How did states vote on abortion this Election Day? See results from 10 states
This Election Day, citizens in states across the U.S. had opportunities to vote not only on their choice for the next president but also on contentious issues including marijuana legalization and abortion.
This year, 10 states ? Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York and South Dakota ? had abortion measures on their ballots, with Nebraska taking on the distinction of having two dueling propositions.
Most of these ballot initiatives would either have allowed for abortion up until fetal viability, which is around 24 weeks, or enshrined abortion rights in the state’s constitution.
Other states, which already have a range of laws concerning abortion, had constitutional amendments up for votes that would enact a variety of abortion and reproductive-care-related protections.
In South Dakota, voters weighed in on whether abortion should be protected in the first trimester. In New York, voters were asked to decide whether the state’s anti-discrimination law should be broadened to include protections on the basis of “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health.”
After the Supreme Court overturned Roe v. Wade, which federally guaranteed the right to an abortion, in June 2022, states have enacted a range of laws. At least 14 implemented near-total abortion bans, while others enshrined the right to abortion access in state law or passed shield laws protecting patients from other states who travel to get the procedure.
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During the 2022 midterm elections, there were five abortion-related ballot measures. Voters in California, Michigan, Vermont, Kentucky and Montana chose to pass measures that would have maintained access to abortion. That same year, Kansas voters rejected a constitutional amendment banning abortion.
In the 2023 off-year election, voters in red state Ohio passed Issue 1, a ballot measure that enshrined abortion rights in the state's constitution.
Now, voters have had the chance to overturn some of the most restrictive bans in the country, including the six-week ban in Florida, or leave existing laws in place.
Here's each proposed abortion measure that appeared on the ballots and how the states voted, according to Associated Press race calling results.
Arizona: Proposition 139
What was on the ballot: The Arizona Abortion Access Act, appearing on ballots as Proposition 139, would amend the Arizona Constitution to add a fundamental right to abortion.
Was it passed: Yes.
What happens now: Proposition 139 overturns Arizona's 15-week ban, preventing the state government from restricting abortion before the fetus is viable outside the uterus as determined by a treating health care professional. It also allows for abortion after viability (usually around 24 weeks) to protect the life, physical, or mental health of the pregnant person and prohibits laws that penalize individuals for aiding or assisting a person exercising the right to an abortion.
Because voters passed the measure, it will go into effect and strike down a policy that banned abortions after 15 weeks of pregnancy.
Colorado: Amendment 79
What was on the ballot: Colorado's Right to Abortion and Health Insurance Coverage Initiative, or Amendment 79, would amend the state's constitution to enshrine the right to abortion and allow the use of public funds for abortion.
Was it passed: Yes.
What happens now: Amendment 79 prohibits state and local governments from denying, impeding, or discriminating against abortion access and allows abortions to be covered under state health insurance plans. Before the vote, Colorado was already one of nine states that allow abortion at any point in pregnancy.
Because voters passed the measure, it will go into effect. Abortion remains legal.
Florida: Amendment 4
What was on the ballot: Florida's Right to Abortion Initiative, or Amendment 4, would overturn Florida's six-week ban and amend the Florida Constitution's Declaration of Rights to prohibit the restrictions of abortion before viability or when determined necessary by a medical professional to protect a patient's health.
Was it passed: No. The measure earned 57.1% of "Yes" votes with 99% of votes counted, which is short of the 60% required to pass.
What happens now: Amendment 4 leaves in place a constitutional provision that permits a law requiring parents to be notified before a minor can receive an abortion but adds language to the Florida Constitution reading: “… no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider."
Because voters turned down the measure, laws will remain the same.
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Maryland: Question 1
What was on the ballot: Maryland's Question 1, or Right to Reproductive Freedom Amendment, would enshrine the right to "reproductive freedom" in the state's constitution.
Was it passed: Yes.
What happens now: Maryland's law already allows abortion up to viability and after viability in the case of danger to the mother's life and health or fetal anomaly. Question 1 would amend the Maryland Constitution's Declaration of Rights to ensure "reproductive freedom," defined to include "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy."
Because voters passed the measure, it will go into effect. Abortion remains legal in Maryland.
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Missouri: Amendment 3
What was on the ballot: Missouri's Right to Reproductive Freedom Initiative, Amendment 3, would add the fundamental right to "reproductive freedom" to the state's constitution.
Was it passed: Yes.
What happens now: Amendment 3 overturns the state's near-total abortion ban, establishing a right to make decisions about reproductive health care, including abortion and contraceptives, without governmental interference, while still allowing abortion to be restricted or banned after fetal viability except to protect the life or health of the woman. It also prevents the government from discriminating against persons providing or obtaining reproductive health care.
Because voters passed the measure, it will go into effect. Abortion is presently banned in Missouri with few exceptions.
Montana: CI-128
What was on the ballot: Montana's Right to Abortion Initiative, or CI-128, would amend the state constitution to guarantee the right to "make and carry out decisions about one’s own pregnancy, including the right to abortion."
Was it passed: Yes.
What happens now: CI-128 enshrines a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion" and prohibits the government from penalizing, prosecuting, or taking any adverse action against a person based on their pregnancy outcomes nor against any person who aids or assists another person in obtaining an abortion. It allows for the current law which allows abortion up to viability and after when "medically indicated to protect the life or health of the pregnant patient" to stay in place.
Because voters passed the measure, it will go into effect. The amendment upholds current law where abortion remains legal.
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Nebraska: Initiative 434 and Initiative 439
What was on the ballot: Nebraska had two dueling abortion initiatives up for a vote on November's ballot.
Initiative 434, or the Prohibit Abortions After the First Trimester Amendment, was a measure to amend the state constitution to prohibit abortions after the first trimester except in cases of medical emergency, sexual assault, or incest.
Adversely, Nebraska's Initiative 439, the Right to Abortion Initiative, would amend the state constitution to ensure the right to an abortion until fetal viability.
Were the measures passed: Initiative 434 passed. Initiative 439 did not pass.
What happens now:
The passing of Initiative 434 enshrines a ban on abortions after the first trimester into the state constitution.
Because Initiative 439 did not pass, an amendment will not be added to the Nebraska Constitution to protect the right to abortion until fetal viability.
Nevada: Question 6
What was on the ballot: Nevada's Right to Abortion Initiative, or Question 6, would amend the state constitution to add the right to abortion up to viability and in the case of health or life of the mother after that point.
Was it passed: Yes.
What happens now: State law already permits abortions up to 24 weeks. Voters would need to approve the measure a second time in 2026 to officially amend the constitution.
New York: Proposal 1
What was on the ballot: New York's Equal Protection of Law Amendment, or Proposal 1, would amend the New York Bill of Rights to dictate that no person's rights can be denied on a variety of specified basis, including "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."
Was it passed: Yes.
What happens now: New York Proposal 1 amends the Equal Protection Clause of the New York Constitution to prohibit discrimination or infringement of a person's civil rights by any other person, firm, corporation, institution, or state entity based on "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." This leaves New York's current law allowing abortion up to 24 weeks and after 24 weeks for the absence of fetal viability or to protect the patient’s life or health, intact.
Because voters passed the measure, it will go into effect. Abortion remains legal in New York.
South Dakota: Constitutional Amendment G
What was on the ballot: South Dakota's Right to Abortion Initiative, or Constitutional Amendment G, would overturn the state's near-total ban and add the right to abortion to the state constitution.
Was it passed: No.
What happens now: Because voters turned down the measure, laws will remain the same. Abortion is presently banned in South Dakota, with few exceptions.
Contributing: Reuters
Mary Walrath-Holdridge is a trending reporter for USA TODAY. Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at [email protected] and follow her on X @nataliealund.
This article originally appeared on USA TODAY: Abortion election results: How states voted on Election Day 2024