The ten states with abortion ballot questions in November

Who the next president will be won't be the only thing on the ballot this November.

Tens of millions of voters in Montana, Arizona, Missouri, Nebraska, Colorado, Florida, Maryland, Nevada, New York and South Dakota are being asked how their state should regulate abortion.

Most initiatives in these 10 states would allow abortion until fetal viability, generally considered to be around 24 weeks, or later only in cases where the pregnant woman's health is at risk.

The effort is a response to the Supreme Court's 2022 decision to overturn Roe v. Wade, which led many states to enact abortion restrictions or bans. Pro-choice advocates hope they can bypass the ups and downs of state courts by directly influencing voters to enshrine abortion in state law.

But there's another reason some want abortion on the ballot — voter turnout.

Democrats hope more people will show up on Election Day to support abortion rights and vote overwhelmingly for the party because the issue is on the ballot.

Here's what each state will ask voters.

What is the law now?

Abortion is currently legal in Arizona until the 15th week of pregnancy. From this point on, the law makes an exception for the procedure to save a mother's life, but not for rape or incest.

What's on the ballot?

A question about whether the state constitution should be amended to protect the right to abortion until the fetus is viable or up to 24 weeks of pregnancy.

How might this impact the election?

It could lead to women turning out in greater numbers in a year when elections are close in this hotly contested swing state, said Celinda Lake, a veteran Democratic pollster who worked for the 2020 Biden campaign has.

But Katarina White of Arizona Right to Life said it's an opportunity for Republicans to court the state's Latino population, as polls suggest a portion of those voters oppose abortion for religious reasons but otherwise lean toward Democrats to choose.

What is the law now?

Abortions are illegal in Nebraska after 12 weeks of pregnancy, except in cases of rape, incest and when the mother's life is threatened.

What's on the ballot?

Nebraska is the only state that will have two competing ballot initiatives in November.

The first would enshrine the right to abortion until the fetus is viable or later to protect the health of the mother in the state constitution. The second measure would enshrine the current 12-week abortion ban in the state constitution, with some exceptions including incest, rape and to save the life of the pregnant woman.

How might this impact the election?

The competing ballot initiatives could increase voter turnout in the state, but they are unlikely to change the outcome of other elections. A paid family leave initiative is also on the ballot in Nebraska, and Ms. Lake said both questions could bring more voters to the polls.

What is the law now?

Abortion is legal in Nevada up to 24 weeks of pregnancy, but only if the treating doctor believes an abortion is necessary to protect the mother's life.

What's on the ballot?

A question about whether access to abortion should be enshrined in the state constitution. For the protections to be added to the Constitution, the ballot question must be approved by voters twice: once in 2024 and once in 2026.

How might this impact the election?

Nevada is one of the most hotly contested swing states in the election. If more Nevadans go to the polls and are motivated to vote on this issue, it could prove helpful to Democrats.

What is the law now?

Abortions are currently illegal after the sixth week of pregnancy, except in some cases. If a person wants to have an abortion before the six-week mark, Florida requires two in-person clinic visits 24 hours apart.

There are some exceptions to these regulations, including rape, incest and human trafficking, but these only apply until 15 weeks of pregnancy.

Abortions can also be performed in Florida after six weeks if a woman's life is at risk, she is facing “significant and irreversible” physical impairment or if there is a fatal fetal anomaly.

What's on the ballot?

Voters will vote to add language to the state constitution that would protect access to abortion, saying: “No law shall prohibit, penalize, delay, or restrict abortion before it is practicable or when necessary to protect the health of the patient.” is as determined by the patient's healthcare provider.” “

How might this impact the election?

The issue is unlikely to affect national or local races — but it did put Donald Trump and others in the spotlight be attitude towards abortion.

The former president, who lives in Florida, initially said he would vote for the initiative, but did after receiving backlash From his own party he said he would vote against it.

What is the law now?

Abortion is legal in Maryland.

What's on the ballot?

A question that would enshrine the right to abortion and “reproductive freedom” in the state constitution.

How might this impact the election?

The state is proposing to protect abortion at the state level in case something changes at the federal level, Maryland Senate President Bill Ferguson, a Democrat, said after the Legislature introduced its proposal.

“This gives residents of this state an opportunity to send a clear signal that access to safe abortion will be enshrined,” he said.

In theory, this initiative could have an impact on a tight Senate race in which candidates are frequently questioned about abortion.

What is the law now?

Abortion is legal in New York, but after 24 weeks of pregnancy, women must obtain a doctor's approval to have an abortion.

What's on the ballot?

A different question than in other states. The initiative here is to amend the state's Equal Rights Amendment to include protections against discrimination based on pregnancy, pregnancy outcomes and reproductive health care.

However, the word “abortion” does not appear in the voting question.

How might this impact the November elections?

There are a handful razor-sharp house races in the state where Democrats could be helped if voter turnout is high on this ballot question. And control of the House of Representatives could be reduced to a few seats.

What is the law now?

Abortion is illegal in Missouri “except in medical emergencies.”

The law currently states that it is illegal to perform or induce an abortion, and if someone does so, it is punishable by five to 15 years in prison.

What's on the ballot?

A question that would enshrine the right to abortion in Missouri until the fetus is viable in the state constitution, which would repeal the current ban.

How might this impact the election?

For the consistently Republican state, the ballot question is unlikely to change the outcome of other races in Missouri.

But the implications extend beyond who wins this election, said Mallory Schwarz, executive director of Abortion Action Missouri. Repeal of the ban would bring abortion back to the state and potentially make Missouri a destination for women in nearby states in the South and Midwest where the procedure is banned or severely restricted.

What is the law now?

Abortion is legal in Montana until the fetus is viable.

What's on the ballot?

A question that would explicitly create a constitutional right to abortion.

How might this impact the election?

There is a hotly contested Senate race in the state that could determine which party controls the U.S. Senate.

If the question is on the ballot, as is the case in other states with similar questions, voter turnout could increase, particularly among women. “The key to winning in Montana is women winning more than men losing,” said Ms. Lake, the veteran Democratic pollster.

What is the law now?

Abortion is legal at all stages of pregnancy.

What's on the ballot?

A question that would enshrine a right to abortion in the state constitution and allow public funds to be used for abortions.

How might this impact the election?

The question is unlikely to have any impact on the November election because polls show people here largely support abortion access.

Four years ago, voters rejected a measure that would have banned abortions after 22 weeks.

What is the law now?

All abortions are currently banned unless they are necessary to save the mother's life.

What's on the ballot?

A question that would establish a constitutional right to abortion and prevent the state from regulating “a pregnant woman's choice to have an abortion and its performance” in the first trimester.

It would allow second trimester regulations “only in a manner that is reasonably related to the physical health of the pregnant woman.”

How might this impact the election?

This is unlikely because the state is Republican.