When we hear that abortion is on the ballot, many of us think of voting against a candidate who refused to say no when asked if he would sign a national abortion ban into law. It’s easy to forget that most of the battle to secure abortion rights is actually happening at the state level. But this November, voters in 10 states will have the opportunity to vote directly on abortion measures. Voters in these states will decide whether to enshrine abortion access into their state constitution. A majority of the proposed measures would effectively restore the protections previously guaranteed by Roe, namely, the right to abortion until the point of fetal viability. Fetal viability is the point at which a fetus can survive outside of the womb, which is around 24 weeks

Arizona
Right now, Arizona's abortion law bans most abortions after 15 weeks of pregnancy, with exceptions only for medical emergencies. The law has been in effect since Roe v. Wade was overturned, but this November Arizonans have a chance to change it. If you’re registered to vote in Arizona, the ballot will ask if you want to vote to protect the “right to abortion until fetal viability.” This measure only needs to be supported by 50% of the votes cast in order to pass.

Colorado
In Colorado, abortion access remains protected under state law. In 2022, the state passed the Reproductive Health Equity Act, which guarantees the right to an abortion at any stage of pregnancy. The November ballot measure would further expand abortion access by allowing public funds to pay for the procedure, which would help low income women who are unable to afford abortion (or a baby) access care. This measure needs 55% of the vote to pass.

Florida
After Roe was overturned, Florida passed a law banning abortion after 15 weeks, with no exceptions for rape or incest. Governor Ron DeSantis signed into law a stricter 6-week ban that went into effect last May. The 6-week ban has an exception for rape, but only if the pregnant person is under 15 weeks pregnant and has documentation showing that they reported the crime. A significant portion of women don’t know that they’re pregnant before 6 weeks, and many victims of rape and incest do not report these crimes out of fear. While Florida currently has one of the strictest abortion laws in the country, it is subject to change in November. The Florida ballot will ask voters if they want to protect the “right to abortion until fetal viability.” This measure needs 60% of the vote to pass.

Maryland
Currently, abortion is legal with no restrictions in Maryland. This November, Maryland’s Right to Reproductive Freedom Act is on the ballot. If passed, it would enshrine the right to abortion, and to reproductive freedom more broadly, in Maryland's constitution. The Act also protects patients and providers from any penalties that relate to abortion bans in other states. This measure needs 50% of the vote to pass.

Missouri
Today, abortion is completely banned in Missouri with no exceptions for rape and incest, and some exceptions for medical emergencies. It is one of the most extreme bans in the country. But things could change very soon because the ballot measure in November would allow abortion up to the point of fetal viability. It needs 50% of the vote to pass.

Montana
The state of Montana has had a lot of disagreement and back and forth on their abortion laws. This year, a judge struck down three Montana laws restricting abortion rights. Republicans in the state legislature are still working to push for restrictions on abortion. The ballot measure in Montana would enshrine the right to abortion until fetal viability into the state’s constitution, preventing any bans. This ballot measure needs 50% of the vote to pass.

Nebraska
In Nebraska, there are two separate ballot measures that take opposite positions on abortion regulations. Currently, Nebraska bans abortion after 12 weeks, with exceptions for rape and incest. One of the ballot measures would enshrine the right to abortion up until the point of fetal viability in the state constitution. The other measure would ban abortion starting at 14 weeks. If both measures pass, the one with the most votes will be the one enacted. They each need 50% of the vote to pass.

Nevada
Abortion is currently protected until 24 weeks, which is around the point of fetal viability. The ballot measure in Nevada would enshrine the right to abortion up until the point of fetal viability into the state constitution, so state legislators could not pass pre-viability restrictions. This measure requires 50% of the vote to pass, but it must also pass again in the next general election before it can be incorporated in the state’s constitution.

New York
Right now, abortion is legal in New York up until the point of fetal viability. New York’s 2024 ballot measure does not explicitly mention abortion, but will work to protect those who get them. It is likely that the proposed New York Equal Rights Amendment “would prevent abortion restrictions by stopping discrimination based on pregnancy outcomes or reproductive health choices.” This amendment needs 50% of the vote to pass.

South Dakota
Right after Roe was overturned, South Dakota banned abortion with no exceptions for rape or incest. This year, South Dakota residents get the chance to vote to protect the right to abortion in the first trimester. Though this measure does not fully protect abortion access, it is a far leap from having absolutely no safe and legal access in the state, even for children. This measure also needs 50% of the vote to pass.

Remember to go to vote.org to confirm your voter registration or register to vote in your state! If you have moved since you last voted, you must re-register at your new address.