Seven states vote to protect abortion rights, while efforts in Florida and South Dakota to expand abortion rights fail

CNN
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More than two years after the U.S. Supreme Court ruled on Roe v. After Wade repealed and abolished the constitutional right to abortion at the federal level, voters in ten states voted on whether to enshrine reproductive rights in their state constitutions.

Measures to protect abortion access in Arizona, Colorado, New York, Maryland, Missouri, Montana and Nevada pass, CNN projects. In New York, Colorado and Maryland, where abortion is legal at least up to the point of feasibility, the measures will maintain current access to abortion. In Missouri, the change will significantly expand access to abortion, which is currently banned without exception in cases of rape or incest. In Arizona, too, the change is intended to lift the state's ban on abortion in the 15th week of pregnancy.

But a Florida constitutional amendment protecting the right to abortion until feasible will fail, CNN predicts, as the amendment fails to meet the 60 percent threshold for passage. The state's six-week ban remains in place.

And South Dakota's abortion ban, except to save the life of the mother, will stand as a majority of voters vote against an initiative to legalize abortions – with regulations – in the first and second trimesters of pregnancy.

Voters in Nebraska also expressed their opinions on the issue as they faced competing measures on the ballot: One would repeal the state's 12-week abortion ban, which has exceptions for sexual assault, incest and medical emergencies, and the other to maintain the restriction.

Here's what was on the ballot and rewatch the live results.

Since Roe was overturned in 2022, there have been referendums on abortion rights in seven states before this year. All measures to protect access were successful, all measures to restrict access failed.

Missouri voters will approve a measure to enshrine the right to abortion in the state's constitution until it is practical, CNN predicts.

The measure establishes the right to make reproductive care decisions without government interference and protects those seeking or providing care from government discrimination.

The predicted victory for reproductive rights advocates will significantly expand access to abortion in the state, where the procedure is currently banned with no exceptions for rape or incest. Doctors believe fetal viability is around 22 to 24 weeks of pregnancy.

South Dakota voters will reject a measure that would have guaranteed a constitutional right to abortion — with regulations — during the first and second trimesters of pregnancy, CNN predicts.

Reproductive rights advocates hoped the measure would restore access to abortion to pregnant survivors of rape or incest who do not have abortion options under current state law.

Nevada voters will approve a measure that would enshrine the fundamental right to an abortion until the fetus is viable in the state constitution, CNN predicts. However, to amend the Constitution, Nevada voters must approve the measure again in 2026.

CNN predicts Montana voters will approve a measure to amend the state's constitution to protect the right to make decisions about one's pregnancy – including the right to abortion – through the viability of the fetus or if doing so would protect the the life or health of the pregnant patient is necessary.

While abortion is currently legal in Montana by its viability, the measure will strengthen the right to the procedure in Montana by enshrining a 1999 ruling by the state Supreme Court. Republican Gov. Greg Gianforte signed a law in 2023 declaring that access to an abortion is no longer protected by the right to privacy in the state constitution, challenging that precedent.

According to CNN projects, voters in Arizona will approve a measure to enshrine the right to abortion until the fetus is viable in the state constitution.

The victory for reproductive rights advocates will expand access to the procedure in the state, which currently bans abortions at 15 weeks of pregnancy. Doctors believe the fetus's viability is around 22 to 24 weeks.

The Arizona state Supreme Court voted in April to uphold a total Civil War-era abortion ban, sparking nationwide outrage and prompting state lawmakers to repeal the ban before it could take effect. Abortion rights advocates said the moment was a stark reminder of what could happen if reproductive rights were not enshrined in the state constitution.

Colorado voters will approve a measure to enshrine abortion rights in the state constitution, CNN predicts. While abortions remain legal in the state with no pregnancy limits, the passage of the amendment means public funds can be used for abortions.

This will clear the way for the state to potentially cover abortions under Medicaid and some health insurance plans for state employees. Abortion rights advocates say this will go a long way toward expanding access to abortion, especially for low-income people.

Maryland

According to CNN projects, Maryland voters will approve a measure to enshrine reproductive protections, including the right to terminate a pregnancy, in the state's constitution. The procedure is already legal in the state with no pregnancy 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, advocates say it is important to solidify reproductive freedoms in a state that has become an access point for out-of-state patients.

CNN predicts that New York voters will approve a measure that would amend the state constitution's Equal Protection Clause to state that a person's rights cannot be denied based on “pregnancy, pregnancy outcome, and reproductive health care and autonomy.”

The amendment survived several legal challenges and made it to the state ballot. The aim is to provide protection against discrimination based on a range of factors, including pregnancy outcomes, age, disability, sexual orientation and gender identity. While supporters focused on abortion rights, opponents used the measure's broad nature to raise concerns about transgender and parenting issues.

A Florida measure to protect the right to abortion until it is feasible will fail, CNN predicts. Although the measure is expected to receive a majority of votes, it will fall short of the 60 percent threshold required for passage.

Both proponents and opponents of abortion rights campaigned fiercely on the issue. A federal judge recently accused officials in 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 major access point for patients from southern states with more restrictive abortion policies.

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 initiative would enshrine the right to an abortion in the state constitution until it is feasible or to protect the life or health of the pregnant patient.

This summer, Nebraska Secretary of State Bob Evnen announced that for the first time in the state's history, there had been two conflicting petition efforts on the same ballot. Organizers pushed hard to bring their respective measures to a vote — with each side accusing the other of using deceptive tactics.

For a measure to pass, it must receive a majority of votes and at least 35% of all votes cast in the election. If both amendments are adopted, the one with the most votes takes precedence.

This article and headline have been updated with additional information.