- Since the U.S. Supreme Court struck down Roe v. Wade in 2022, most Republican-controlled states have introduced new abortion regulations, with 14 states banning abortion at any stage of pregnancy.
- Voters in seven states sided with abortion rights supporters on ballot measures.
- It’s not yet clear how many states will vote on measures to preserve abortion access in November.
Advocates in South Dakota filed a petition Wednesday seeking to amend the state constitution to include the right to abortion in at least some circumstances.
Signatures will also be submitted for the ballot in Missouri on Friday.
The efforts by both states are part of a movement to raise the issue of abortion rights with voters since the U.S. Supreme Court struck down Roe v. Wade and stripped abortion rights nationwide.
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Since the 2022 decision, most Republican-controlled states have implemented new abortion regulations, with 14 states banning abortion at any stage of pregnancy. Most Democratic-majority states have laws or executive orders in place to protect access.
Additionally, voters in seven states are siding with abortion rights supporters on ballot measures: California, Kansas, Kentucky, Michigan, Montana, Ohio, and Vermont.
It is not yet clear how many states will vote on abortion access legislation in November. In some quarters, the question is whether supporters of the amendment will be able to get enough valid signatures. In other cases, it is left to the legislature. And in some states, legal battles have arisen in the process.
Some initiatives have yet to reach a vote. The Wisconsin Legislature adjourned without a vote in the state Senate on a House-approved bill asking voters to ban abortions after 14 weeks. The Iowa Legislature did not approve a bill before the end of this year’s session that would have asked voters to declare there is no constitutional right to abortion. The Pennsylvania Legislature previously sought a similar amendment, but the measure is not expected to be added to the ballot this year. A bill in Louisiana that would have enshrined the right to abortion in the state constitution died in committee, and a bill in Maine failed to gain approval by two-thirds of the House of Representatives, effectively killing it.
Protesters join thousands of others marching around the Arizona State Capitol in response to the Supreme Court’s decision overturning the landmark Roe v. Wade abortion decision, Friday, June 24, 2022, in Phoenix. screamed. (AP Photo/Ross D. Franklin)
What can be safely included on the 2024 ballot?
florida
The state Supreme Court ruled April 1 that a ballot measure legalizing abortion until viable can be on the ballot, despite a legal challenge from state Attorney General Ashley Moody. I put it down. The state’s attorney general argued that there are different views on what “viability” means, and some views differ. Key terms in the proposed measure are not properly defined.
Supporters gathered about 1 million signatures to advance a state constitutional amendment that would legalize abortion until it appears on the ballot, exceeding the roughly 892,000 needed.
For it to take effect, 60% of voters need to agree.
In Florida, a law that went into effect on May 1 makes abortions illegal after six weeks of pregnancy.
maryland
This year, Maryland voters will also be asked whether to enshrine a woman’s right to terminate a pregnancy in the state constitution, a ballot question posed by lawmakers last year. The state already protects abortion rights under state law, with Democrats outnumbering Republicans two to one. Maryland allows abortions until viability.
new york
New York state lawmakers have agreed to ask voters to ban discrimination based on pregnancy, pregnancy outcomes, and reproductive health care as part of the broader Equal Protection Amendment. It would also prohibit discrimination based on gender, sexual orientation, gender identity, national origin, and disability. The text of the constitutional amendment does not specifically mention abortion. New York state law allows abortions up to the point of viability.
Where else could abortion be on the ballot in 2024?
arizona
A petition is underway in Arizona to add a constitutional right to abortion. Under the measure, states would not be able to ban abortions until the fetus is viable, after which abortions would be allowed to protect the woman’s physical or mental health. Supporters need to collect approximately 384,000 valid signatures by July 4th.
Abortion is currently legal in Arizona during the first 15 weeks of pregnancy. An April ruling by the Arizona Supreme Court said enforcement of a nearly total ban already planned could begin soon. But on Thursday, the governor signed a bill repealing the law, which is expected to remain in place for some time yet.
arkansas
Supporters of the amendment, which would allow abortion in most cases, need to collect about 91,000 valid signatures by July 5th to get it on the November 5th ballot. The bill would prohibit laws that prohibit abortions during the first 20 weeks of pregnancy, and would prohibit abortions in the second trimester in cases of rape, incest, threat to the woman’s health or life, or when the fetus is unlikely to survive. It is permitted to do so. The proposal does not have the support of Planned Parenthood Great Plains states, including Arkansas, because it allows for a minimum 20-week limit. The state prohibits abortion at all stages of pregnancy, with some exceptions.
colorado
Supporters of a ballot measure that would add constitutional protections for abortion, such as requiring Medicaid and private health insurance companies to cover abortion, submitted signatures to be placed on the ballot. The Secretary of State’s Office has until May 17 to determine whether there are enough valid signatures. 124,000 or more required.
Amendments to the state constitution require support from 55% of voters.
Supporters of the dueling bill (law banning abortion) have not submitted signatures, and the bill will not go before voters.
Abortion is legal in Colorado at all stages of pregnancy.
missouri
Abortion access advocates in Missouri plan to submit signatures on Friday, two days before the deadline for more than 171,000 submissions asking voters to approve a constitutional amendment that guarantees abortion until viability. .
A group of moderate Republicans this year abandoned efforts on an alternative amendment that would have allowed abortions up to 12 weeks and beyond, with limited exceptions.
Currently, abortion is prohibited in Missouri at all stages of pregnancy, with limited exceptions.
montana
Abortion rights advocates in Montana are proposing a constitutional amendment that would prohibit the government from denying the right to an abortion before viability or when necessary to protect a pregnant person’s life or health. There is. After a legal battle over ballot language, the Montana Supreme Court on April 1st created language that will appear on ballots if supporters collect more than 60,000 signatures by June 21st. did. Supreme Court opinion that abortion is legal in Montana until viability under a 1999 Montana law.
nebraska
Advocates are trying to gather the roughly 125,000 signatures needed by July 5 to send a constitutional amendment to voters that would protect the right to abortion until the fetus is viable. A competing petition would add a proposed constitutional amendment that mirrors a law adopted last year that bans abortions after 12 weeks, with some exceptions.
nevada
Signatures are being collected to put the Abortion Access Amendment on Nevada’s November ballot. The proposed amendment would enshrine in the constitution access to abortion after the first 24 weeks of pregnancy to protect the health of pregnant women, which was already guaranteed under a 1990 law. It is something that exists. The measure needs at least 102,000 valid signatures by June 26 to be placed on the ballot. Any changes to the constitution would need to be approved by voters in both 2024 and 2026.
The measure is one of several efforts by abortion rights groups in Nevada to put a ballot question before voters in 2024 or 2026.
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south dakota
Advocates in South Dakota have submitted more than 55,000 signatures, 20,000 more than needed, to get a measure on the ballot that eases restrictions, but many abortion rights advocates hope. He said it wasn’t quite that far. This would prohibit any restrictions on abortion in the first trimester. This would allow states to “regulate a pregnant woman’s decision to terminate an abortion and its performance only in a manner reasonably related to the pregnant woman’s physical health” during the second trimester of pregnancy. A ban on abortion in the third trimester would be allowed as long as it included exceptions for the woman’s life and health. The family planning system does not support this measure.
Abortion in the state is currently prohibited at all stages of pregnancy, with some exceptions.
