Ten States Have Already Confirmed Reproductive Health Ballot Measures for the 2024 Elections

Going into November, reproductive rights will be a defining issue, with voters making critical decisions that will impact the abortion landscape across the country. Reproductive rights have emerged as a prominent topic for the ballot this year with 10 states confirming measures for the election. Voters in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York, and South Dakota will all decide on measures to protect abortion and reproductive rights in their states.

States to Watch

The measures in Arizona, Florida, Missouri, Nebraska, and South Dakota will be the most consequential as an abortion ban at some point before fetal viability is currently in effect in those states. While most of the ballot measures in these states would provide protections up to fetal viability, South Dakota’s measure is different and would regulate abortion through a trimester framework. The framework would legalize abortion in the first trimester and create stipulations for state regulation of abortion in the second and third trimesters. Currently, all abortions are banned in the state, with an exception to save the life of the mother.

The vote in Montana will also be significant. The proposed measure would create a constitutional right to abortions before viability. The proposed measure mirrors a 1999 Montana Supreme Court ruling that established that the right to privacy in the state constitution provides a right to abortion. The ruling has been challenged several times over the past few years, with Republican lawmakers passing laws to regulate abortion in the state — but has always been upheld.

Notably, Nebraska will have two conflicting measures on the ballot. One of the measures would enshrine the right to abortion in the state constitution, while the other would amend the state constitution to prohibit abortions after 12 weeks. Abortions are currently prohibited after 12 weeks under a state law passed last year. If both measures pass in the general election, the measure with the most affirmative votes will be enacted.

Legal Challenges

The abortion ballot measure process has been contentious, and there are still ongoing challenges in states with confirmed measures. Anti-abortion groups in Missouri and South Dakota are currently suing to remove measures from the ballot. In South Dakota, the case was originally dismissed by a circuit court judge, but the state supreme court reversed the dismissal on August 2, sending the case back to the circuit court for proceedings.

Additionally, there have been several disputes over the language used to summarize abortion measures. In New York, there has been debate as to whether the description of a measure to expand the protections of the state constitution’s equal protection clause to include pregnancy and reproductive health care, among other things, should include the word “abortion.” The language was recently rewritten by a judge, but the revised version did not include abortion in the description. In Missouri, a lawsuit was filed against Secretary of State Jay Ashcroft (R) alleging that the fair ballot language which is posted at polling places is incorrect. This marks the second lawsuit Ashcroft has been in over language related to the measure. Last year, his language summarizing the measure was determined to be politically partisan and rewritten by the courts. The Arizona Supreme Court recently ruled that the informational ballot pamphlets may use the word “unborn human being” vs. “fetus.” Florida’s Supreme Court made a similar decision last Wednesday and declined a request to rewrite the fiscal estimate for the abortion measure.

Sign Up for Morning MultiState

This article appeared in our Morning MultiState newsletter on August 27, 2024. For more timely insights like this, be sure to sign up for our Morning MultiState weekly morning tipsheet. We created Morning MultiState with state government affairs professionals in mind — sign up to receive the latest from our experts in your inbox every Tuesday morning. Click here to sign up.