A previously certified abortion-related amendment was removed from the New York 2024 ballot following a ruling by a state Supreme Court justice on May 7, 2024. The measure was designed to amend the Equal Protection Clause of the New York Constitution to prohibit a person’s rights from being denied based on the person’s “ethnicity, national origin, age, [and] disability,” as well as the person’s “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
The legal challenge to the measure was filed by State Assemblywoman Marjorie Byrnes (R-133), who said that the state legislature when passing the amendment, did not give the state attorney general 20 days to review the amendment before voting on it. On May 7, state Supreme Court Justice Daniel J. Doyle ruled in favor of Assemblywoman Byrnes.
Ed Cox, Chairman of the New York Republican Party, said, “In their rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state.”
New York Attorney General Letitia James said her office would appeal the decision. She said, “The Equal Rights Amendment was advanced to protect New Yorkers’ fundamental rights, including reproductive freedom and access to abortion care. This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack.”
In order for the amendment to be placed back onto the ballot, the New York Court of Appeals must overturn the state Supreme Court ruling. In New York, the Court of Appeals is the highest judicial body in the state. The court hears appeals of decisions rendered by lower courts in the state and also has authority over some original matters. According to Politico, “In the weeks the case was argued, Democrats accused the GOP of forum shopping and warned that they might be dealt a temporary setback in Livingston County. But they were confident that they would eventually win once the case reached the Court of Appeals—which has recently handed Democrats victories on issues such as redistricting—and the issue would remain on the ballot.”
Voters in 12 states could see abortion on their ballots this year, including two states where ballot measures are currently certified for the ballot—Florida and Maryland. Measures have been proposed in ten other states. This report provides the most recent updates on abortion-related ballot measure certifications and potential measures.
Here is the status of abortion-related ballot measures for 2024.
Certified abortion-related ballot measures in 2024
Florida
Amendment 4 would provide a constitutional right to abortion “before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”
- Current law: On April 1, 2024, the Florida Supreme Court ruled that the state constitution’s right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 that found that the privacy clause provided a right to abortion. The ruling allowed the state’s 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, called the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban took effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.
- Measure type: Initiated constitutional amendment
- Measure support: Floridians Protecting Freedom is leading the campaign supporting the initiative. Supporters include the ACLU of Florida, the League of Women Voters of Florida, the Fairness Project, and Planned Parenthood of Southwest and Central Florida. On April 23, President Joe Biden (D) announced support for the measure.
- Measure opposition: Florida Voters Against Extremism is leading the campaign in opposition to the initiative. Opponents include Gov. Ron DeSantis (R), the Republican Party of Florida, Susan B. Anthony Pro-Life America, the Florida Conference of Catholic Bishops, and the National Center for Life and Liberty.
- State political context: Florida currently has a Republican trifecta. In the previous presidential election in 2020, Donald Trump (R) won with 51.22% of the vote.
Maryland
Maryland voters will be deciding a constitutional amendment that would guarantee a right to reproductive freedom, including the ability to prevent, continue, or end one’s own pregnancy. The ballot measure is designed to prohibit the constitutional right from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means.
- Current law: Currently, abortion is legal in Maryland until viability. Abortion is legal after viability if the woman’s life or health is endangered or there is a fetal anomaly.
- Measure type: Legislatively referred constitutional amendment
- Measure support: Freedom in Reproduction Maryland is leading the campaign supporting the amendment. Supporters include Gov. Wes Moore (D) and Lt. Gov. Aruna Miller (D).
- Measure opposition: Health Not Harm MD is leading the campaign against the amendment. Opponents include the Maryland Catholic Conference, the Maryland Family Institute, and the Maryland Right to Life PAC.
- State political context: Maryland currently has a Democratic trifecta. In the previous presidential election in 2020, Joe Biden (D) won with 65.36% of the vote.
Potential abortion-related ballot measures in 2024
Arizona
The campaign Arizona for Abortion Access is working to place a constitutional amendment on the ballot that would establish a state constitutional right to abortion that the state may not interfere with before the point of fetal viability.
- Number of signatures needed: 383,923 valid signatures. Arizona for Abortion Access said it gathered 506,892 petition signatures on April 2, 2024, and would continue collecting signatures up until the deadline.
- Signature deadline: July 3, 2024
Arkansas
The Arkansans for Limited Government campaign is working to place a constitutional amendment on the ballot that would prohibit laws or policies restricting abortion access within 18 weeks from conception; in cases of rape, incest, or fatal fetal anomaly; or when abortion is needed to protect the life or health of the mother as determined by a physician.
- Number of signatures needed: 90,704 valid signatures
- Signature deadline: July 5, 2024
Colorado
Colorado voters may decide on a ballot initiative that would prohibit the state or local governments from denying or impeding the right to an abortion and allow abortion to be a covered service under health insurance plans. Signatures were submitted for the initiative on April 18, 2024. Proponents reported gathering over 225,000 signatures.
- Number of signatures needed: 124,238 valid signatures
- Signature deadline: April 26, 2024.
Missouri
The Missourians for Constitutional Freedom campaign is working to place a constitutional amendment on the ballot that would provide the right to reproductive freedom, and provide that the state legislature may enact laws that regulate abortion after fetal viability. Signatures were submitted for the amendment on May 3, 2024. Proponents reported submitting 380,159 signatures.
- Number of signatures needed: 171,592 valid signatures
- Signature deadline: May 5, 2024
Montana
Montana voters may decide on a constitutional amendment that would provide for the right to make and carry out decisions about one’s own pregnancy, including a right to abortion.
- Number of signatures needed: 60,359 valid signatures
- Signature deadline: June 21, 2024
Nebraska
The Protect Our Rights campaign is working to place a constitutional amendment on the ballot that would establish a right to abortion until fetal viability.
- Number of signatures needed: 124,465 valid signatures
- Signature deadline: July 5, 2024
Another constitutional amendment filed in Nebraska would prohibit abortions after the first trimester unless necessitated by a medical emergency or the pregnancy is a result of sexual assault or incest
- Number of signatures needed: 124,465 valid signatures
- Signature deadline: July 5, 2024
Nebraska voters may also decide on a state statute that would prohibit abortion procedures and drugs except in cases to preserve the life of the mother.
- Number of signatures needed: 87,126 valid signatures
- Signature deadline: July 5, 2024
Nevada
The Nevadans for Reproductive Freedom campaign is working to place a constitutional amendment on the ballot that would establish a state right to an abortion. The measure would allow for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant woman.
- Number of signatures needed: 102,362 valid signatures
- Signature deadline: June 26, 2024
New York
New York voters may decide on a constitutional amendment to prohibit the denial of a person’s rights based on the person’s “ethnicity, national origin, age, [and] disability,” as well as the person’s “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” The measure was referred to the ballot by the New York State Legislature, but was removed from the ballot following a ruling by state Supreme Court Justice Daniel J. Doyle on May 7, 2024.
Pennsylvania
The Pennsylvania State Legislature may refer a constitutional amendment to the ballot that would say that the Pennsylvania Constitution grants no right to a taxpayer-funded abortion or any other right relating to abortion. The amendment already passed in the 2021-2022 legislative session and would need to pass the current session.
The Pennsylvania House of Representatives went from a Republican majority to a Democratic majority in the November 2022 election. The amendment would need 102 votes in the Pennsylvania House of Representatives to pass—there are 100 Republicans and 102 Democrats in the House. Previously, 106 Republicans and one Democrat voted for the amendment, and 88 Democrats and four Republicans voted against the amendment (with three Republicans absent for the vote).
- Majority requirement needed: Simple majority in both chambers of the state legislature in two consecutive legislative sessions.
South Dakota
Dakotans for Health is working to place a constitutional amendment on the ballot that would provide a right to abortion using a trimester framework. Signatures were submitted on May 1, 2024. Proponents of the initiative announced they had submitted signatures from more than 55,000 registered voters.
- Number of signatures needed: 35,017 valid signatures
- Signature deadline: May 7, 2024
Where have abortion measures been on the ballot since Dobbs?
Following the Dobbs v. Jackson Women’s Health Organization U.S. Supreme Court decision that overturned Roe v. Wade in 2022, seven abortion-related measures appeared on the ballot.
In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana. The most recent abortion-related ballot measure to be passed by voters was Ohio Issue 1, which voters approved in Nov. 2023.
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