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Washington, DC — This November’s election is likely to have abortion- and reproductive rights-related ballot measures in more states than ever before. The Fairness Project is working with local coalitions to support these efforts in several of the 23 states that allow citizen-initiated ballot measures, including Arizona, Florida, Missouri, and Montana. See below for a summary of which states have qualified and pending ballot measures regarding reproductive rights and abortion this year.

Notable upcoming dates:

  • June 21: Signatures due for Montana ballot measures
  • July 3: Signatures due for Arizona ballot measures 
  • July 5: Signatures due for Arkansas ballot measures
  • July 5: Signatures due for Nebraska ballot measures

Qualified for the Ballot

Colorado

Organizers with Coloradans for Protecting Reproductive Freedom submitted more than 225,000 signatures this April to qualify the Colorado Right to Abortion and Health Insurance Coverage Initiative for the November ballot. The measure codifies the right to abortion in the state constitution and allows abortion to be covered by public health insurance plans. Colorado has a supermajority requirement for ballot measures and so the amendment must be approved by 55% of voters.

Florida

Organizers with Floridians Protecting Freedom collected more than a million signatures from voters to put Amendment 4 on the ballot in November. Florida is currently under a six-week abortion ban with a mandatory 24-hour waiting period. The amendment would overturn the ban and protect access to abortion up to fetal viability or when necessary to protect the patient’s health, as determined by the patient’s doctor. Florida has a supermajority requirement for ballot measures and so the amendment must be passed by 60% of voters.

Maryland

State legislators in Maryland referred the Maryland Right to Reproductive Freedom Amendment to the November 2024 ballot. If passed, the measure will codify an individual’s right to reproductive liberty in the state constitution and specifies that the state cannot “directly or indirectly, deny, burden, or abridge the right unless justified by a compelling State interest achieved by the least restrictive means.” 

South Dakota

Organizers in South Dakota with Dakotans for Health collected 55,000 signatures to qualify a constitutional amendment that prohibits the state from regulating abortion in the first trimester. Amendment C allows the regulation of abortion starting in the second trimester if regulations are “reasonably related to the physical health of the pregnant woman.” 

Pending

Arizona – collecting signatures

Organizers with Arizona for Abortion Access are actively collecting signatures to qualify a constitutional amendment for the November ballot and have collected more than 500,000 so far. The amendment establishes a fundamental right to abortion and prevents the state from limiting access to abortion or penalizing anyone who assists another person in accessing an abortion. The campaign must submit nearly 400,000 valid signatures by July 3 in order to qualify.

Arkansas – collecting signatures

Organizers in Arkansas are collecting signatures for the Arkansas Right to Abortion Initiative, which would allow abortion up to 18 weeks and create exceptions to Arkansas’ abortion ban for rape, incest, fatal fetal abnormalities, and to preserve the health or life of the mother. The campaign must submit more than 90,000 valid signatures by July 5 in order to qualify for the general election. 

Montana – collecting signatures

Organizers with Montanans Securing Reproductive Rights are actively collecting signatures to qualify a constitutional amendment for November that would secure Montanans’ right to make their own decisions about pregnancy, including decisions about abortion. The campaign must collect more than 60,000 valid signatures from Montanans by June 21 in order to qualify for the general election.

Missouri – submitted signatures

Organizers with Missourians for Constitutional Freedom submitted nearly 400,000 signatures on May 3 to qualify their amendment, which would codify the right to make and carry out reproductive health care decisions, including prenatal and postpartum care, abortion, miscarriage care and birth control. The signatures are now in the process of being verified by the secretary of state and county officials, which must be completed by July 30. 

Nebraska – collecting signatures

Organizers with Protect Our Rights are working to collect signatures to qualify the Nebraska Right to Abortion Initiative, which would protect the right to abortion until fetal viability; or when needed to protect the life or health of the pregnant patient. The campaign must submit nearly 125,000 valid signatures by July 5 in order to qualify.

Nevada – submitted signatures

Organizers with Nevadans for Reproductive Freedom submitted more than 200,000 signatures on May 20 to qualify the Nevada Right to Reproductive Freedom Amendment, which would codify the right to abortion in the state constitution up to fetal viability. The signatures must now be verified by county officials this month in order to appear for the ballot. 

New York – pending litigation

In July 2022, New York state legislators referred New York’s Equal Rights Amendment to the ballot for November 2024. If passed by voters, the amendment would codify the right to abortion in the state constitution, as well as add additional discrimination protections for protected classes including pregnant people. On May 7, New York Supreme Court Justice Daniel J. Doyle ruled that the amendment must be taken off the ballot on the basis of procedural errors. Litigation is ongoing regarding whether the NYERA will be on the November 2024 ballot. 

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