These 10 states are voting on abortion ballot measures in the 2024 election

(CNN) — More than two years after the US Supreme Court overturned Roe v. Wade and ended the federal constitutional right to an abortion, voters in 10 states are deciding whether to cement reproductive rights in their state constitutions.

It goes a step further for residents in Arizona, Florida, Missouri, Nebraska and South Dakota: By voting in favor of reproductive rights, they would be casting ballots to invalidate their state’s current abortion ban or restrictive policies.

And in Nebraska, voters are also weighing in on a dueling measure that would do the opposite – cement the current abortion ban in the state’s constitution.

Reproductive health advocates are confident that they have voter sentiment on their side. In the seven states that have already seen a popular vote on abortion rights since Roe was overturned in 2022, every measure aimed at protecting access has passed, while all measures to restrict it have failed.

Here’s what’s on the ballot in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York and South Dakota, and check back for live results throughout election night.

Arizona

The Arizona Abortion Access Act would enshrine the right to an abortion in the state constitution up to fetal viability, around 22 to 24 weeks into pregnancy.

The Arizona State Supreme Court voted in April to uphold a Civil War-era total ban on abortion, sparking national outrage and prompting state lawmakers to repeal the ban before it could take effect. Abortion rights supporters say the moment served as a stark reminder of what could come if reproductive rights aren’t enshrined in the state constitution.

Colorado

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

While the vote in Colorado would make little change to the lawfulness of abortion itself, voter approval of the amendment would clear the way for the state to potentially cover abortions under Medicaid and some state employee health insurance plans. Proponents of the measure say this would go a long way toward expanding abortion access, especially among low-income individuals.

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

Florida

The Amendment to Limit Government Interference with Abortion would protect the right to an abortion up to the point of “viability” or to protect patients’ health as determined by their health care provider. It would need the support of at least 60% of voters to be approved.

Florida voters could have a huge impact on abortion access for the South, where nearly all of the states have some form of restriction on the procedure. The state once served as a critical access point for patients from states with more restrictive policies.

A federal judge recently accused officials of Republican Gov. Ron DeSantis’ administration of attempting to violate First Amendment rights in their fierce campaign against the ballot measure.

Maryland

The Right to Reproductive Freedom initiative would enshrine abortion as a right in the state’s constitution. The initiative would protect access to reproductive health care, including the choice to “continue, or end one’s own pregnancy.”

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

Missouri

The measure would establish a right in the state constitution to make reproductive care decisions without government interference – including abortion, up to fetal viability, around 22 to 24 weeks into pregnancy. It would also protect those seeking or providing care from government discrimination.

Missouri voters will decide whether or not to effectively undo the state’s current abortion ban. The measure specifically cites the right for people to make their own decisions about contraceptives, meaning access to birth control is also on the ballot.

Montana

Montana’s Right to Abortion Initiative would amend the state constitution to protect the right to make decisions about one’s own pregnancy – including the right to an abortion – through fetal viability or when needed to protect the pregnant patient’s life or health, as determined by a doctor.

Montana’s vote won’t change current access to abortion, but it could protect against future attempts to restrict abortion by state Republicans.

Nebraska (dueling ballot measures)

The Protect Women and Children initiative would enshrine the current 12-week abortion ban in the state constitution, with exceptions for rape, incest and medical emergencies. The Protect the Right to Abortion Initiative would enshrine the right to an abortion in the state’s constitution up to the point of viability or to protect the life or health of the pregnant patient.

This summer, Nebraska Secretary of State Bob Evnen announced that that, for the first time in the state’s history, two conflicting petition efforts had made the same ballot. Organizers campaigned fiercely to get their respective measures on the ballot – with each side accusing the other of using misleading tactics.

For a measure to pass, it needs to receive the majority of votes and at least 35% of the total votes cast in the election. If both amendments pass, the one with more votes will prevail.

Nevada

The Nevada Right to Abortion Initiative would establish in the state’s constitution the fundamental right to an abortion, up to the point of fetal viability, or to protect the life or health of a pregnant patient.

In Nevada, an amendment must be passed in two successive general elections before it can be added to the state constitution. If Nevadans vote to approve the measure, they would still have to wait two years and cast another vote in favor to see the right to an abortion written into the state constitution.

New York

If passed, the New York Equal Rights Amendment would amend the equal protection clause of the state’s constitution to say that a person’s rights cannot be denied due to “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”

The amendment survived several legal challenges to make it onto the state ballot. It seeks to provide protections against discrimination due to a number of factors, including pregnancy outcomes, age, disability, sexual orientation and gender identity. While proponents have focused on abortion rights, opponents have used the measure’s broad nature to raise concerns about transgender and parental issues.

South Dakota

The Right to Abortion Initiative would legalize abortion – with regulations – during the first and second trimesters of pregnancy. Currently, all abortions are banned in the state, except to save the life of the mother.

Reproductive rights advocates are hopeful this measure will return abortion access to pregnant survivors of rape or incest, who have no abortion options under the state’s current law. The measure would still allow for state regulation of abortion during the second trimester of pregnancy, but proponents say it would still be a win for reproductive rights in the state.

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