This tracker will be updated weekly on Fridays.
Numerous abortion state ballot initiatives are being decided by voters this fall, many of which seek to protect or harm preborn children. As the legal landscape has shifted following the decision in Dobbs v. Jackson Women’s Health Organization in 2022 to overturn Roe v. Wade, the issue of abortion rights has taken center stage in state-level politics. Both pro-life and pro-abortion advocates have increasingly turned to these initiatives as a means to advance their policy objectives.
What is a ballot initiative?
A ballot initiative is a mechanism by which constituents can directly propose laws and constitutional amendments for a local or state government. Typically, this process is voted on by including it on the November ballot. Many states are now making progress to either include pro-life protections into state law or to oppose such pro-life measures, including amendments to codify pro-abortion laws into the state constitution.
There are two primary methods by which ballot initiatives, such as a constitutional amendment, can be brought forth. The first requires a certain amount of signatures from citizens to be gathered, which varies between states. The second requires an initiative to be submitted to the state legislature, where legislators determine whether or not the measure makes it to the ballot.
As you will see in the below summaries, many states refer in their ballot initiatives to the term “fetal viability” to mean the age at which a preborn child can survive outside his/her mother’s womb. Currently, this age is estimated at 24 weeks of gestation, although this may fluctuate with future technological advancements.
Currently, several states already have abortion-related ballot initiatives, while others are still pending in the qualification process. Below is an overview of each state ballot initiative to be voted on this November:
Abortion state ballot initiatives on the ballot
ARIZONA
- What’s on the ballot: Arizona Abortion Access Act – Constitutional Amendment
- Summary: This initiative would establish a “fundamental right to abortion” and prevent the state from enacting pro-life policies before a preborn child has reached viability. Following fetal viability, the amendment also provides an exception to any pro-life laws if a doctor determines an abortion is necessary to preserve the “life or physical or mental health” of a pregnant individual. If passed, these measures would make it increasingly difficult for government officials to create and enforce pro-life laws.
- Result: Anti-life, Pro-abortion
- Requirement to pass: 50% approval of voters to pass
- Read the ERLC Explainer: How you can stand for life in Arizona’s upcoming election
- Bulletin insert for your church: Standing for Life in Arizona’s Upcoming Election
COLORADO
- What’s on the ballot: Colorado Right to Abortion – Constitutional Amendment
- Summary: This initiative expands access to abortion by allowing health insurance plans, including government-funded plans, to cover abortions and enshrines a “right to abortion” in the state constitution.
- Result: Anti-life, Pro-abortion
- Requirement to pass: 55% approval of voters to pass
- Read the ERLC Explainer: How you can stand for life in Colorado’s upcoming election
- Bulletin insert for your church: Standing for Life in Colorado’s Upcoming Election
FLORIDA
- What’s on the ballot: Constitutional Amendment to Limit Government Interference with Abortion
- Summary: This ballot initiative amends the Florida constitution by barring the government from “prohibiting, penalizing, delaying, or restricting abortion” before fetal viability or to protect a woman’s health when a medical provider determines that it is necessary. This amendment would undo existing pro-life laws.
- Result: Anti-life, Pro-abortion
- Requirement to pass: 60% approval of voters is required to pass
- Read: How Florida Baptists are standing for life in Florida’s upcoming election
MARYLAND
- What’s on the ballot: Maryland Right to Reproductive Freedom Constitutional Amendment
- Summary: This initiative establishes a “fundamental right” to abortion for women and prohibits the government from passing pro-life legislation that would restrict or burden this “right,” directly or indirectly. This amendment would further impede the enactment of pro-life laws.
- Result: Anti-life, Pro-abortion
- Requirement to pass: 50% approval of voters required to pass
- Read the ERLC Explainer: How you can stand for life in Maryland’s upcoming election
- Bulletin insert for your church: Standing for Life in Maryland’s Upcoming Election
- Slide graphic for your church: Graphic (right click image to save)
MISSOURI
- What’s on the ballot: Right to Reproductive Freedom Constitutional Amendment
- Summary: This initiative establishes a woman’s “fundamental right” to abortion up to fetal viability. If passed, the government would only be able to enact pro-life laws that take effect after fetal viability, and the amendment would require that such laws must contain an exception for the physical and mental health of the mother.
- Result: Anti-life, Pro-abortion
- Requirement to pass: 50% approval of voters to pass
- Read the ERLC Explainer: How you can stand for life in Missouri’s upcoming election
- Bulletin insert for your church: Standing for Life in Missouri’s Upcoming Election
- Slide graphic for your church: Graphic (right click image to save)
MONTANA
- What’s on the ballot: “Constitutional Initiative 128” or “(CI-128”) – Constitutional Amendment
- Summary: This initiative establishes a woman’s “right to abortion” in the state constitution and would prohibit pro-life laws from being implemented before the age of viability. Once a preborn child is considered viable, the state could then only protect life by restricting abortion if there are exceptions in place regarding the mother’s life and health. These changes will make it more difficult for future pro-life laws to be enacted.
- Result: Anti-life, Pro-abortion
- Requirement to pass: 50% approval of voters to pass
- Read the ERLC Explainer: How you can stand for life in Montana’s upcoming election
- Bulletin insert for your church: Standing for Life in Montana’s Upcoming Election
- Slide graphic for your church: Graphic (right click image to save)
NEBRASKA – 2 initiatives
- What’s on the Ballot: Nebraska Right to Abortion Constitutional Amendment
- Summary: This ballot initiative establishes a “fundamental right to abortion” in the state constitution up until the point of fetal viability and for any gestational period throughout the pregnancy when needed to protect the health or life of the mother. If passed, this initiative will undo existing pro-life laws currently in place, which protect life beginning at 12 weeks of gestation.
- Result: Anti-life, Pro-abortion
- Requirement to pass: Since two initiatives on the ballot address the same issue, the one with the most total votes will prevail if both initiatives pass.
- Update: The necessary signatures have been submitted for verification and are pending approval.
- What’s on the ballot: Nebraska Protect Women and Children Constitutional Amendment
- Summary: This initiative protects life during the second and third trimesters, with exceptions in instances of a medical emergency and cases of sexual assault or incest.
- Result: Anti-abortion, Pro-life
- Requirement to pass: Since two initiatives on the ballot address the same issue, the one with the most total votes will prevail if both initiatives pass.
- Read the ERLC Explainer: How you can stand for life in Nebraska’s upcoming election
- Bulletin insert for your church: Standing for Life in Nebraska’s upcoming election
- Slide graphic for your church: Graphic (right click image to save)
NEVADA
- What’s on the ballot: Nevada Reproductive Rights Amendment – Constitutional Amendment
- Summary: This initiative establishes a “fundamental right” to abortion in the state constitution up until the point of fetal viability, then at any gestational period to “protect, maintain or improve the health” or save the life of the mother. This initiative will further impede pro-life laws from being passed.
- Result: Anti-life, Pro-abortion
- Requirement to pass: 50% approval of voters to pass
- Read the ERLC Explainer: How you can stand for life in Nevada’s upcoming election
- Bulletin insert for your church: Standing for Life in Nevada’s Upcoming Election
NEW YORK
- What’s on the ballot: Equal Protection of Law Amendment – Constitutional Amendment
- Summary: This initiative changes existing state civil rights protections in New York by amending the state constitution to additionally prevent discrimination based on “pregnancy outcomes and reproductive healthcare and autonomy” by considering it a protected class. These changes would further impede the government from enacting laws that protect life and may infringe upon existing religious liberty protections.
- Result: Anti-life, Pro-abortion
- Requirement to pass: 50% approval of voters to pass
- Read the ERLC Explainer: How you can stand for life in New York’s upcoming election
- Bulletin insert for your church: Standing for Life in New York’s Upcoming Election
SOUTH DAKOTA
- What’s on the ballot: South Dakota Right to Abortion Initiative – Constitutional Amendment
- Summary: This initiative amends the state constitution to prohibit the government from enacting any pro-life policies to restrict abortion in the first trimester. It would also limit the government’s ability to protect life during the second and third trimesters and undo existing pro-life laws.
- Result: Anti-Life, Pro-Abortion
- Requirements to pass: 50% approval of voters to pass
- Read the ERLC Explainer: How you can stand for life in South Dakota’s upcoming election
- Bulletin insert for your church: Standing for Life in South Dakota’s Upcoming Election
