How abortion measures fared on the ballot in the 2024 election
Washington — The 2024 election not only decided who will succeed President Biden in the White House, but in 10 states, voters also weighed in on abortion access through ballot measures.
In the wake of the Supreme Court's 2022 decision overturning Roe v. Wade, which had established the right to an abortion in the U.S. Constitution, abortion rights groups turned to ballot initiatives to put the issue of reproductive rights squarely before voters.
Proponents saw successes with this approach in 2022 and 2023, when abortion-related initiatives were on the ballot in seven states. But in this election cycle, the results were more mixed. In seven of the 10 states where abortion was on the ballot, voters supported measures to protect access. But in three states, more stringent restrictions were either left in place or approved.
Roughly two dozen states enacted abortion restrictions after Roe was reversed, and 14 of those states have near-total bans with limited exceptions.
Here's where abortion was on the ballot in 2024 and the outcome of each measure:
Arizona - Approved
The ballot measure approved by voters, known as Proposition 139, creates a "fundamental right" to abortion in the state. Under the change to the state's constitution, the state cannot "interfere with this fundamental right before fetal viability unless it has a compelling reason and does so in the least restrictive way possible." Fetal viability is generally understood to be between 22 and 24 weeks of pregnancy, and is defined in the ballot measure as the point when "the fetus has a significant likelihood of survival outside the uterus," as determined by a healthcare professional.
The yes vote enshrined the right in the state constitution. Abortion is currently legal in Arizona within 15 weeks of pregnancy. The measure required more than 50% of support from voters to be approved.
Colorado - Approved
CBS News projects Colorado's Amendment 79 will be approved by voters, amending the state's constitution to add a section recognizing the right to abortion.
The question on the ballot asked whether there should "be a change to the Colorado constitution recognizing the right to abortion and, in connection therewith, prohibiting the state and local governments from denying, impeding, or discriminating against the exercise of that right, allowing abortion to be a covered service under health insurance plans for Colorado state and local government employees and for enrollees in state and local governmental insurance programs."
The ballot measure rolls back a constitutional amendment approved by voters 40 years ago that barred the use of state funds for abortions.
Amendment 79 required 55% approval since it adds language to the state constitution, according to the Colorado secretary of state. Colorado law currently protects the right to abortion.
Florida - Fails
Known as Amendment 4, or the "Amendment to Limit Government Interference with Abortion," the measure would have overriden Florida's ban on abortion after six weeks and enshrined abortion rights into the state constitution. It will fail to garner the 60% support needed to win approval, CBS News projects, meaning the state's stringent abortion restrictions will remain in place.
The outcome marks the first since Roe was overturned in which the pro-abortion rights position has not succeeded when the issue has been on the ballot.
The text of the amendment stated that "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 health care provider." It would leave in place a parental notification requirement for a minor seeking an abortion.
Florida's proposal garnered attention this summer when former President Donald Trump, who resides at a private club in Palm Beach, criticized the state's current six-week ban and said he was "going to be voting that we need more than six weeks." The Republican presidential nominee quickly backtracked and said that while he disagrees with Florida's ban, he would be voting "no" on the ballot measure.
Maryland - Approved
Abortion is legal in Maryland, but voters approved a constitutional amendment enshrining reproductive rights in the state constitution by amending its Declaration of Rights, CBS News projected.
The state's Question 1 confirms "an individual's fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end the individual's pregnancy, and provides the state may not, directly or indirectly, deny, burden or abridge the right unless justified by a compelling state interest achieved by the least restrictive means."
The initiative required support from more than 50% of voters to win approval.
Missouri - Approved
Abortion is currently banned in Missouri except when there is a "medical emergency," but voters approved Amendment 3, which amends the Missouri Constitution to unwind that ban.
Called the "Right to Reproductive Freedom Initiative," it establishes a constitutional right to reproductive freedom, which is described as the right to "make and carry out decisions about all matters relating to reproductive health care," including prenatal care, child care, birth control and abortion.
The measure allows the state to restrict or ban abortion after fetal viability, considered to be between 22 and 24 weeks into pregnancy, except when necessary to protect the life or health of the mother. It also prohibits the government from discriminating against any person providing or obtaining reproductive health care in government programs, funding or other activities.
Montana - Approved
In Montana, Ballot Issue 14 is a constitutional initiative that changes the state constitution to "expressly provide a right to make and carry out decisions about one's own pregnancy, including the right to abortion."
The measure bars the government from "denying or burdening" the right to terminate a pregnancy before fetal viability and prohibits the state from denying or burdening access to an abortion when a medical professional determines it's needed to protect the mother's life or health.
Ballot Issue 14 also prevents the government from punishing patients, health care providers or others who assist a person in "exercising their right to make and carry out voluntary decisions about their pregnancy."
The vote in Montana comes two years after voters rejected a legislative referendum adopting the Born-Alive Infant Protection Act, which declared that infants born alive, including after an abortion, are legal persons.
Abortion is legal in Montana up to fetal viability after the state supreme court recognized the right to abortion under its constitution.
Nebraska - Restrictions approved
Two dueling initiatives were on the ballot in Nebraska — one that would establish a right to abortion until fetal viability and another that would enshrine abortion restrictions in the state constitution. Nebraska voters approved the measure that prohibits abortion after the first trimester of pregnancy, or roughly 12 weeks.
That proposal, known as Initiative 434, amends the state constitution to restrict abortion in the second and third trimesters, except in the case of "a medical emergency or when the pregnancy results from sexual assault or incest."
The other measure, Initiative 439 would have amended the state constitution to create a right to abortion "without interference from the state or its political subdivisions" until fetal viability. Fetal viability is described as when a healthcare provider deems there is "significant likelihood of the fetus' sustained survival" outside of the uterus, which is generally between 22 and 24 weeks of pregnancy.
Abortion is currently legal in Nebraska until 12 weeks of pregnancy. According to the state's constitution, if both of the conflicting measures had been approved during the same election, the highest vote getter would have become law.
Nevada - Approved
Nevada's Question 6 proposed amending the state constitution to make abortion access an individual right and was approved by voters. Approval of the "Reproductive Freedom Amendment" is a first step and places the issue on the general election ballot in 2026, since constitutional amendments have to be approved twice by voters.
The amendment would guarantee that every individual has a "fundamental freedom" which includes the right to make decisions about pregnancy-related matters like prenatal care, contraception and abortion. It would allow the state to regulate abortion after fetal viability, except when necessary to "protect the life or physical or mental health" of the mother.
The measure requires simple majority support to pass.
New York - Approved
In New York, a measure known as Proposal 1 appeared on the ballot and was approved by voters, CBS News projected. Though abortion isn't explicitly mentioned in the ballot measure, supporters said it would safeguard abortion protections by defining "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy" as protected classes under the constitution.
The state's constitution currently protects against discrimination on the basis of "race, color, creed or religion." The proposal, known as the Equal Rights Amendment, adds ethnicity, national origin, age, disability, sex, sexual orientation, gender identity and gender expression, to that list, in addition to the reproductive rights-related language.
In the Empire State, abortion is legal until 24 weeks of pregnancy.
South Dakota - Fails
Abortion is currently banned in South Dakota, except when necessary to save the life of the mother, but Constitutional Amendment G would have overriden that near-total ban if approved by voters. Instead, a majority of South Dakota voters opposed the ballot measure, CBS News projected.
The measure would have established a constitutional right to abortion and a legal framework for regulation of abortion by the state, which would take the place of existing laws and regulations on the issue.
Under the amendment, if approved, the state would not restrict abortion during the first trimester, leaving it instead up to the pregnant woman. The state would have, however, regulated abortion in the second trimester only if it is "reasonably related to the physical health of the pregnant woman."
After the end of the second trimester, the state would have regulated or ban abortion, except when needed to preserve the life or health of the mother.
A "yes" vote would have adopted the amendment, while a "no" vote kept South Dakota's current law intact.
