Florida Amendment 4, Right to Abortion Initiative (2024)

Florida Amendment 4
Election date November 5, 2024
Topic Abortion
Status d Defeated
Type Constitutional amendment	Origin Citizens

Florida Amendment 4, the Right to Abortion Initiative, was on the ballot in Florida as an initiated constitutional amendment on November 5, 2024. It was defeated.

A "yes" vote supported adding the following language to the Florida Constitution’s Declaration of Rights: “… no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” Amendment 4 maintained the existing constitutional provision that permitted a law requiring parents to be notified before a minor can receive an abortion.

A "no" vote opposed amending the Florida Constitution's Declaration of Rights to provide that the state cannot "... prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider."

Election results

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

Amendment 4 needed to receive a 60% vote to be approved.

Florida Amendment 4
Result		Votes	Percentage
Yes		6,070,758	57.17%
No		4,548,379	42.83%

Results are officially certified.

Source

Overview

What would the initiative have done?

See also: Text of measure

The initiative would have provided a constitutional right to abortion before viability or when "necessary to protect the patient's health, as determined by the patient's healthcare provider."

The following language would have been added to the state constitution: "Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider."

The initiative would not have changed the state legislature's authority to enact a law requiring the parents of a minor to be notified if their child is seeking an abortion, with exceptions that can be attained through a judicial waiver.

What did supporters and opponents say about the measure?

See also: Support and Opposition

Floridians Protecting Freedom, which describes itself as "a statewide campaign of allied organizations and concerned citizens working together to protect Floridians’ access to reproductive health care and defend the right to bodily autonomy," sponsored the initiative. The campaign said, "All Floridians deserve the freedom to make personal medical decisions, free of government intrusion," and that "there are so many reasons why someone may make the deeply personal decision to have an abortion – maybe their birth control failed, or they were a victim of rape or incest, or carrying a pregnancy would endanger their lives. Politicians shouldn’t be allowed to interfere in this personal decision or to prevent nurses and doctors from treating their patients." Supporters of the initiative include the ACLU of Florida, Planned Parenthood, Florida Women's Freedom Coalition, Florida Rising, SEIU 1199 Florida, and Women's Voices of Southwest Florida.

Five committees registered to oppose the initiative: Florida Voters Against Extremism, Keep Florida Pro Life, Do No Harm Florida, Life First PC, and Florida Freedom Fund. Florida Freedom Fund, created by Florida Governor Ron DeSantis (R), registered to oppose the initiative as well as Amendment 3, the marijuana legalization initiative. Other opponents include the Florida Conference of Catholic Bishops, Florida Family Policy Council, Susan B. Anthony Pro-Life America, Florida Family Action, the Florida Republican Party, and Florida Governor Ron DeSantis (R). Florida Voters Against Extremism said the initiative "does not require an actual medical doctor to determine if an abortion is necessary to protect the mother’s health or if the fetus is viable, but instead allows any 'health care provider' to make these decisions. Under Florida law, 'health care providers' is not limited to doctors so even employees of abortion clinics who are not doctors would be able to approve late-term abortions." FVAE also said the initiative would "[eliminate] the current law that requires parental consent for their minor daughter to have an abortion" and "would allow abortion right up to the moment of birth, including when a baby is capable of feeling pain with no protections for the unborn baby."

What is the status and history of abortion in Florida?

See also: Background

On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban took effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.

In 2012, voters rejected an amendment limiting public funds for abortions, and in 2004, they approved parental notification for minors seeking abortions.

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

Noteworthy events

See also: Noteworthy events

To read about noteworthy events surrounding Amendment 4, click here. Noteworthy events include:

• investigations into petition circulators and signers by the state election crime unit;
• a lawsuit alleging state election interference and misuse of public funds by the Agency for Health Care Administration for its advertisements and webpage opposing Amendment 4;
• commentary, opinions, and predictions about Amendment 4's potential impact on other 2024 elections, including the presidential election; and
• a lawsuit surrounding the measure's financial impact statement.

Text of measure

Ballot title

The ballot title was as follows:

“

Amendment to Limit Government Interference with Abortion

”

Ballot summary

The proposed ballot summary was as follows:

“

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.

”

Financial impact statement

The financial impact statement as written by the Florida Financial Impact Estimating Conference on July 15, 2024, was as follows:

“

The proposed amendment would result in significantly more abortions and fewer live births per year in Florida. The increase in abortions could be even greater if the amendment invalidates laws requiring parental consent before minors undergo abortions and those ensuring only licensed physicians perform abortions. There is also uncertainty about whether the amendment will require the state to subsidize abortions with public funds. Litigation to resolve those and other uncertainties will result in additional costs to the state government and state courts that will negatively impact the state budget. An increase in abortions may negatively affect the growth of state and local revenues over time. Because the fiscal impact of increased abortions on state and local revenues and costs cannot be estimated with precision, the total impact of the proposed amendment is indeterminate.

”

To see information about the lawsuits surrounding the financial impact statement, click here.

Constitutional changes

See also: Article I, Florida Constitution

The ballot initiative would have added a new section to Article I of the Florida Constitution. The following underlined text would have been added:

Limiting government interference with abortion.— Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.

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 initiative proponents wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 16, and the FRE is -6. The word count for the ballot title is 7.

The FKGL for the ballot summary is grade level 17, and the FRE is 15. The word count for the ballot summary is 49.

Support

Floridians Protecting Freedom led the campaign in support of the initiative.

Supporters

Officials

• President of the United States Joe Biden (D)
• U.S. Rep. Kathy Castor (D)
• U.S. Rep. Sheila Cherfilus-McCormick (D)
• U.S. Rep. Lois Frankel (D)
• U.S. Rep. Maxwell Alejandro Frost (D)
• U.S. Rep. Jared Evan Moskowitz (D)
• U.S. Rep. Darren Soto (D)
• U.S. Rep. Debbie Wasserman Schultz (D)
• U.S. Rep. Frederica S. Wilson (D)
• State Sen. Lori Berman (D)
• State Sen. Lauren Book (D)
• State Sen. Tracie Davis (D)
• State Sen. Shevrin Jones (D)
• State Sen. Jason Pizzo (D)
• State Sen. Tina Polsky (D)
• State Sen. Linda Stewart (D)
• State Rep. Robin Bartleman (D)
• State Rep. Lindsay Cross (D)
• State Rep. Dan Daley (D)
• State Rep. Fentrice Driskell (D)
• State Rep. Anna Eskamani (D)
• State Rep. Ashley Gantt (D)
• State Rep. Sherita Harris (Nonpartisan)
• State Rep. Dianne Hart (D)
• State Rep. Christine Hunschofsky (D)
• State Rep. Tom Keen (D)
• State Rep. Angela Nixon (D)
• State Rep. Susan Valdes (D)
• Democratic Party of Florida
• Chair of the Florida Democratic Party Nikki Fried (D)

Unions

• SEIU 1199 Florida

Organizations

• ACLU of Florida
• Faith in Public Life Action
• Florida Rising
• Florida Women's Freedom Coalition
• League of Women Voters of Florida
• Men4Choice
• Planned Parenthood of Southwest and Central Florida
• The Fairness Project
• Think Big America
• Women's Voices of Southwest Florida

Arguments

• Faith in Public Life Action: "Faith leaders across Florida are committed to loving our neighbors by protecting their freedom to make the best decisions for themselves, their families and their communities. Our beliefs implore us to respect the sacredness of our ability to discern right action particularly in complex matters around our reproductive health. This stance is not rooted in politics, but in our unwavering commitment to loving our neighbors by protecting their dignity and agency. People of faith who believe in justice and community must be on the frontlines fighting for accessible and comprehensive reproductive care to protect the most vulnerable in our state. This is why Faith in Public Life Action is calling on people of all faiths to vote YES on Amendment 4."
• U.S. President Joe Biden (D): "Next week one of the nation’s most extreme anti-abortion law is going to take effect here in Florida. It criminalizes reproductive healthcare before a woman even knows that they are pregnant." Biden discussed other abortion rights measures appearing on statewide ballots and said, "This November, you can add Florida to that list. Are you ready to do that? You’ve gotta show up to vote."
• Floridians Protecting Freedom: "The overwhelming majority of Floridians think we should all have the freedom to make our own personal health care decisions without interference from politicians. Despite that, politicians in Florida just signed the most extreme abortion ban in the nation. It bans abortion before most people even realize they are pregnant. Help put these decisions back in the hands of Florida families and their doctors, not extreme politicians. There are so many reasons why someone may make the deeply personal decision to have an abortion – maybe their birth control failed, or they were a victim of rape or incest, or carrying a pregnancy would endanger their lives. Politicians shouldn’t be allowed to interfere in this personal decision or to prevent nurses and doctors from treating their patients."
• Senate Minority Leader Lauren Book (D-35): "The fight for freedom has never been more critical. Despite the fact that abortion is no longer a partisan issue for Americans, elected Republicans across the US are working to take away access to women’s healthcare. We must not back down!"
• Anna Hockhammer, executive director of the Florida Women’s Freedom Coalition: "Amendment 4 is very explicit that it doesn’t change the Legislature’s existing constitutional authorities vis á vis parental rights. We support parental rights. We want parents to be involved in making the health care decisions for their children. I would argue that Amendment 4 gives more power to parents and guardians because it restores the decision making to patients, their families, and their health care teams and their doctors and takes it out of the hands of politicians and government. Amendment 4 does nothing to preclude the state from regulating medical services the way that it does with every other procedure. You don’t go to a dentist to get open heart surgery, and your message therapist isn’t your dermatologist. Nothing in Amendment 4 precludes the state from making sure that competent, trained doctors and other health care professionals are the ones who can provide abortion access."
• Laura Goodhue, executive director of the Florida Alliance of Planned Parenthood Affiliates: "Politicians don’t want us to take our power back, so they’re trying to rig the system, because they know in a fair fight, they’ll lose. Floridians are fed up with the government meddling where they have no business — from accessing abortion to accessing the ballot."

Opposition

Five committees registered to oppose the initiative: Florida Voters Against Extremism, Keep Florida Pro Life, Do No Harm Florida, Life First PC, and Florida Freedom Fund. Florida Freedom Fund, created by Florida Governor Ron DeSantis (R), registered to oppose the initiative as well as Amendment 3, the marijuana legalization initiative.

Opponents

Officials

• U.S. Sen. Marco Rubio (R)
• U.S. Sen. Rick Scott (R)
• U.S. Rep. Aaron Bean (R)
• U.S. Rep. Byron Donalds (R)
• U.S. Rep. Neal Dunn (R)
• U.S. Rep. Matt Gaetz (R)
• U.S. Rep. Cory Mills (R)
• U.S. Rep. Greg Steube (R)
• Florida Gov. Ron DeSantis (R)
• State Sen. Daniel Burgess (R)
• State Sen. Jay Collins (R)
• State Rep. Jenna Persons-Mulicka (R)
• State Rep. Paul Renner (R)
• Attorney General Ashley B. Moody (R)

Candidates

• Donald Trump (Conservative Party, Republican Party) - Former U.S. President

Political Parties

• Republican Party of Florida

Organizations

• Democrats for Life of Florida
• Florida Conference of Catholic Bishops
• Florida Family Action, Inc.
• Florida Family Policy Council
• Florida Right to Life
• Liberty Counsel
• National Center for Life and Liberty
• Priests for Life
• Students for Life Action
• Susan B. Anthony Pro-Life America

Individuals

• Ben Shapiro - Host of The Ben Shapiro Show

Arguments

• Florida Family Action: "The sponsors of this extreme amendment want to legalize abortion up to the moment of birth and to repeal all limitations and regulations on abortion – even safety regulations that protect women – because they want to make Florida the home of late-term abortions in the Southeast."
• Florida Agency for Health Care Administration: "Florida cares about women and children. ... Florida is protecting life. We must keep Florida from becoming an abortion tourism destination state."
• Attorney General Ashley B. Moody (R): "As just one example of how misleading this initiative is, the initiative creates a right to abortion through 'viability.' ... The sponsor has gone so far attempting to deceive Floridians as to not post any information on its website on what it means by viability and when the right to abortion, which it is attempting to enshrine in our Constitution, ends. ... While I personally would not vote for this initiative no matter what definition of 'viability' it was using, I know that to some voters, it is material to their vote – whether you are talking about an abortion in the first trimester or at the end of the second trimester."
• Florida Voice for the Unborn: "The amendment mandates unlimited abortion in Florida! The amendment requires the return of barbaric partial-birth abortions in Florida! The amendment overrides parental consent for an abortion in Florida! The amendment encourages the expansion of abortion business in Florida! The amendment prohibits reasonable protections for women's health in Florida!"
• Dr. Grazie Pozo Christie, senior fellow for the Catholic Association: "According to this ballot amendment, anybody could perform an abortion. For instance, a girl could go to a Planned Parenthood office and be given the chemical abortion pill or a prescription for the pill by the receptionist. So there is no clinical oversight at all over something that is a very dangerous [procedure]."
• State Executive Committee of the Republican Party of Florida: "Radical activists have collected petition signatures that would place on the November ballot a constitutional amendment that would enshrine abortions … which would bypass the delegated authority of the Legislature and override the right to life laws in effect in the State of Florida. ... The Republican Party of Florida supports Attorney General Ashley Moody’s work of legally challenging both this amendment and the efforts of the abortionists to place this amendment on the November ballot."
• Florida Gov. Ron DeSantis (R): "[The initiatives] are very, very extreme. Once voters figure out how radical both of those are, they’re going to fail."
• Lynda Bell, President of Florida Right to Life and co-founder of Do No Harm Florida: "The next step may be to force taxpayers to pay for abortions. [Abortion rights supporters in Michigan] are suing to force taxpayers to fund abortions."
• Life First PC: "Amendment 4 in Florida is a highly controversial proposal that seeks to significantly alter the state's existing abortion laws. If passed, this amendment would permit abortion up to the point of birth, a drastic departure from current restrictions that generally limit abortion after the viability of the fetus, except in cases of medical necessity. Additionally, it would grant minors the ability to undergo abortion procedures without parental consent, undermining parental rights and involvement in their children's critical healthcare decisions. Furthermore, Amendment 4 would expand the scope of medical professionals authorized to refer women for abortions beyond licensed abortionists and women’s health professionals. This expansion raises concerns regarding the quality of care and expertise involved in such referrals, potentially compromising the safety and well-being of women seeking abortion services. Amendment 4 presents significant implications for women’s health, parental rights, and the protection of unborn life in Florida, stirring debate and prompting advocacy efforts from pro-life advocates. We need your help to turn out 40.1% of voters to vote NO on amendment 4."
• Informed Church: "[The amendment] will permanently embed abortion for any reason, at any stage, by any health care provider into the Florida constitution. This measure would override all of the Current Protections & Regulations already in place, including parental right to consent. Amendment 4 is largely funded by Planned Parenthood, the ACLU and other organizations pushing for no-limit abortions in the state of Florida. They purposely use deceptive language to make the amendment confusing and vague. In fact, a similar amendment in Ohio that recently passed had 26% of evangelicals voting in favor of it because they simply did not understand the language and were uninformed."
• Florida Voters Against Extremism: "Amendment 4 pretends to 'just bring things back to how they were with Roe vs. Wade'– but it actually goes much further – allowing for abortion throughout all 9 months of pregnancy with no protections for the unborn baby. Unlike other Amendments, Amendment 4 provides ZERO definitions of key words like 'government interference', 'viability', 'health care provider', 'patient’s health' – so voters won’t even know what they’re voting on. This creates huge loopholes that will result in years of litigation and legal uncertainty. ... Amendment 4 gives abortion clinics a rubber stamp to approve late-term, third trimester abortions. ... Amendment 4 would make abortion the only medical procedure that minors could undergo without parental consent."
• U.S. Sen. Rick Scott (R-FL): "I don’t support the ballot initiative on abortion because it’s extreme. I think the Democrats are, I believe, extreme on this. They support abortion up until the moment of birth, they support allowing a healthy baby born alive to die just by leaving him in the corner."
• Donald Trump (R): "I think six weeks, you need more time than six weeks. I disagreed with that right from the early primaries. When I heard about it, I disagreed with it. At the same time, the Democrats are radical because the nine months is just a ridiculous situation where you can do an abortion in the ninth month. All of that stuff is unacceptable, so I'll be voting no (on Amendment 4) for that reason."
• Students for Life of America President Kristan Hawkins: "Floridians face a stark choice this November, when unlimited abortion is on the ballot. Make no mistake, the Democrats are going to use abortion as a Get-Out-The-Vote tactic to run from their terrible record on the border, economy, and foreign policy. The Pro-Life Generation will stand with vulnerable women and preborn babies to ensure it doesn’t happen."
• Florida Physicians Against Amendment 4: "This amendment violates our commitment to excellent health care for women and children because it would: Permit abortion through all nine months of pregnancy; Permit non-physicians to determine when and if an abortion can be performed, even in late pregnancy; Eliminate parental consent for minors; and; Remove common sense maternal health and safety regulations."

Campaign finance

See also: Campaign finance requirements for Florida ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through October 31, 2024. The deadline for the next scheduled reports is January 10, 2025.

Floridians Protecting Freedom sponsored the initiative. The campaign reported $118.6 million in contributions.

Seven committees registered to oppose the initiative and together have raised $12.1 million:

• Florida Voters Against Extremism
• Keep Florida Pro-Life
• Do No Harm Florida
• Life First PC
• Protect Human Life Florida
• NE Florida for Common Sense on Amendment 4; and
• Florida Freedom Fund, created by Florida Governor Ron DeSantis (R), registered to oppose the initiative as well as Amendment 3, the marijuana legalization initiative.

Additionally, two committees, Defending Unborn Life and Florida Students for Life Action Committee, registered to oppose the initiative but did not report campaign finance activity.

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	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$110,690,836.87	$7,940,736.67	$118,631,573.54	$109,578,065.47	$117,518,802.14
Oppose	$11,725,490.69	$371,303.83	$12,096,794.52	$10,337,136.94	$10,708,440.77

Support

The following table includes contribution and expenditure totals for the committee in support of the initiative.

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Committees in support of Amendment 4
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Floridians Protecting Freedom	$110,690,836.87	$7,940,736.67	$118,631,573.54	$109,578,065.47	$117,518,802.14
Total	$110,690,836.87	$7,940,736.67	$118,631,573.54	$109,578,065.47	$117,518,802.14

Donors

Following are the top donors to the support committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
The Fairness Project	$10,000,000.00	$0.00	$10,000,000.00
Marsha Laufer	$9,603,250.00	$0.00	$9,603,250.00
Charles and Lynn Schusterman Family Foundation	$5,000,000.00	$355,485.45	$5,355,485.45
Our American Future Action	$5,000,000.00	$0.00	$5,000,000.00
Tides Foundation	$3,467,500.00	$0.00	$3,467,500.00

Opposition

The following table includes contribution and expenditure totals for the committee in support of the initiative.

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Committees in opposition to Amendment 4
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Florida Freedom Fund	$7,270,076.65	$80.63	$7,270,157.28	$6,120,230.77	$6,120,311.40
Florida Voters Against Extremism	$3,377,927.29	$312,770.24	$3,690,697.53	$3,188,506.42	$3,501,276.66
Keep Florida Pro Life	$731,983.70	$0.00	$731,983.70	$725,565.99	$725,565.99
Do No Harm Florida	$140,786.99	$50,203.67	$190,990.66	$106,005.14	$156,208.81
Protect Human Life Florida	$169,472.06	$1,500.00	$170,972.06	$165,351.14	$166,851.14
NE Florida for Common Sense on Amendment 4	$31,445.00	$0.00	$31,445.00	$28,406.06	$28,406.06
Life First PC	$3,799.00	$6,749.29	$10,548.29	$3,071.42	$9,820.71
Total	$11,725,490.69	$371,303.83	$12,096,794.52	$10,337,136.94	$10,708,440.77

Donors

Following are the top donors to the opposition committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Conservatives for Principled Leadership	$1,000,000.00	$57,000.00	$1,057,000.00
Floridians for Economic Leadership	$1,000,000.00	$0.00	$1,000,000.00
Patricia Duggan	$1,000,000.00	$0.00	$1,000,000.00
Michael Charles Dearing	$500,000.00	$0.00	$500,000.00
PMI Global Services	$500,000.00	$0.00	$500,000.00
Holly Boswell	$325,000.00	$75,000.00	$400,000.00
Archdiocese of Miami	$322,593.00	$0.00	$322,593.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Satellite spending

See also: Satellite spending

The Florida Democratic Party made expenditures to support Amendment 4, including advertisements.

Media editorials

See also: 2024 ballot measure media endorsements

Support

The following media editorial boards published an editorial supporting the ballot measure:

• Sun Sentinel Editorial Board: "Women are not second-class citizens. Protect all Floridians' rights. Vote yes on Amendment 4."
• Miami Herald Editorial Board: "Because the alternative, if the amendment fails to get 60% of voter approval, is the state’s current six-week abortion ban, one of the strictest in the nation. Most women don’t even know they’re pregnant that early, making it essentially a complete ban. Florida also has a 24-hour mandatory waiting period, and telehealth appointments are prohibited before the procedure, adding additional obstacles for women who don’t live near a clinic or don’t have easy transportation. The ban is cruelest to women who need an abortion to protect their own health but cannot get one because — even though the ban has such health exceptions — doctors are afraid the state will second guess their medical judgment."
• Tampa Bay Times Editorial Board: "Women deserve the time and discretion to make informed medical choices, and Amendment 4 would provide that space and autonomy. It also would give doctors the certainty they need to care for their patients and the medical profession the protection to serve a growing state. The measure is also in sync with public attitudes on abortion, where Americans have long balanced the issues of privacy and life. While public support has fluctuated over time, polls consistently show U.S. adults endorse abortion access; currently, 63% say abortion should be legal in all or most cases, according to the Pew Research Center. Gallup has reported majority support for abortion almost continually since the 1970s."
• Palm Beach Post Editorial Board: "Tallahassee politicians have a history of claiming to be champions of the people when it serves their purpose — and their campaign – and running roughshod over rights when it doesn't. That can't happen this time. Floridians need to make it clear who runs Florida and who runs our individual lives. We do. We need to send a loud message to the government to, as vice presidential candidate Tim Walz put it succinctly: 'Mind your own d*** business.' Vote yes to secure reproductive freedoms under Amendment 4."
• Orlando Sentinel Editorial Board: "In requiring a near-total ban on childbirth choice, Florida lawmakers not only told women what they are expected to do with their bodies. They put barriers on the kind of lives they expect women to lead. They had no right to do so."
• Tampa Bay Times Editorial Board: "Florida’s rush to curtail a right that existed for decades shows the danger of politicizing health care decisions and the extent the state’s Republican-led government is out of touch with public sentiment. … Women deserve the time and discretion to make informed medical choices, and Amendment 4 would provide that space and autonomy. It also would give doctors the certainty they need to care for their patients and the medical profession the protection to serve a growing state."
• Miami Herald Editorial Board: "The ban is cruelest to women who need an abortion to protect their own health but cannot get one because — even though the ban has such health exceptions — doctors are afraid the state will second-guess their medical judgment."

Opposition

You can share campaign information or arguments, along with source links for this information, at [email protected]

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].

Florida Amendment 4, Right to Abortion Initiative (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

Public Opinion Research Lab (PORL) at the University of North Florida	10/7/2024-10/18/2024	853 LV	± 3.5%	60%	32%	8%
	Question: "Amendment 4 titled “Amendment to Limit Government Interference with Abortion” states: No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider. This amendment does not change the Legislature's constitutional authority to require notification to a parent or guardian before a minor has an abortion. If the election were held today, would you vote yes or no for this proposition?"

New York Times/Siena College	8/29/2024-10/6/2024	622 LV	± 4.8%	46%	38%	16%
	Question: "If the 2024 election were held today, would you vote YES or NO on Amendment 4 that would if passed legalize abortions up to the point of fetal viability, or generally acknowledged to be the 24th week of pregnancy?"

Public Policy Polling	8/25/2024-8/26/2024	808 RV	± 3.5%	58%	31%	11%
	Question: "Amendment 4, titled an “Amendment to limit government interference with abortion,” will appear on the ballot in Florida this November. It reads: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.” If the election was today, would you vote yes or no on Amendment 4?"

Emerson College Polling/The Hill	9/3/2024-9/5/2024	815 LV	± 3.4%	55%	26%	20%
	Question: "This November, a ballot measure will appear to provide a constitutional right to abortion before fetal viability. Would you vote yes or no on this measure?"

Public Policy Polling	8/21/2024-8/22/2024	837 RV	± 3.4%	61%	25%	14%
	Question: "Amendment 4, titled an “Amendment to limit government interference with abortion,” will appear on the ballot in Florida this November. It reads: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.” If the election was today, would you vote yes or no on Amendment 4?"

Florida Atlantic University and Mainstreet Research USA	8/10/2024-8/11/2024	1500 RV	± 3.0%	56%	21%	23%
	Question: "On the upcoming ballot amendment 4, which reads: No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion. Which way are you considering voting?"

Suffolk University Poll	8/7/2024-8/11/2024	500 LV	± 4.6%	58.20%	35.20%	6.80%
	Question: "Amendment 4 would allow first and second trimester abortions (before the fetus could survive outside the womb) or when necessary to protect the health of the patient as determined by the patient’s healthcare provider. A YES vote supports establishing a constitutional right to abortion before fetal viability. A NO vote opposes establishing a constitutional right to abortion before fetal viability. At this point, would you vote yes or no?"

University of North Florida	7/24/2024-7/27/2024	774 LV	± 4.6%	69%	23%	8%
	Question: "Amendment 4 titled “Amendment to Limit Government Interference with Abortion” states: No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider. This amendment does not change the Legislature's constitutional authority to require notification to a parent or guardian before a minor has an abortion. If the election were held today, would you vote yes or no for this proposition?"

Fox News	6/1/2024-6/4/2024	1075 RV	± 3%	69%	27%	4%
	Question: "If the election were today, how would you vote on Amendment 4, which would establish the right to an abortion up until fetal viability or when necessary to protect the patient's health?"

USA Today/Ipsos	4/5/2024-4/7/2024	1014 RV	± 4.1%	57%	36%	6%
	Question: "If there is a ballot measures in Florida to decide abortion rights, would you vote for or against making abortion legal up until fetal viability, which is at about 24 weeks?"

Emerson College Polling	4/9/2024-4/10/2024	1000 RV	± 3.00%	42%	25%	32%
	Question: "This November, a ballot measure will appear to provide a constitutional right to abortion before fetal viability. Would you vote yes or no on this measure?"

University of North Florida	11/6/2023-11/26/2023	716 RV	± 4.37%	62%	29%	9%
	Question: "An amendment has been proposed to the Florida Constitution that states, “no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.” If the measure appears on the Florida ballot in 2024, will you vote yes or no on this amendment?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

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)

See also: 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.

Status of abortion in Florida

This section outlines the changes in laws related to abortion from 2004 to 2023. The events are listed in reverse chronological order with the most recent appearing first.

• On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban took effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.

• On April 13, 2023, Florida Governor Ron DeSantis (R) signed Senate Bill 300, the Heartbeat Protection Act, which was designed to prohibit abortions once a fetal heartbeat is detectible, generally around six weeks into pregnancy. The new bill banning abortions after six weeks was set to take effect 30 days after the Florida Supreme Court rules on the 15-week abortion ban case.

• On January 23, 2023, the Florida Supreme Court agreed to hear arguments in Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al., a case brought by Florida abortion providers challenging the constitutionality of House Bill 5. The 15-week abortion ban law has remained in effect pending the state supreme court ruling.

• On April 15, 2022, Florida Governor Ron DeSantis (R) signed House Bill 5, which created a ban on abortions after 15 weeks. Prior to the law taking effect in July 2022, abortions were legal in Florida until 24 weeks.

• In 2012, Florida voters rejected an amendment placed on the ballot by the state legislature that would have prohibited the state from spending public funds for abortions or health insurance that includes abortion coverage. Exceptions would have been made for (a) when a physician determined that physical conditions placed the woman at risk of death unless an abortion was performed; (b) when a pregnancy resulted from rape or incest; or (c) when federal law required the spending. The amendment would have also added language to the Florida Constitution stating that the state constitution could not be interpreted to "create broader rights to an abortion" than the U.S. Constitution.

• In 2004, Florida voters approved a constitutional amendment referred to them by the state legislature that authorized the Florida State Legislature to enact a law requiring that the parents of a minor must be notified before the minor receives an abortion. It provides exceptions to parental notification through a judicial waiver process. It was approved with 65% of voters in favor and 35% opposed.

Abortion regulations by state

See also: 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

See also: Laws governing the initiative process in Florida

The state process

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state's 28 congressional districts. Signatures remain valid until February 1 of an even-numbered year. Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state's congressional districts (222,898 signatures for 2024 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially invalid under the United States Constitution."

The requirements to get an initiative certified for the 2024 ballot:

• Signatures: 891,523 valid signatures
• Deadline: The deadline for signature verification was February 1, 2024. As election officials have 30 days to check signatures, petitions should be submitted at least one month before the verification deadline.

In Florida, proponents of an initiative file signatures with local elections supervisors, who are responsible for verifying signatures. Supervisors are permitted to use random sampling if the process can estimate the number of valid signatures with 99.5% accuracy. Enough signatures are considered valid if the random sample estimates that at least 115% of the required number of signatures are valid.

Details about the initiative

• May 8, 2023: The initiative, which was filed by Floridians Protecting Freedom, was approved for signature gathering on May 8, 2023.
• September 1, 2023: The Florida Division of Elections reported that the campaign had submitted 297,586 valid signatures, qualifying the initiative for a review by the Florida Supreme Court.
• January 5, 2024: The Division of Elections determined that the initiative qualified for the ballot on January 5, 2024, and that sponsors had submitted 996,512 valid signatures.

Signature gathering cost

See also: Ballot measures cost per required signatures analysis

Sponsors of the measure hired PCI Consultants and Inc. to collect signatures for the petition to qualify this measure for the ballot. A total of $18,150,751.31 was spent to collect the 891,523 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $20.36.

Florida Supreme Court Review

In Florida, once proponents submit 25% of the required number of signatures for an initiative, the attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially invalid under the United States Constitution."

On October 31, 2023, Florida Attorney General Ashley B. Moody filed a brief with the Florida Supreme Court arguing that the initiative should be blocked from appearing on the 2024 ballot. Moody argued that "The ballot summary vastly understates the potentially sweeping scope of the amendment, by failing to explain what 'viability,' 'health,' or 'healthcare provider' means, and by not disclosing that a 'healthcare provider' might have power to determine when a baby is viable," and that "the potential misinterpretations of the amendment would allow a healthcare provider to render nearly any abortion restriction a practical nullity."

Briefs opposing the challenge were filed by initiative sponsors Floridians Protecting Freedom and supporters of the measure including the American College of Obstetricians and Gynecologists, Florida doctors, and former Florida Republican legislators.

February 7 hearing:

The Florida Supreme Court heard arguments in the case on February 7, 2024.

Chairman Mat Staver of Liberty Counsel, which describes itself as a "litigation, education, and policy organization dedicated to advancing religious freedom and the sanctity of life," said, "The state of Florida through the Legislature, through the executive and also through the courts will have no ability to protect women or regulate any aspect of abortion. It is a free-for-all. It’s total deregulation of abortion, which is frankly deceptive.”

Courtney Brewer, lawyer for Floridians Protecting Freedom, said, "The language of the summary and the amendment are clear and unambiguous. Florida voters will be able to understand that and I am confident based on the court’s questioning today that they understand that as well."

Chief Justice Carlos Muñiz said, "The people of Florida aren’t stupid — they can figure things out. People can see for themselves whether it’s too broad or vague."

Justice Charles Canady said, "It seems like to me all these things need to be argued about in the political process, because otherwise it’s a restriction on the substance of what can be proposed. We’re not given the power in the constitution to impose such a restriction."

Justice John Couriel said, "You’re saying this is a wolf. And a wolf it may be, but it seems our job is to say whether it’s a wolf in sheep’s clothing. That’s all we get to do. This may be as sweeping as you say, it may be that it wipes away all regulation of abortion. … We may find that very persuasive from the standpoint of whether or not to vote in favor of the amendment. But … the question before us is, is this hiding a ball in some meaningful way, or can voters look at this and say, that’s sweeping and we shouldn’t approve this?"

Noteworthy events

Signature validity lawsuit

Lawsuit overview
Issue: Whether the measure is valid or not; whether signatures submitted were valid
Court: Circuit Court of the Ninth Judicial District, Orange County
Plaintiff(s): St. Lucie County residents Hope Hoffman and Terri Kellogg, and Taylor County residents Chelsey Davis and Lorien Hershberger	Defendant(s): County Supervisors of Elections, Secretary of State Cord Byrd, the Florida Department of State, the Elections Canvassing Commission, and Floridians Protecting Freedom

  Source: Document Cloud

On October 16, 2024, St. Lucie County residents Hope Hoffman and Terri Kellogg, and Taylor County residents Chelsey Davis and Lorien Hershberger, who are represented by former Florida Supreme Court Justice Alan Lawson, filed a lawsuit in the Circuit Court of the Ninth Judicial District in Orange County, Florida, seeking to have the measure invalidated and blocking counting of any votes on the measure. Named defendants include county supervisors of elections, Secretary of State Cord Byrd, the Florida Department of State, the Elections Canvassing Commission, and Floridians Protecting Freedom. The plaintiffs alleged that Floridians Protecting Freedom "did not obtain the required number and distribution of valid initiative petition signatures because it submitted initiative petitions that—whether due to fraud, mistake, error, or any other reason—contained forged, fictitious, illegally obtained,and otherwise invalid signatures."

Lauren Brenzel, Campaign Director for Yes on 4, said, "These lawsuits, coming on the heels of the State of Florida’s latest attempt to undermine Floridians’ right to vote on Amendment 4, are desperate. Ask yourself, why is this happening now, over half a year after over 997,000 petitions were verified by the state of Florida and with less than a month until the election these anti-abortion extremists want to relitigate the petition collection process? Simply put, it’s because our campaign is winning and the government and its extremist allies are trying to do everything they can to stop Floridians from having the rights they deserve."

Office of Election Crimes and Security report on petition fraud investigations (October 2024)

On October 11, 2024, the Office of Election Crimes and Security published a report on investigations of initiative petition fraud surrounding Amendment 4. The full report is available here.

The report says its office received complaints alleging that Floridians Protecting Freedom's paid circulators signed petitions on behalf of deceased individuals, forged or misrepresented signatures, used electors' personal information without consent, and perjury and false swearing.

Deputy Secretary of State Brad McVay said, "All should agree that there is no room for fraud when it comes to changing the Florida Constitution. We look forward to constructive dialogue on the adequacy of current law in addressing initiative petition fraud."

State Election Crime Unit investigations and arrests for petition fraud

In 2022, Gov. Ron DeSantis (R) signed Senate Bill 524 into law, which created the Office of Election Crimes and Security (OECS) within the Florida Department of State, which oversees elections. The OECS is tasked with "conducting preliminary investigations into any irregularities or fraud involving voter registration, voting, candidate or issue petition activities, or any other alleged violations of Florida’s Election Code."

On September 5, 2024, the Tampa Bay Times reported that the Department of State was "examining thousands of petition signatures that were used to get the abortion amendment on November ballots, saying it’s looking for fraud." The Department of State requested county elections supervisors to submit thousands of signatures for the state to review. Osceola County Supervisor of Elections Mary Jane Arrington said, "I have never in my tenure had a request like this one."

On September 10, 2024, AP News reported, "State police in Florida are showing up at the homes of voters who signed a petition to get an abortion rights amendment on the ballot in November as part of a state probe into alleged petition fraud."

Between August 28, 2023, and September 12, 2024, the Office of Election Crimes and Security posted twelve press releases announcing the arrests or active warrants for the arrest of petition circulators and petition signers, including those specifically related to the abortion initiative. The arrests were made by the Florida Department of Law Enforcement's Election Crime Unit.

Gov. Ron DeSantis (R) said, "They’re investigating this, as they should. Our tolerance for voter fraud in the state of Florida is zero. That’s the only thing that you can do is to have zero tolerance.” He also said, "Anyone who submitted a petition that is a valid voter, that is totally within their rights to do it. We are not investigating that. What they are investigating is fraudulent petitions. We know that this group did submit on behalf of dead people.”

Florida Democratic Party Chair Nikki Fried said the governor "has repeatedly used state power to interfere with a citizen-led process to get reproductive freedom on the ballot. This is their latest desperate attempt before Election Day."

Ciara Torres-Spelliscy, a professor of constitutional and elections law at the Stetson University College of Law, said the state has no legal precedent to rely on in an attempt to have the initiative removed from the ballot. Torres-Spelliscy said, "The Florida Supreme Court already allowed the abortion question to go on the ballot in April of 2024. Thus this effort to question signatures at this point seems far too late."

Florida Agency for Health Care Administration website opposing Amendment 4

On September 12, 2024, The ACLU of Florida and the Southern Legal Counsel filed a joint lawsuit against the Florida Agency for Health Care Administration for publishing a page on its website and running television advertisements opposing Amendment 4. The page was hosted on the AHCA's website under its Health Care Transparency section with an icon labeled Florida Cares. The website said "Florida is protecting life. Don't let the fearmongers lie to you. Current law protects women, Amendment 4 threatens women's safety. The Florida Legislature will lose the ability to protect basic, common-sense health care regulations due to [the] open-ended and arbitrary terms [in the text of the amendment]."

ACLU of Florida attorney Michelle Morton said, "Florida’s government has crossed a dangerous line by using public resources to mislead voters and manipulate their choices in the upcoming election. This lawsuit aims to stop these unconstitutional efforts and restore integrity to our electoral process."

Florida Gov. Ron DeSantis said, "Everything that is put out is factual. It is not electioneering. I am glad they are doing it."

Commentary regarding the initiative's potential impact on 2024 elections

See also: Presidential election in Florida, 2024

The following quotes showcase the opinions and predictions of the initiative's potential impact on the election from Democratic campaign leaders, Republican consultants, legislators, Governor Ron DeSantis (R), presidential candidate Donald Trump (R), and others.

The Democratic Congressional Campaign Committee (DCCC) spokesperson Lauryn Fanguen said, "This is a serious blow for anti-abortion extremists Anna Paulina Luna and María Elvira Salazar. There’s no question that when abortion rights are on the ballot, Democrats, Republicans, and Independents alike turn out to vote to protect their freedoms." Fentrice Driskell (D-67), Democratic minority leader in the Florida House of Representatives said, "I do believe [House seats] are winnable [for Democrats]. I already believed they were winnable, but I think the ballot initiative really helps us. ... The mere fact that the initiative’s on the ballot is not enough, but it does give us a lane to talk to voters about issues that matter to them." Amy Littlefield, reproductive healthcare correspondent for The Nation, wrote, "Not only is Florida the last bastion of abortion access in the Southeast, it’s a state with the third highest number of electoral votes and a memorable record of swinging presidential elections." Julie Chavez-Rodriguez, campaign manager for President Joe Biden's re-election campaign, after the state supreme court overturned the right to abortion and allowed a six-week abortion ban to take effect, said, "As we’ve seen in election after election, protecting abortion rights is mobilizing a diverse and growing segment of voters to help buoy Democrats up and down the ballot. With an abortion amendment officially on the ballot this November in Florida, President Biden and Vice President Harris and their commitment to fighting back against Donald Trump and Rick Scott’s attacks on reproductive freedom will help mobilize and expand the electorate in the state, given the overwhelming majority of Floridians support abortion rights." David Jolly, former Republican congressman from Tampa, said, "The ballot initiative is a game-changer. It’s opened a lane for Biden, and one he has to explore." Presidential candidate Donald Trump (R) said, "Florida is probably maybe going to change also. See, it's all what-- it's the will of the people. This is what I've been saying. It's a perfect system. So for 52 years, people have wanted to end Roe v Wade to get it back to the states. We did that. It was an incredible thing, an incredible achievement. We did that. And now the states have it, and the states are putting out what they want. It's the will of the people. So Florida's probably going to change. Arizona is going to definitely change. Everybody wants that to happen. And you're getting the will of the people. It's been pretty amazing." Florida Gov. Ron DeSantis (R) said, "[Joe Biden] is coming down to try to support a constitutional amendment that wil mandate abortion up until the moment of birth, that will eliminate parental consent for minors, and that's written in a way that's intentionally designed to deceive voters. So all I can tell you is Floridians are not buying what Joe Biden is selling and in November we're going to play an instrumental role in sending him back to Delaware where he belongs." Steve Schale, who ran former President Barack Obama’s campaign in Florida in 2008 and 2023, and who is working for a PAC supporting Biden, said, “Until [a ballot initiative] does change an election, I’m not convinced one will. This could be the one that my whole theory is blown up on.” Republican consultant Mac Stipanovich said, "Support for the ballot initiative may narrow the margin of Biden’s loss, but it is more likely to get the 60% of the vote required to pass than he is to get 50%-plus-one." Stipanovich said one question is whether the amendment will bring out voters who will vote in favor of the amendment and vote against Trump. Stipanovich said, "If the ballot initiative really rings the bell [and gets], say, 65%, then maybe. Biden winning Florida would not be a unicorn, but it definitely would be a black swan." Peter Feaman, Florida’s Republican Party national committeeman, said, “This is going to cause us to have to work harder. There’s no question about it." Brett Doster, president of Front Line Strategies Inc. and a conservative consultant, said, "If they start pumping massive money in [Florida] because head-to-head [the presidential election] looks close, I could see the constitutional amendments mattering. But [Democrats are] in really, really deep water right now." Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia Center for Politics, said, "The Presidential race is what’s driving turnout. Besides, you’re going to have some Republican voters voting ‘yes’ on these things, and some Democratic voters voting ‘no.’"

Financial impact statement lawsuit

See also: Financial impact statement

  

Lawsuit overview
Issue: Whether the financial impact statement is accurate
Court: 1st District Court of Appeal, Florida Supreme Court
Ruling: Ruled in favor of defendants
Plaintiff(s): Floridians Protecting Freedom	Defendant(s): State elections officials
Plaintiff argument: The financial impact statement is inaccurate and was written in a biased way that is confusing to voters	Defendant argument: The financial impact statement is accurate

  Source: WMNF

The Financial Impact Estimating Conference released the financial impact statement for the measure in November 2023. In April 2024, the Florida Supreme Court issued a ruling that allowed a six-week abortion limit to take effect, therefore initiative proponents Floridians Protecting Freedom filed a lawsuit arguing that due to that ruling, the financial impact statement needed to be revised. Leon County Circuit Judge John Cooper agreed with proponents that the statement should be rewritten.

Senate President Kathleen Passidomo (R-Naples) and House Speaker Paul M. Renner (R-Palm Coast) directed the Financial Impact Estimating Conference to revise the statement. The conference held three meetings, which included Floridians Protecting Freedom, which participated in the revision statement.

Floridians Protecting Freedom filed a lawsuit in the Florida Supreme Court alleging that Sen. Passidomo and Rep. Renner had the power to direct the FIEC to revise the statement. The state supreme court ruled 6-1 that Floridians Protecting Freedom “actively participated in the estimating conference process that they now challenge, without questioning or objecting to the conference’s authority to issue a revised financial impact statement on its own initiative. For that basic reason, the petitioners waived or forfeited any reasonable claim to extraordinary relief from this court."

Lauren Brenzel, director for FPF, said, "Despite today’s decision, a ‘yes’ on Amendment 4 still means getting politicians out of our exam rooms so that women are free to make their own health care decisions with their doctors. Adding a deceptive financial impact statement to deliberately confuse voters is a shameful attempt to hide the fact that Florida law currently bans abortion before many women know they are pregnant with no exceptions for rape, incest or a woman’s health."

How to cast a vote

See also: Voting in Florida

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

How to cast a vote in Florida

Poll times In Florida, all polls are open from 7:00 a.m. to 7:00 p.m. local time. Florida is divided between the Eastern and Central time zones. 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 Florida, one must be at least 18 years of age, a citizen of the United States, and a legal resident of Florida and the county in which he or she intends to vote. Pre-registration is available beginning at 16 years of age. Voters may retrieve registration applications at the following locations: Local elections offices Public assistance agencies Disability services agencies Independent living centers Military recruitment offices Public libraries Drivers license office Tax collector's office The office of any entity authorized by the Florida Fish and Wildlife Conservation Commission to issue fishing, hunting, or trapping permits A registration form is also available online. The form can be printed and submitted via mail. Click here to find your county Supervisor of Elections. Automatic registration Florida does not practice automatic voter registration. Online registration See also: Online voter registration Florida has implemented an online voter registration system. Residents can register to vote by visiting this website. Voters may also apply for or modify their voter registration status while renewing their driver's license through the Florida Department of Highway Safety and Motor Vehicles’ online renewal system here. Same-day registration Florida does not allow same-day voter registration. Residency requirements To register to vote in Florida, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Florida does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "it is a 3rd degree felony to submit false information." 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 page Voter Information Lookup, run by the Florida Department of State, allows residents to check their voter registration status online. Voter ID requirements Florida requires voters to present photo identification with a signature while voting. The following list of accepted ID was current as of July 2024. Click here for the Florida Secretary of State's page on accepted ID to ensure you have the most current information. Florida driver’s license Florida identification card issued by the Department of Highway Safety and Motor Vehicles United States passport Debit or credit card Military identification Student identification Retirement center identification Neighborhood association identification Public assistance identification Veteran health identification card issued by the United States Department of Veterans Affairs License to carry a concealed weapon or firearm issued pursuant to s. 790.06 Employee identification card issued by any branch, department, agency, or entity of the federal government, the state, a county, or a municipality A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature.

See also

2024 measures

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

Florida

• Florida ballot measures
• Florida ballot measure laws

News and analysis

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

External links

• Initiative 23-07