Abortion

Abortion Ballot Tracker: Where Your State Stands on Codifying Reproductive Rights

Keep up-to-date with abortion ballot initiatives making their way to voters across the country.

Map of United States
Following successful abortion ballot measures in every election since Dobbs v. Jackson Women's Health Organization, organizers in several states across the country have teed up initiatives to cement abortion rights on a state level. Cage Rivera/Rewire News Group illustration

UPDATE, July 9, 2024: This article has been updated to reflect developments in Arizona, Arkansas, and Nebraska.

Abortion wins elections. We saw it last year when Ohio voters enshrined abortion rights into the state constitution, and in 2022 when KansasKentucky, 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.

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

On July 3, 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—announced it submitted 823,685 signatures for its abortion rights ballot measure, more than double the amount it needed. Election officials must validate those signatures and submit the results to Arizona Secretary of State Adrian Fontes by August 22.

The Arizona Abortion Access Act 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;
  • Protects people who help pregnant patients access abortion care from being penalized by the state.

Abortion is currently banned at 15 weeks.

Arkansas

On July 5, ballot committee Arkansans for Limited Government announced it gathered and submitted more than 100,000 signatures for its abortion rights ballot measure.

The group needed about 90,700 signatures. If approved by election officials and, later, voters, the amendment would prevent the state from restricting abortion care in cases of rape, incest, fatal fetal anomaly, or when necessary to protect the pregnant patient’s life or physical health. It otherwise bans abortion after 18 weeks.

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 an abortion rights ballot measure that would ban abortion after 18 weeks. 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.

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

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. Proceedings are moving quickly and could include revisions to the impact statement.

Health News Florida reported that a state panel will consider revising the financial impact statement in July, and the state’s lawyers are urging an appeals court to reject a circuit judge’s ruling forcing a financial impact statement rewrite.

On April 1, the Florida Supreme Court approved Floridians Protecting Freedom’s ballot initiative to limit government interference in abortion care—but it also 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.

If ratified by voters in November, the Amendment to Limit Government Interference With Abortion would ban abortion after the point of viability in the Sunshine State. 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. —Jessica Mason Pieklo

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

Idaho does not currently have a ballot initiative in the upcoming election cycle. Abortion is completely banned 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

On May 3, abortion advocates announced they had gathered more than 380,000 signatures for the Missouri Right to Reproductive Freedom Amendment. If approved, the measure would enshrine the right to reproductive freedom in the state constitution and repeal the existing ban.

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 needed. The secretary of state is currently verifying signatures. NBC News reported that Gov. Mike Parson can decide whether it appears on the August 6 primary ballot or the November 5 general election ballot.

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

Montana

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

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.

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 have 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.

Nebraska currently has a 12-week ban.

Nevada

In late May, reproductive rights coalition Nevadans for Reproductive Freedom submitted more than 200,000 signatures for its abortion rights initiative, surpassing the 102,362 signatures required by state law. Nevada officials are reviewing the signatures for certification.

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 Nevada’s 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.

Because it is a constitutional amendment, it needs to pass twice in Nevada, meaning that voters would need to decide on it 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, and 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.”

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 is accusing Dakotans for Health of failing to comply with statutory requirements, collecting invalid signatures, and misleading supporters. State GOP lawmakers adopted a resolution opposing the measure in February.

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

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.