Voters across nine states are evaluating proposed changes to their state constitutions that would ensure a right to abortion, an issue poised to significantly influence turnout in key races.
In states such as Arizona, Florida, Missouri, Nebraska, and South Dakota, the passage of certain amendments could potentially reverse existing bans or restrictions impacting over 7 million women of childbearing age in those regions.
The legal status and accessibility of abortion will not only depend on these ballot measures but will also be influenced by the political dynamics in Congress and the presidency. Similarly, state governments play a critical role through their legislatures which create new laws, state supreme courts which determine the constitutionality of these laws, attorneys general who defend them, and district attorneys who enforce them.
If all proposed abortion rights measures are successful, it would signal a robust public backing for reproductive rights, according to Mary Ziegler, a legal scholar specializing in reproductive rights history.
Conversely, if some measures fail, there may be a shift among conservatives who will seek insights on how to successfully maintain their hold on abortion-related issues.
Since the overturning of Roe v. Wade by the U.S. Supreme Court in 2022, supporters of abortion rights have won every one of the seven measures presented. This ruling has triggered bans and restrictions predominantly in Republican-led states, while states governed by Democrats have moved to strengthen abortion access.
This year, abortion rights campaigns have a significant fundraising lead, while their opponents are framing the amendments as excessively extreme rather than focusing on the ethical implications of abortion.
Thirteen states currently enforce bans on abortion at all stages of pregnancy, with certain exceptions, and an additional four states impose restrictions after approximately six weeks—a timeline that often precedes many women’s awareness of their pregnancy. Despite these bans, there has been a slight increase in the number of abortions performed, attributed to the rising use of abortion pills and organized efforts to facilitate out-of-state travel for abortion access. However, advocates argue that these restrictions have significantly limited access, particularly for low-income and minority women in affected states.
In the presidential race, abortion bans have become a pivotal topic. Vice President Kamala Harris has referred to them as “Trump abortion bans,” emphasizing the former president’s influence in the reversal of Roe v. Wade. Harris positions herself as a strong, unwavering supporter of reproductive rights, particularly focusing on issues like Black maternal health.
Former President Donald Trump faces challenges in reconciling his anti-abortion supporters with a majority of Americans who favor abortion rights. He has suggested that individual states should decide on abortion laws, even while asserting credit for appointing justices who aided in overturning Roe v. Wade.
The political landscape surrounding abortion has also seen Republican congressional candidates distancing themselves from stringent anti-abortion policies, as they recognize these positions as vulnerabilities in competitive races nationwide.
While these ballot measures share common goals, each state faces unique political challenges. For instance, Florida requires at least 60% voter approval to pass its amendment—a hurdle that could thwart efforts to overturn a six-week abortion ban that was enacted in May, particularly affecting Republican Governor Ron DeSantis, who has actively opposed the measure.
In Nebraska, conflicting measures may further complicate matters, with one proposing to permit abortions later in pregnancy while the other would secure the current legal framework banning most abortions after 12 weeks.
South Dakota’s proposed measure includes regulations concerning women’s health after 12 weeks, which has led most major national abortion rights organizations to withhold their support.
In certain states like Missouri, even if constitutional amendments are adopted, immediate changes in abortion access may not occur due to potential legal disputes and required staffing at clinics.
Arizona, a battleground in the presidential election, currently restricts abortions after 15 weeks. A pivotal state Supreme Court decision earlier this year concerning an old strict abortion ban catalyzed discussions for enacting new protections.
In Democratic-leaning states such as Colorado and Maryland, ballot measures are mostly designed to solidify existing abortion rights within their constitutions, though Colorado’s initiative could also eliminate financial barriers. A minimum of 55% support is needed for its passage.
Similar measures promoting access are being proposed in Montana and Nevada, the latter being another key state in this election cycle. In Nevada, the measure must be approved both this year and again in 2026 to be enacted.
Additionally, New York has put forth a measure that aims to enhance abortion rights, framing it around prohibiting discrimination based on “pregnancy outcomes, and reproductive healthcare and autonomy,” rather than using the term “abortion” directly.
