The 2024 election was a mixed bag for abortion rights.
Voters in seven states moved to protect abortion access by passing ballot initiatives that will amend their state constitutions to include protections for reproductive rights. But similar measures in three other states failed—a blow to abortion-rights supporters. And the country ultimately decided to reelect the man who has claimed credit for the U.S. Supreme Court ruling that overturned Roe v. Wade: former President Donald Trump.
[time-brightcove not-tgx=”true”]Measures meant to protect abortion rights passed in Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York, but failed in Florida, Nebraska, and South Dakota. This election saw the highest number of statewide abortion-related ballot measures in a single year, surpassing the previous record of six in 2022. The results break a previous trend—before this year, voters had sided with abortion rights every time the issue has been on state ballots since the Dobbs v. Jackson Women’s Health Organization decision two years ago.
Many polls have shown that most Americans support abortion rights, but 21 states have either banned or restricted abortion since the Dobbs decision that overturned the constitutional right to abortion. As state lawmakers have taken steps to curtail abortion rights, advocates have turned to state ballot initiatives to try and protect access. The majority of the statewide abortion-related measures that appeared on the ballot this year were citizen-led initiatives.
Here are the results of the statewide abortion-related ballot measures in 2024.
Arizona
In the battleground state of Arizona, voters approved a measure that will establish “a fundamental right to abortion under Arizona’s constitution,” allowing abortions until fetal viability or later if an abortion is needed to protect the pregnant person’s life or health.
Nearly 62% of voters supported the measure, while about 38% voted against it, with about 60% of votes counted as of 9:40 a.m. ET on Wednesday. The Associated Press called the race at 3:31 a.m. ET on Wednesday.
Currently in Arizona, abortion is banned after 15 weeks of pregnancy, with exceptions for medical emergencies. But the newly-passed amendment is expected to upend the state’s existing restrictions on abortion.
Colorado
Voters in Colorado supported a ballot measure that will enshrine abortion rights in the state constitution, with more than 61% voting in favor and nearly 39% voting against it, as of 5:40 a.m. ET on Wednesday when about 73% of votes were counted. The AP called the race at 10:26 p.m. on Tuesday.
The state already allows for abortion at any stage of pregnancy, but supporters of the measure have said that the amendment will ensure that future state lawmakers wouldn’t be able to roll back abortion rights. The amendment will also repeal a nearly 40-year-old ban on state and local government money being used to pay for abortion services.
Florida
In Florida, a measure that would have amended the state constitution to guarantee the right to abortion up until fetal viability or when necessary to protect the health of the pregnant person, failed. The measure needed the support of at least 60% of voters to pass, but fell short, with about 57% of Floridians voting in favor and nearly 43% voting against, as of 9:49 a.m. ET on Wednesday when about 99% of the votes were counted. The AP called the race at 9:06 p.m. ET on Tuesday.
Florida has banned abortion beyond six weeks of pregnancy, which is before many people know they’re pregnant. The restriction carries some exceptions, such as when the life of the pregnant person is at risk. With the failure of the proposed amendment, the state’s existing six-week ban will remain in place.
The lead-up to Election Day was contentious for the ballot initiative. Those behind the measure launched an extensive campaign to reach voters, sharing the stories of many people who were unable to receive care because of the state’s restrictions. But state officials tried to keep the initiative off the ballot and repeatedly attacked the campaign.
Lauren Brenzel, director of the campaign behind the ballot measure, said at a press conference Tuesday night that the vote breakdown showed that the majority of Florida voters supported it, even though the measure ultimately failed. Brenzel called on Florida politicians to repeal the six-week ban, given the vote breakdown.
“They are tired of women dying because of abortion bans. They are tired of women being forced to give birth to children who died in their arms because of abortion bans,” Brenzel said. “A bipartisan group of voters today sent a clear message to the Florida legislature.”
Maryland
Maryland voters passed a measure that will enshrine the right to reproductive freedom in the state constitution. The AP called the race at 9:28 p.m. on Tuesday. About 74% of Maryland voters supported the measure and nearly 26% rejected it, as of 4:34 a.m. ET on Wednesday, when about 76% of votes were counted.
Unlike most of the other statewide abortion-rights measures this year, this initiative was placed on the ballot after a vote from Maryland’s Democratic-controlled legislature. Abortion is already legal in the state until fetal viability—or after that if necessary to protect the pregnant person’s life or health, or if the fetus has a serious abnormality—but, as with the initiative in Colorado, supporters have said that this amendment will prevent the possibility of state lawmakers restricting access in the future.
Missouri
In a major win for abortion-rights supporters, Missouri voters decided to amend its state constitution to guarantee the right to abortion until fetal viability, with exceptions after that if the pregnant person’s life or physical or mental health is at risk. Nearly 52% of voters backed the measure, while 48% rejected it, with about 99% of the vote counted by 9:34 a.m. ET. on Wednesday. The AP called the race at 11:24 p.m. on Tuesday.
The newly-passed amendment is expected to invalidate Missouri’s existing near-total ban on abortion, which is one of the strictest in the country.
Montana
In Montana, more than 57% of voters supported amending the state constitution to guarantee the right to abortion until fetal viability, or after that if necessary to protect the pregnant person’s life or health. The measure passed, since it only needed a simple majority, with nearly 43% of voters rejecting it, as of 9:47 a.m. ET on Wednesday, when about 87% of the votes were counted. The AP called the race at 6:01 a.m. ET on Wednesday.
Abortion is currently legal until fetal viability in Montana, and the Montana Supreme Court ruled in 1999 that abortion is protected under the state constitution. But state lawmakers have tried to restrict abortion in the past few years, and reproductive rights advocates have said that the measure would protect abortion rights if lawmakers continue those attempts in the future.
Montana voters previously weighed in on reproductive healthcare in 2022, when they rejected a legislative referendum that would have further restricted abortion by classifying an embryo or fetus as a legal person entitled to medical treatment if they are born prematurely or in the rare case that they survive an attempted abortion.
Nebraska
Unlike the other states voting on the issue this year, Nebraska had two competing abortion-related measures on the ballot.
Ultimately, voters backed the measure that will amend the state constitution to include a ban on abortion in the second and third trimesters, with exceptions for medical emergencies, rape, or incest. About 55% of Nebraskans voted in favor of the measure, while nearly 45% voted against it, as of 6:52 a.m. ET on Wednesday, when about 99% of votes were counted. The AP called the race at 1:02 a.m. on Wednesday.
The other initiative, which would have enshrined the right to abortion until fetal viability in the state constitution (with exceptions beyond that in situations when an abortion is necessary to protect the pregnant person’s life or health), failed, with more than 51% of voters rejecting it and nearly 49% supporting it, as of 6:52 a.m. ET on Wednesday, when about 99% of the votes were counted. The AP called the race at 3:27 a.m. ET on Wednesday.
In Nebraska, abortion is currently prohibited beyond 12 weeks of pregnancy, with exceptions for rape, incest, and to save the pregnant person’s life. The failure of the abortion-rights initiative allows the state’s existing restriction to remain in place, and the passing of the anti-abortion amendment will enshrine the restriction into the state’s constitution.
Nevada
Voters in Nevada took the first step to enshrining the right to abortion until fetal viability, or later when necessary to protect the pregnant person’s life or health, in the state constitution. About 63% of voters supported the abortion-rights measure and about 37% rejected it, as of 5:09 a.m. ET on Wednesday, when about 84% of the votes were counted. The measure only needed a simple majority to pass, but voters will need to approve it again in 2026 in order to officially amend the state constitution. The AP called the race at 3:21 a.m. ET on Wednesday.
Nevada currently allows abortions until the 24th week of pregnancy.
New York
New York will amend its state constitution to include equal rights protections, such as declaring that no one should be discriminated against because of “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” Nearly 62% of people voted in favor of the measure, while almost 39% voted against it, as of 9:49 a.m. ET on Wednesday, with about 88% of the vote counted. The AP called the race at 9:31 p.m. ET on Tuesday. New York was the only other state, in addition to Maryland, that had a legislative abortion-related initiative on the ballot.
Abortion is allowed until fetal viability in New York. The New York initiative didn’t explicitly mention abortion, but was a broad equal rights amendment that included protections for reproductive healthcare, as well as factors like ethnicity, sexual orientation, and gender identity.
South Dakota
South Dakota voters rejected a proposed amendment to the state constitution that would have guaranteed the right to abortion in the first trimester. The measure needed a simple majority to pass, but only about 40% voted in favor, while nearly 60% voted against it, as of 9:55 a.m. ET on Wednesday, when about 90% of the votes were counted. The AP called the race at 2:49 a.m. ET on Wednesday.
The initiative would have also amended the state constitution to allow the state to regulate abortion in the second trimester only if “reasonably related to the physical health of the pregnant woman,” and permit the state to regulate or prohibit abortion in the third trimester except in situations where abortion is necessary to protect the pregnant person’s health or life.
Because the measure failed, South Dakota’s near-total abortion ban will remain in place.
source https://time.com/7173410/abortion-ballot-results-2024-election/
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