4 states vote to protect abortion rights, while effort to expand access in Florida fails

By: CNN

Posted: Nov 6, 2024 3:36 AM CST

CNN via CNN Newsource

By Amy O’Kruk, Annette Choi, Lauren Mascarenhas, Kaanita Iyer and Piper Hudspeth Blackburn

(CNN) — More than two years after the US Supreme Court overturned Roe v. Wade and ended the federal constitutional right to an abortion, voters in 10 states cast ballots on whether to cement reproductive rights in their state constitutions.

Measures to protect abortion access in Arizona, Colorado, New York and Maryland will pass, CNN projects. In New York, Colorado and Maryland, where abortion is currently legal at least up to the point of viability, the measures will maintain current abortion access. In Arizona, the amendment is expected to overturn the state’s current ban on abortions 15 weeks into pregnancy.

But a Florida amendment to protect the right to an abortion up to the point of viability will fail, CNN projects, with the amendment falling short of the 60% voter threshold for passage. The state’s six-week ban will remain in place.

Three other states – Missouri, Nebraska and South Dakota – had ballot measures on whether to invalidate their states’ current abortion bans or restrictive policies.

And in Nebraska, voters are weighing in on a dueling measure that would do the opposite – cement the current abortion ban in the state’s constitution.

Here’s what was on the ballot and check back for live results throughout election night and beyond.

Since Roe was overturned in 2022, seven states had seen a popular vote on abortion rights prior to this year. Every measure aimed at protecting access passed, while all measures to restrict it failed.

Arizona

Arizona voters will approve a measure to enshrine the right to an abortion in the state constitution up to fetal viability, CNN projects.

The win for reproductive rights advocates will expand access to the procedure in the state, which currently bans abortion at 15 weeks into pregnancy. Doctors believe fetus viability to be around 22 to 24 weeks.

The Arizona State Supreme Court voted in April to uphold a Civil War-era total ban on abortion, sparking national outrage and prompting state lawmakers to repeal the ban before it could take effect. Abortion rights supporters say the moment served as a stark reminder of what could come if reproductive rights aren’t enshrined in the state constitution.

Colorado

Colorado voters will approve a measure to enshrine the right to an abortion in the state constitution, CNN projects. While abortion remains legal in the state with no gestational limit, the approval of the amendment means public funds can be used toward abortions.

That will clear the way for the state to potentially cover abortions under Medicaid and some state employee health insurance plans. Abortion rights supporters say this will go a long way toward expanding abortion access, especially among low-income individuals.

Maryland

Voters in Maryland will approve a measure to enshrine reproductive protections, including the right to end a pregnancy, in the state’s constitution, CNN projects. The procedure is already legal in the state with no gestational limit.

In 2023, Maryland enacted a shield law protecting its abortion providers from investigations by other states. While the state’s vote will have little impact on abortion access for its own residents, proponents say it’s important to solidify reproductive freedoms in a state that has become an access point for out-of-state patients.

New York

CNN projects that New York voters will approve a measure that would amend the equal protection clause of the state’s constitution to say that a person’s rights cannot be denied due to “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”

The amendment survived several legal challenges to make it onto the state ballot. It seeks to provide protections against discrimination due to a number of factors, including pregnancy outcomes, age, disability, sexual orientation and gender identity. While proponents focused on abortion rights, opponents used the measure’s broad nature to raise concerns about transgender and parental issues.

Florida

A Florida measure to protect the right to an abortion up to the point of viability will fail, CNN projects. Although the measure is projected to receive a majority of votes, it will not meet the 60% voter threshold needed to pass.

Both abortion rights supporters and opponents campaigned fiercely on the issue. A federal judge recently accused officials of Republican Gov. Ron DeSantis’ administration of attempting to violate First Amendment rights in their campaign against the ballot measure.

The Sunshine State once served as a critical access point for patients from Southern states with more restrictive abortion policies.

Missouri

The measure would establish a right in the state constitution to make reproductive care decisions without government interference – including abortion, up to fetal viability, around 22 to 24 weeks into pregnancy. It would also protect those seeking or providing care from government discrimination.

Missouri voters will decide whether or not to effectively undo the state’s current abortion ban. The measure specifically cites the right for people to make their own decisions about contraceptives, meaning access to birth control is also on the ballot.

Montana

Montana’s Right to Abortion Initiative would amend the state constitution to protect the right to make decisions about one’s own pregnancy – including the right to an abortion – through fetal viability or when needed to protect the pregnant patient’s life or health, as determined by a doctor.

Montana’s vote won’t change current access to abortion, but it could protect against future attempts to restrict abortion by state Republicans.

Nebraska (dueling ballot measures)

The Protect Women and Children initiative would enshrine the current 12-week abortion ban in the state constitution, with exceptions for rape, incest and medical emergencies. The Protect the Right to Abortion Initiative would enshrine the right to an abortion in the state’s constitution up to the point of viability or to protect the life or health of the pregnant patient.

This summer, Nebraska Secretary of State Bob Evnen announced that that, for the first time in the state’s history, two conflicting petition efforts had made the same ballot. Organizers campaigned fiercely to get their respective measures on the ballot – with each side accusing the other of using misleading tactics.

For a measure to pass, it needs to receive the majority of votes and at least 35% of the total votes cast in the election. If both amendments pass, the one with more votes will prevail.

Nevada

The Nevada Right to Abortion Initiative would establish in the state’s constitution the fundamental right to an abortion, up to the point of fetal viability, or to protect the life or health of a pregnant patient.

In Nevada, an amendment must be passed in two successive general elections before it can be added to the state constitution. If Nevadans vote to approve the measure, they would still have to wait two years and cast another vote in favor to see the right to an abortion written into the state constitution.

South Dakota

The Right to Abortion Initiative would legalize abortion – with regulations – during the first and second trimesters of pregnancy. Currently, all abortions are banned in the state, except to save the life of the mother.

Reproductive rights advocates are hopeful this measure will return abortion access to pregnant survivors of rape or incest, who have no abortion options under the state’s current law. The measure would still allow for state regulation of abortion during the second trimester of pregnancy, but proponents say it would still be a win for reproductive rights in the state.

This story and headline have been updated with additional information.