UPDATE, October 21, 2024: This article has been updated to reflect developments in Florida.

Abortion wins elections. We saw it last year when Ohio voters enshrined abortion rights into the state constitution, and in 2022 when Kansas, Kentucky, and Michigan voters rejected abortion restrictions and affirmed expanded protections.

Now, advocates and opponents alike are pushing more abortion-related measures onto upcoming ballots. Rewire News Group will be tracking abortion ballot initiatives and updating this list as groups gather signatures for their petitions and secure their place in this year’s elections.

States with certified abortion rights measures on the November 2024 ballot:

• Arizona
• Colorado
• Florida
• Maryland
• Missouri
• Montana
• Nebraska (Nebraska has both pro-choice and anti-abortion initiatives on the ballot.)
• New York
• Nevada
• South Dakota

Alabama

The state does not currently have a ballot initiative in the upcoming election cycle. Alabama has a total abortion ban with limited exceptions.

Alaska

Alaska does not currently have a ballot initiative in the upcoming election cycle. The state supreme court has ruled multiple times that abortion is constitutionally protected, and pregnant people can receive abortion care at any point during pregnancy.

Arizona

Proposition 139, a citizen-led ballot measure that would amend Arizona’s constitution to establish a fundamental right to abortion, will appear on the November ballot.

On August 12, Arizona Secretary of State Adrian Fontes certified 577,971 signatures submitted by Arizona for Abortion Access, a coalition of pro-choice groups including the ACLU of Arizona, Healthcare Rising Arizona, Planned Parenthood Advocates of Arizona, and more. The minimum number of signatures required was 383,923, and the organization said it submitted 823,685.

The Arizona Abortion Access Act, which will appear on the ballot as Proposition 139, would:

• Establish a fundamental right to abortion;
• Prohibit the state from limiting abortion access before the point of fetal viability (around 24 to 26 weeks of pregnancy) “without establishing that the limitation (1) is solely to protect the health of the patient, (2) doesn’t infringe on their autonomous decision making, and (3) uses only the least restrictive means;”
• Protect abortion access past the point of fetal viability if a health-care provider determines it is necessary to protect the pregnant person’s physical health, mental health, or life;
• Protect people who help pregnant patients access abortion care from being penalized by the state.

On July 10, Arizona for Abortion Access sued Republican lawmakers over official voter pamphlets—distributed by the Republican-majority Arizona Legislative Council—that Arizona for Abortion Access said use biased language. The pamphlets use the term “unborn human being,” and the group is asking for it to use “impartial language” and be amended to say “fetus.”

The current abortion law in Arizona uses the term “unborn human,” but the ballot measure does not. —Lorien Tyne and Natasha Roy

Arkansas

On August 22, the Arkansas Supreme Court upheld Secretary of State John Thurston’s rejection of Arkansans for Limited Government’s (AFLG) pro-choice ballot measure, which would have banned abortion after 18 weeks, with exceptions for cases of rape, incest, fatal fetal anomaly, or when necessary to protect the pregnant patient’s life or physical health. It will not appear on the November ballot.

Thurston had rejected the ballot measure in July on the grounds that AFLG did not submit required documents regarding paid canvassers. In the rejection letter, Thurston said only 87,382 signatures were collected by volunteer canvassers and could be accepted. AFLG needed 90,704 signatures and had submitted more than 100,000 on July 5.

AFLG sued Thurston on July 16 after he rejected the ballot measure. On July 24, the Arkansas Supreme Court ordered Thurston’s office to count all signatures on a proposed abortion rights ballot measure gathered by volunteer canvassers and to submit the count by the morning of ​​July 29.

The measure had faced an uphill battle for months: On November 28, 2023, Arkansas Attorney General Tim Griffin first rejected the title for a proposed ballot measure, dubbed the Arkansas Abortion Amendment. In his rejection, Griffin cited confusion over the ballot language’s use of the words like “access” and “health,” and said the ballot’s title “is tinged with partisan coloring and misleading.” Griffin rejected a revised version of the measure on January 4. Advocates submitted a third draft of the measure addressing the last of Griffin’s concerns on January 8, and on January 23, Griffin finally certified the measure.

On June 18, state lawmakers approved a resolution encouraging Arkansans to vote against the ballot measure. It did not prevent advocates from continuing to collect signatures before the July 5 deadline.

The Natural State has a total abortion ban with limited exceptions. —Lorien Tyne and Natasha Roy

California

The state does not currently have a ballot initiative in the upcoming election cycle. In 2022, Californians voted to amend the state constitution to include the right to abortion. Abortion is banned at the point of viability.

Colorado

On May 17, election officials verified signatures for the Colorado Right to Abortion and Health Insurance Coverage Initiative, and it will appear on the November ballot. If approved by 55 percent of voters, the measure would constitutionally guarantee the right to abortion care and prevent the government from prohibiting health-care insurance coverage for abortions.

An anti-abortion measure, the Protections for a Living Child Initiative, did not collect enough signatures to appear on the ballot. It would have established fetal “personhood” and banned abortion from the point of conception.

Abortion in Colorado is currently legal throughout pregnancy.

Delaware

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned after the point of viability.

Florida

After the Florida Department of Health sent cease and desist letters threatening criminal prosecution to local television stations running ads for the state’s pro-abortion ballot measure, the ballot committee behind the initiative filed a lawsuit alleging the Department of Health was censoring political speech, The Hill reported.

John Wilson, the Florida Department of Health’s general counsel, has since resigned and filed an affidavit stating he sent the cease and desist letters at the direction of Florida Gov. Ron DeSantis’ office.

If ratified by voters in November, the Amendment to Limit Government Interference With Abortion—which the Florida Supreme Court approved on April 1—would ban abortion after the point of viability in the Sunshine State.

Fetal viability is a medically variable term that is thought to occur between 24 and 26 weeks of pregnancy. Advocates have said they’re worried that the attempt to save the measure by explicitly defining viability will hamper abortion rights advocacy across the country for the foreseeable future.

In June, opponents to the Florida ballot measure filed a lawsuit challenging the constitutional amendment process, including what they argue are misleading statements on the required financial impact statement. Health News Florida reported that an appeals court rejected a circuit judge’s ruling forcing a financial impact statement rewrite on July 17.

On the same day it approved the ballot measure, the Florida Supreme Court upheld a 15-week ban that allows the state’s six-week abortion ban to go into effect 30 days from the ruling. At six weeks, most people do not know they are pregnant.

Georgia

Georgia does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at six weeks, before most people know they’re pregnant.

Hawaii

Hawaii does not currently have a ballot initiative in the upcoming election cycle. In March, Gov. Josh Green signed abortion protection measures into state law, both expanding access and removing onerous requirements like only allowing abortion care in hospital or clinical settings. Abortion is banned at the point of viability.

Idaho

On August 15, pro-choice coalition Idahoans for Women and Families filed four ballot proposals aiming to enshrine abortion rights into the state constitution.

The first three policy proposals aim to allow abortion up until certain points of pregnancy—as well as establish the right to contraception and fertility treatments—while the fourth covers exceptions to the state’s current ban:

• Policy 1 would amend the state constitution to ban abortion after 20 weeks, with exceptions for a “physician’s good faith clinical judgment” that an abortion is necessary to save the pregnant person’s health or life. It specifically provides for reproductive freedom and privacy before 20 weeks.
• Policy 2 would amend the state constitution to ban abortion after 24 weeks, with exceptions for a “physician’s good faith clinical judgment” that an abortion is necessary to save the pregnant person’s health or life. It specifically provides for reproductive freedom and privacy before 24 weeks.
• Policy 3 would amend the state constitution to ban abortion after the point of fetal viability—which can occur sometime between 24 and 26 weeks of pregnancy—with exceptions for a “physician’s good faith clinical judgment” that an abortion is necessary to save the pregnant person’s health or life. It specifically provides for reproductive freedom and privacy before fetal viability.
• Policy 4 would create exceptions to the state’s abortion ban in cases of rape or incest before the point of fetal viability, fetal anomalies, medical emergencies, or to protect the health or life of the pregnant patient. It also protects abortion care providers from professional disciplinary action and civil and criminal liability.

The Idaho Capital Sun reported that the group will only move forward with gathering signatures for one proposal, and that the state attorney general has 20 working days from the date of filing to review the proposals’ language and provide a certificate of review to the secretary of state.

Abortion is completely banned in Idaho with limited exceptions, and providers must perform an “affirmative defense,” proving in court that an abortion would meet the state’s legal exception requirements.

Illinois

Illinois does not currently have a ballot initiative in the upcoming election cycle, though Gov. J.B. Pritzker has advocated for a pro-abortion measure to be on the 2024 ballot. The state supreme court has affirmed that abortion is constitutionally protected, and abortion is banned at the point of viability.

Indiana

Indiana does not currently have a ballot initiative in the upcoming election cycle. In June, the state supreme court doubled down on its total abortion ban with limited exceptions.

Iowa

Conservative Iowa lawmakers are pushing a ballot measure for November that would add language to the state constitution declaring it does not “recognize, grant, or secure a right to abortion or require the public funding of abortion.” Abortion is currently banned at 22 weeks, but the state supreme court ruled in late June that a six-week ban can go into effect.

Kansas

Kansas does not currently have a ballot initiative in the upcoming election cycle. In 2022, voters rejected an amendment to declare that the state constitution did not guarantee the right to abortion. Abortion is banned at 22 weeks.

Kentucky

The state does not currently have a ballot initiative in the upcoming election cycle. In 2022, Kentucky voters rejected an amendment to prevent the state constitution from safeguarding the right to or funding for abortion care. The state has a total abortion ban with limited exceptions.

Louisiana

Louisiana does not currently have a ballot initiative in the upcoming election cycle. In 2020, voters approved an amendment declaring the state constitution does not provide for abortion protections or funding. Louisiana has a total ban, with limited exceptions.

Maine

The Maine Senate failed to pass a proposal that would have allowed voters to decide whether to enshrine abortion rights into the state constitution on April 1. Maine Democrats, including Gov. Janet Mills, had pushed the amendment.

In July, Mills signed into law a bill that allows for later abortions if a doctor deems it medically necessary. Otherwise, abortion is banned at the point of viability.

Maryland

In November, Maryland voters will decide whether to approve the Right to Reproductive Freedom Act, which would affirm “an individual’s own reproductive liberty and provides the State may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling State interest achieved by the least restrictive means.” Currently, abortion is banned at the point of viability.

Massachusetts

Massachusetts does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at 24 weeks.

Michigan

The Great Lakes State does not currently have a ballot initiative in the upcoming election cycle. In 2022, voters approved a constitutional amendment guaranteeing the right to abortion. Abortion is banned at the point of viability.

Minnesota

Minnesota does not currently have a ballot initiative in the upcoming election cycle. In January, Gov. Tim Walz signed into law legislation that protects both abortion providers and out-of-state patients. Abortion is legal at any point during pregnancy.

Mississippi

The state does not currently have a ballot initiative in the upcoming election cycle. In March, the Mississippi Legislature proposed a citizen-led ballot initiative process that specifically banned any abortion-related measures, but the entire effort was killed in the state senate. The Magnolia State has a total ban with limited exceptions.

Missouri

After a brief legal showdown, the Missouri Supreme Court ruled on September 10 that Amendment 3, an abortion rights measure, will appear on the November ballot.

Amendment 3 would overturn the state’s abortion ban and legalize abortion until the point of fetal viability, which can occur somewhere between 24 and 26 weeks of pregnancy. On September 6, Judge Christopher Limbaugh ruled that Missourians for Constitutional Freedom, the group behind Amendment 3, didn’t abide by state requirements for initiative petitions. The Missouri Independent reported that Limbaugh said it was insufficient due to a “failure to include any statute or provision that will be repealed,” but didn’t issue an injunction prohibiting the measure from appearing on the ballot until a higher court made a ruling.

On September 9, Missouri Secretary of State Jay Ashcroft “decertified” the amendment, citing Limbaugh’s ruling—but the September 10 state supreme court ruling overturns Ashcroft’s decision.

Missourians for Constitutional Freedom announced on May 3 they had gathered more than 380,000 signatures, and on August 13, Missouri’s Secretary of State’s office certified the ballot measure.

In Missouri, a petition to change the state constitution must receive signatures from 8 percent of voters in six of the state’s eight congressional districts. According to the Missouri Independent, Missourians for Constitutional Freedom collected more than twice the number of signatures needed.

In September, a judge rewrote a Republican-written ballot summary that described abortions as “dangerous and unregulated” to instead say it would guarantee “the right to make decisions about reproductive health care, including abortion and contraception.”

Abortion in Missouri is currently totally banned, and doctors must provide an “affirmative defense” to provide care that meets the state’s legal exception.

Montana

On August 20, the Montana Secretary of State’s Office certified a ballot initiative that would constitutionally protect abortion rights before the point of viability, which can occur sometime between 24 and 26 weeks. Montanans will be able to vote on the measure in November.

On June 21, pro-choice ballot committee Montanans Securing Reproductive Rights announced it had gathered more than 117,000 signatures on a ballot measure that would:

• provide Montanans the right to make and carry out their own pregnancy decisions, including abortion;
• prevent the government from hindering the right to abortion before the point of viability;
• prevent the government from interfering when a health-care professional determines an abortion is necessary to protect the pregnant person’s life or health; and
• prevent the government from “penalizing patients, health-care providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.”

NBC News reported that the group only needed about 60,300 signatures, or signatures from 10 percent of all eligible Montana voters, for the proposal. Montana law also requires constitutional amendment initiatives to obtain signatures from 10 percent of voters in each of the state’s 40 legislative districts.

In January, Montana Attorney General Austin Knudsen blocked the proposed ballot measure. In a memorandum to the secretary of state’s office, Knudsen’s office said the measure is legally insufficient, “logrolls” too many issues into a single initiative, and “limits the ability of the state to provide for public health and safety. In an April 1 decision, the Montana Supreme Court unanimously rewrote Montanans Securing Reproductive Rights’ abortion ballot measure and rejected the state attorney general’s attempt to block the original proposal.

Abortion is banned at the point of viability. In May 2023, Republican Gov. Greg Gianforte signed a 15-week ban into law just months after Montana voters rejected an anti-abortion bill. A state court temporarily blocked the ban.

Nebraska

Nebraska voters will face dueling abortion-related ballot measures in November.

On July 3, the abortion rights coalition Protect Our Rights announced it had gathered about 207,000 signatures for a ballot measure that would constitutionally protect abortion “until fetal viability”—usually around 24 to 26 weeks—or to save the pregnant person’s life or health. It was certified on August 23.

After anti-choice activists brought forth a lawsuit against the measure, the state supreme court ruled on September 13 that it would remain on the ballot.

Protect Our Rights needed to collect signatures from about 123,000 voters, and at least 5 percent of registered voters in 38 of the state’s 93 counties, according to the Hill. NBC News reported that the group said it fulfilled those requirements, and election officials had until August 12 to verify signatures. Republican Gov. Jim Pillen has vowed to fight the measure and, similarly to Florida officials, called the viability language “vague and deceptive.”

Also on July 3, a group of anti-abortion medical professionals in Nebraska—backed by Nebraska Right to Life and Nebraska Family Alliance—announced its ballot measure had received more than 205,000 signatures. The “Protect Women and Children Constitutional Amendment” would ban abortion after the first trimester except in cases of medical emergencies, rape, or incest. It was also certified on August 23.

The Secretary of State’s office reported at least 304 people requested to have their signature taken off the petition led by Protect Women and Children. Many of these affidavits are from people who were led to believe they were signing pro-choice petitions by a canvasser, according to the Nebraska Examiner.

Nebraska currently has a 12-week ban. —Lorien Tyne and Natasha Roy

Nevada

On July 1, Nevada officials certified Nevadans for Reproductive Freedom’s abortion rights ballot initiative. It will appear on the November ballot.

In late May, Nevadans for Reproductive Freedom submitted more than 200,000 signatures, surpassing the 102,362 signatures required by state law.

After a district judge in the Silver State shot down a ballot initiative that would have provided for the right to abortion care up until the point of fetal viability—saying the petition was too broad and would be an unfunded mandate—advocates launched a second campaign to get abortion rights on the ballot. Nevadans for Reproductive Freedom’s new proposal provides for the fundamental right to “abortion performed or administered by a qualified health-care practitioner until fetal viability,” which can occur sometime between 24 to 26 weeks of pregnancy. It also says a pregnant person has the right to an abortion to protect their life or health.

A constitutional amendment needs to pass twice in Nevada, which means voters would need to decide on the ballot initiative again in 2026 if it gathers enough signatures and gains a simple majority of “yes” votes in 2024.

Abortion is currently legal through 24 weeks in Nevada. In May, Republican Gov. Joe Lombardo signed protections for out-of-state patients into law.

New Hampshire

New Hampshire does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned after 24 weeks.

New Jersey

The Garden State does not currently have a ballot initiative in the upcoming election cycle. Abortion is legal throughout pregnancy.

New Mexico

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is legal throughout pregnancy.

New York

On June 18, a state appeals court unanimously restored the Equal Rights Amendment, which includes protections against discrimination over “pregnancy, pregnancy outcomes, reproductive health care and autonomy,” to the November ballot.

A conservative New York judge had kicked the measure off the ballot in May after a Republican assembly member, Marjorie Byrnes, filed a lawsuit claiming state Democrats didn’t follow proper procedure by introducing and passing the amendment before Attorney General Letitia James could provide an opinion, per the state constitution.

“Today’s decision to put the Equal Rights Amendment back on the ballot in November is a huge victory in our efforts to protect our basic rights and freedoms,” James said in a statement following the June ruling. “The ERA was advanced to protect access to abortion care, enshrine this basic right in our constitution, and protect people from discrimination.”

On August 23, a state judge declined to require the Equal Rights Amendment to explicitly include the word “abortion” when it appears before voters.

Abortion is currently legal until the point of viability.

North Carolina

North Carolina does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at 12 weeks.

North Dakota

North Dakota does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned, with limited exceptions.

Ohio

On November 7, Ohio voters approved Issue 1, enshrining abortion access until the point of viability in the state constitution.

Oklahoma

The Sooner State does not currently have a ballot initiative in the upcoming election cycle. Pro-choice rights activists attempted to tee up an abortion rights vote this year, but withdrew it to find a better time to get the more than 170,000 required signatures to put the measure on the November 2024 ballot. Abortion is completely banned, with the only exception being to save the pregnant person’s life.

Oregon

State Democrats have proposed a constitutional amendment to protect abortion access, same-sex marriage, and gender-affirming care. If it passes the state legislature, Oregonians will get to vote on it in November. Right now, people can get abortion care at any point in pregnancy.

Pennsylvania

In December 2023, Democratic lawmakers in Pennsylvania introduced a constitutional amendment that would provide for personal reproductive liberty, including abortion. If it passes both chambers of the state legislature, Pennsylvanians will be able to vote to pass or reject the amendment, though the Penn Capital-Star reported the earliest referendum could only happen in spring 2025.

In November, Pennsylvanians voted to place Daniel McCaffery, who portrayed himself as an abortion rights defender, on the state supreme court. Abortion is banned at 24 weeks.

Rhode Island

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at the point of viability.

South Carolina

South Carolina does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at six weeks, before most people know they’re pregnant.

South Dakota

In May, South Dakota Secretary of State Monae Johnson validated signatures for a ballot measure that would restore Roe v. Wade, making abortion care legal in the first trimester and allowing the state to regulate abortion in the second and third trimesters—but on June 17, anti-abortion group Life Defense Fund sued to block it.

Life Defense Fund accused Dakotans for Health of failing to comply with statutory requirements, collecting invalid signatures, and misleading supporters. A state court judge threw out the lawsuit on July 15, keeping the abortion rights question on the ballot.

Abortion is currently banned at all points of pregnancy in South Dakota, with limited exceptions. —Lorien Tyne

Tennessee

Tennessee does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned, with limited exceptions.

Texas

The Lone Star State does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned, with limited exceptions.

Utah

Utah does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned after 18 weeks.

Vermont

The state does not currently have a ballot initiative in the upcoming election cycle. In November 2022, voters approved Proposition 5, which constitutionally protects abortion at any point during pregnancy.

Virginia

Virginia does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned after 26 weeks and 6 days.

Washington

Washington state does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at the point of viability.

Washington, D.C.

Washington, D.C. does not currently have a ballot initiative in the upcoming election cycle. Abortion is legal at all stages of pregnancy.

West Virginia

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned, with limited exceptions, and the state constitution includes language that explicitly excludes abortion rights.

Wisconsin

Wisconsin does not currently have a ballot initiative in the upcoming election cycle, though GOP Sen. Ron Johnson has advocated for a vote on a 12-week ban. The state bans abortion at 22 weeks.

Wyoming

The state does not currently have a ballot initiative in the upcoming election cycle. Abortion is banned at the point of viability.

Correction: An earlier version of this story misstated Oregon’s current abortion policy. Oregon has no gestational limit on abortion care.

This piece was originally published on October 11, 2023.