	32%	9%
	Question: "Proposition 139, the Right to Abortion Initiative, is on the ballot in Arizona as an initiated constitutional amendment. A “yes” vote supports amending the state constitution to provide for the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability. A “no” vote opposes amending the state constitution to provide for the fundamental right to an abortion. At this point, will you vote yes or no on Proposition 139?"

SSRS/CNN	8/23/24-8/29/24	682 RV	± 4.8%	62%	35%	2%
	Question: "In the upcoming election, Arizona voters will consider Proposition 139, which would amend the state constitution to create a fundamental right to abortion. If the election were held today, would you be more likely to vote:"

Fox News	8/23/24-8/26/24	1014 RV	± 3%	73%	23%	4%
	Question: "How would you vote on the proposed state constitutional amendment that would establish the right to an abortion up until fetal viability or when necessary to protect the patient's health?"

KFF	5/23/24-6/5/24	3102 female RV	± 5%	67%	32%	0%
	Question: "As you may know, the Arizona Right to Abortion Initiative is a ballot initiative that would establish a fundamental right to abortion that the state may not interfere with before the point of fetal viability, typically around 23 to 25 weeks of pregnancy. Do you support or oppose the Arizona Right to Abortion Initiative?"

CBS News/YouGov	5/10/24-5/16/24	1510 LV	± 3.3%	65%	21%	14%
	Question: "In the election were held today, and there was an amendment on the ballot to establish the constitutional right to an abortion in Arizona, would you vote:"

Noble Predictive Insights	5/7/24-5/14/24	1003 RV	± 3.09%	41%	41%	18%
	Question: "In 2024, there may be a ballot measure that establishes the fundamental right to an abortion within the point of fetal viability (between 24 and 28 weeks). Would you support or oppose this measure?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Status of abortion in Arizona

On April 9, 2024, the Arizona Supreme Court upheld an 1864 law in a 4-2 ruling prohibiting abortion in most circumstances except to save the life of the mother. The law, enacted before Arizona was a state, ordered prosecution for "a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life.” The legislature never repealed the law, and the Court ruled it became enforceable following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The Arizona Supreme Court stayed enforcement of the abortion ban for 14 days to allow legal challenges to the ruling.

On April 24, 2024, the Arizona House of Representatives passed House Bill 2677 by 32-29, which would repeal the 1864 abortion ban. Twenty nine (29) Democrats and 3 Republicans voted for the repeal, and 28 Republicans voted against the repeal. The Arizona State Senate voted 16-14 to pass the repeal on May 1, 2024. In Arizona, a repeal can only take effect 90 days after the adjournment of the state legislature. On May 13, the Arizona Supreme Court granted a motion to stay the enforcement of the 1864 law until August 12, 2024.

U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

See also: Dobbs v. Jackson Women’s Health Organization

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

Roe v. Wade (1973)

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.

Abortion regulations by state

As of November 22, 2024, 41 states restricted abortions after a certain point in pregnancy. The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

• Fourteen states restrict abortion after conception
• Four states restrict abortion at six weeks post-fertilization
• Two states restrict abortion at 12 weeks post-fertilization
• One state restricts abortion at 15 weeks post-fertilization
• One state restricts abortion at 18 weeks since the last menstrual period
• Three states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
• Four states restrict abortion at 24 weeks since the last menstrual period
• Eleven states restrict abortion at fetal viability
• One state restricts abortion in the third trimester

The map and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.
2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.
3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."
4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.
5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.
6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.

State abortion restrictions based on stage of pregnancy
State	Does the state restrict abortion after a specific point in pregnancy?	Threshold for restriction
Alabama	Yes	Conception
Alaska	No	None
Arizona	Yes	15 weeks since last menstrual period
Arkansas	Yes	Conception
California	Yes	Fetal viability
Colorado	No	None
Connecticut	Yes	Fetal viability
Delaware	Yes	Fetal viability
Florida	Yes	Six weeks post-fertilization
Georgia	Yes	Six weeks post-fertilization
Hawaii	Yes	Fetal viability
Idaho	Yes	Conception
Illinois	Yes	Fetal viability
Indiana	Yes	Conception
Iowa	Yes	Six weeks post-fertilization
Kansas	Yes	20 weeks since last menstrual period
Kentucky	Yes	Conception
Louisiana	Yes	Conception
Maine	Yes	Fetal viability
Maryland	No	None
Massachusetts	Yes	24 weeks post-fertilization
Michigan	No	None
Minnesota	No	None
Mississippi	Yes	Conception
Missouri	Yes	Conception
Montana	Yes	Fetal viability
Nebraska	Yes	12 weeks post-fertilization
Nevada	Yes	24 weeks post-fertilization
New Hampshire	Yes	24 weeks since last menstrual period
New Jersey	No	None
New Mexico	No	None
New York	Yes	Fetal viability
North Carolina	Yes	12 weeks post-fertilization
North Dakota	Yes	Conception
Ohio	Yes	20 weeks post-fertilization
Oklahoma	Yes	Conception
Oregon	No	None
Pennsylvania	Yes	24 weeks since last menstrual period
Rhode Island	Yes	Fetal viability
South Carolina	Yes	Six weeks post-fertilization
South Dakota	Yes	Conception
Tennessee	Yes	Conception
Texas	Yes	Conception
Utah	Yes	18 weeks since last menstrual period
Vermont	No	None
Virginia	Yes	Third trimester since last menstrual period
Washington	Yes	Fetal viability
Washington, D.C.	No	None
West Virginia	Yes	Conception
Wisconsin	Yes	20 weeks post-fertilization
Wyoming	Yes	Fetal viability
Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed August 16, 2024; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed August 16, 2024; The Fuller Project, "How major abortion laws compare, state by state," accessed August 16, 2024

History of abortion ballot measures

See also: History of abortion ballot measures

In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.

From 1970 to November 2022, there were 53 abortion-related ballot measures, and 43 (81%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 10 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved seven (70%) and rejected three (30%).

Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.

The following graph shows the number of abortion-related ballot measures per year since 1970:

State constitutional rights and abortion-related ballot measures

Constitutional rights

The topic constitutional rights addresses ballot measures that establish a state constitutional right to abortion. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.

State	Year	Measure	Yes	No	Outcome
Arizona	2024	Proposition 139, Right to Abortion Initiative	N/A	N/A	a
Colorado	2024	Right to Abortion and Health Insurance Coverage Initiative	N/A	N/A	a
Florida	2024	Amendment 4, Right to Abortion Initiative	N/A	N/A	d
Maryland	2024	Maryland Question 1, Right to Reproductive Freedom Amendment	N/A	N/A	a
Missouri	2024	Missouri Amendment 3, Right to Reproductive Freedom Initiative	N/A	N/A	a
Montana	2024	CI-128, Right to Abortion Initiative	N/A	N/A	a
Nebraska	2024	Nebraska Initiative 439, Right to Abortion Amendment	N/A	N/A	d
Nevada	2024	Nevada Question 6, Right to Abortion Initiative	N/A	N/A	a
New York	2024	New York Proposal 1, Equal Protection of Law Amendment	N/A	N/A	a
South Dakota	2024	Constitutional Amendment G, Right to Abortion Initiative	N/A	N/A	d
Ohio	2023	Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative	56.78%	43.22%	a
California	2022	Proposition 1: Right to Reproductive Freedom Amendment	66.88%	33.12%	a
Michigan	2022	Proposal 3: Right to Reproductive Freedom Initiative	56.66%	43.34%	a
Vermont	2022	Proposal 5: Right to Personal Reproductive Autonomy Amendment	76.77%	23.23%	a

Constitutional interpretation

The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.

State	Year	Measure	Yes	No	Outcome
Kansas	2022	No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.03%	58.97%	d
Kentucky	2022	No State Constitutional Right to Abortion Amendment	47.65%	52.35%	d
Louisiana	2020	Amendment 1: No Right to Abortion in Constitution Amendment	62.06%	37.94%	a
Alabama	2018	Amendment 2: State Abortion Policy Amendment	59.01%	40.99%	a
West Virginia	2018	Amendment 1: No Right to Abortion in Constitution Measure	51.73%	48.27%	a
Tennessee	2014	Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	52.60%	47.40%	a
Florida	2012	Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment	44.90%	55.10%	d
Massachusetts	1986	Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.83%	58.17%	d

Path to the ballot

Process in Arizona

See also: Laws governing the initiative process in Arizona

In Arizona, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 15 percent of votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months. Signature petitions must be submitted four months prior to the election at which the measure is to appear.

The requirements to get initiated constitutional amendments certified for the 2024 ballot:

• Signatures: 383,923 valid signatures were required.
• Deadline: The deadline to submit signatures was July 3, 2024.

If the secretary of state certifies that enough valid signatures were submitted, the initiative is put on the next general election ballot. The secretary of state verifies the signatures through a random sampling of 5 percent of submitted signatures working in collaboration with county recorders. If the random sampling indicates that valid signatures equal to between 95 percent and 105 percent of the required number were submitted, a full check of all signatures is required. If the random sampling shows fewer signatures, the petition fails. If the random sampling shows more, the initiative is certified for the ballot.

Stages of this ballot initiative

• On September 12, 2023, the Arizona for Abortion Access organization filed this ballot initiative with the secretary of state's office.
• On September 21, 2023, Arizona for Abortion Access announced it was launching its signature drive.
• Arizona for Abortion Access said it gathered 506,892 petition signatures on April 2, 2024.
• On July 3, 2024, Arizona for Abortion Access reported submitting 823,685 signatures.
• On August 12, 2024, the secretary of state's office verified 577,971 signatures. Arizona for Abortion Access said in a statement that it was the most signatures validated for a citizens initiative in state history.

Sponsors of the measure hired Fieldworks LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $9,275,696.00 was spent to collect the 383,923 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $24.16.

Lawsuit on ballot pamphlet language

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This article contains a developing news story. Ballotpedia staff are checking for updates regularly. To inform us of new developments, email us at [email protected].

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Lawsuit overview
Issue: Should the phrase "fetus" replace the phrase "unborn human" in the ballot pamphlet?
Court: Arizona Supreme Court
Plaintiff(s): Arizona for Abortion Access	Defendant(s): Ben Toma, et al.

  Source: Arizona Supreme Court No. CV-24-0167-AP/EL

On July 10, 2024, Arizona for Abortion Access filed a lawsuit against the Arizona Legislative Council, the committee of lawmakers overseeing language for the ballot pamphlet. Arizona for Abortion Access asked the Maricopa County Superior Court to require the Arizona Legislative Council to adopt impartial and neutral language, saying that the use of the phrase "unborn human" is not impartial, and that this should be replaced with the word "fetus." Cheryl Bruce, campaign manager for Arizona for Abortion Access, said, "We filed this lawsuit today to hold politicians to account and ensure that Arizona voters receive an impartial summary of our measure in the publicity pamphlet, instead of one that uses a politically charged phrase embraced by our opponent." Arizona Senate President Warren Petersen, who sits on the legislative council and is named as a defendant, said, "We believe the Legislative Council drafted an unbiased description that accurately reflects the measure."

On July 26, 2024, Maricopa County Superior Court Judge Christopher Whitten said the ballot pamphlet should not use the word "unborn human being", and that the Arizona Legislative Council should use more neutral language. Arizona House Speaker Ben Toma, a co-chair of the legislative council, said the council will appeal the decision, and said, "The ruling is just plain wrong and clearly partisan." Dawn Penich, communications director for Arizona for Abortion Access, said, "It’s incredibly important to us that Arizona voters get to learn more about and weigh our measure in objective and accurate terminology."

On August 14, 2024, the Arizona Supreme Court said that informational pamphlets were allowed to use the phrase "unborn human being."

Lawsuit on initiative language

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This article contains a developing news story. Ballotpedia staff are checking for updates regularly. To inform us of new developments, email us at [email protected].

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Lawsuit overview
Issue: Is the ballot language of the initiative confusing or misleading to voters?
Court: Arizona Supreme Court
Ruling: The ballot description was accurate and complied with state law.
Plaintiff(s): Arizona Right to Life	Defendant(s): Arizona for Abortion Access

  Source: Arizona Mirror

On July 24, 2024, Arizona Right to Life filed a lawsuit to prevent the initiative from appearing on the ballot, saying that the ballot language was confusing and misleading to voters. The brief said, "The Amendment purports to allow regulation of late-term abortions but then guts that proffer with a huge loophole for 'good faith' abortionist judgements about the malleable scope of 'health' ... At a minimum, this means the state can do nothing to stop the abortion, even if it is being done for the most vile of eugenic or racist reasons, is being done in a horrific manner that is particularly painful to the prenatal human, or is being done at any time up to birth." In response, Cheryl Bruce, the campaign manager for Arizona for Abortion Access, said, "Their complaints are deceptive attempts to silence the will of more than 820,000 Arizona voters — the most voters ever unified in support of any citizen-led initiative in state history. Despite these bogus attacks by anti-abortion extremists, we have long been prepared for just this type of unfounded attempt to shut down direct democracy in our state." On August 5, 2024, the Maricopa County Superior Court dismissed the lawsuit. On August 20, 2024, the Arizona Supreme Court struck down the lawsuit, saying that the description was accurate and complied with state law.

How to cast a vote

See also: Voting in Arizona

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Arizona.

How to cast a vote in Arizona

Poll times In Arizona, all polling places are open from 6:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. To vote in Arizona, one must be a citizen of the United States and a resident of an Arizona county. A voter must be 18 years or older on or before Election Day. To be eligible to vote in an election one must register at least 29 days prior to the election. Individuals can register online, in person at the county recorder's office, or by mail. Automatic registration Arizona does not practice automatic voter registration. Online registration See also: Online voter registration Arizona has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Arizona does not allow same-day voter registration. Residency requirements Arizona law requires 29 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Arizona requires voters to submit proof of citizenship with their voter registration application to vote in state and local elections. According to the Arizona Secretary of State's website: "A registrant who attests to being a citizen but fails to provide proof of citizenship and whose citizenship is not otherwise verified will be eligible to vote only in federal elections (known as being a 'federal only' voter)." Accepted proof of citizenship include: An Arizona Driver's License/Identification Number Indian Census Number, Bureau of Indian Affairs Card Number, Tribal Treaty Card Number, or Tribal Enrollment Number A photocopy of U.S. naturalization documents A photocopy of a birth certificate and supporting legal documentation (i.e., marriage certificate) if the name on the birth certificate is not the same as your current legal name. A photocopy of a U.S. passport. A photocopy of a Tribal Certificate of Indian Blood or Bureau of Indian Affairs Affidavit of Birth. On August 22, 2024, the U.S. Supreme Court issued an emergency order partially granting the Republican National Committee and Arizona Republicans' request to enforce a 2022 law related to proof of citizenship requirements. The court allowed the enforcement of the provision requiring the state to reject state voter registration forms submitted without proof of citizenship. Previously, a person who submitted a state voter registration form without proof of citizenship could still be a federal only voter. After the court's ruling, a person unable to provide proof of citizenship would need to submit a federal voter registration form in order to vote in federal elections. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. As of November 2024, five states — Alabama, Arizona, Georgia, Kansas, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The Arizona Voter Information Portal, run by the Arizona Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirements Arizona requires voters to present photo identification or two forms of non-photo identification while voting. The following were accepted forms of identification as of July 2024: Click here for the Arizona Citizens Clean Elections Commission's page on accepted ID to ensure you have the most current information. Voters can present one of the following forms of ID that contain the voter’s photograph, name, and address: Arizona driver’s license U.S. federal, state, or local government-issued ID, issued with printed name and address Arizona ID card Tribal enrollment card or other form of tribal ID If a voter does not have one of the above forms of ID, the voter can present two of the following forms of ID that contain the voter’s name and address: Utility bill in the voter's name Bank or credit union statement that is dated within 90 days of the date of the election Valid Arizona vehicle registration Arizona vehicle insurance card Indian census card Property tax statement Recorder's certificate or voter registration card Tribal enrollment card or other tribal ID Valid U.S. federal, state, or local government-issued ID with a printed name and address or Any mailing in the voter's name that is labeled "official election material"   Additionally, if a voter presents photo ID that does not list an address within the precinct in which he or she wants to cast a vote, that person may present the photo ID with one non-photo identification material from the second list above. The identification material should include the voter’s address.

See also

2024 measures

• 2024 ballot measures
• Abortion on the ballot
• 2024 legislative sessions

Arizona

• Arizona ballot measures
• Arizona ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Arizona Abortion Access Act Amendment (2024)