Where abortion ballot measures stand in different states

Abortion has been a highly contested issue in the past two years, and in November, voters across several states will weigh in on how it is regulated via ballot measures. This week, two more states confirmed a measure will appear on their ballots.

After the Supreme Court returned abortion lawmaking to the states with its 2022 decision in Dobbs v. Jackson Women’s Health Organization, activists worked to add ballot measures that would protect abortion access in the 2022 and 2023 elections. This cycle is no different — voters in 11 states may see questions about abortion law when they vote on presidential and Congressional races.

Here is a look at the status of the proposed ballot measures in each state.

Missouri

In the Show Me State, Missouri Secretary of State Jay Ashcroft confirmed Tuesday that a ballot measure, which would establish a right to make decisions about reproductive care, including abortion, had received the necessary signatures to appear on the Nov. 5 ballot.

The measure would overturn the current law, which bans abortion except in medical emergencies. If the ballot measure passes, it would only allow the state to make a law banning abortion after fetal viability with exceptions for the mother’s life or physical or mental health.

A March Saint Louis University-YouGov poll showed voters favoring the measure 44%-37%. No polls have been conducted since the measure was confirmed to qualify for the ballot on Tuesday. The proposed amendment would require a simple majority to pass.

Arizona

On Monday, Arizona Secretary of State Adrian Fontes certified that supporters of the measure had submitted enough valid signatures for an abortion amendment to appear on the ballot in the Grand Canyon State in November.

The measure would enshrine into state law that “the state of Arizona may not interfere with before the point of fetal viability.” Currently, in Arizona, abortion is banned after 15 weeks, with an exception for medical emergencies.

A CBS News-YouGov poll from May showed that voters would vote yes on a ballot measure to enshrine a right to an abortion 65%-21%. The measure requires a majority to pass.

Arkansas

Last month, Arkansas Secretary of State John Thurston rejected a ballot measure that could have legalized abortion through 18 weeks, arguing that organizers had failed to give a required statement detailing the paid canvassers.

The organizers aiming to get the amendment on the ballot sued Thurston in the Arkansas Supreme Court by arguing he had not given “petitioners an opportunity to correct the submission.” Both sides in the lawsuit filed briefs with the court on Friday, and the high court in the state is expected to rule on the matter in the coming weeks, but no official timeline for a decision has been set.

Montana

In the Treasure State, abortion is legal through viability, but organizers are seeking to enshrine a right to abortion through viability with exceptions for the life and health of the mother.

The measure was initially rejected by state Attorney General Austin Knudsen, who had claimed it violated state law by making a unified vote on multiple changes to the state constitution, which is unlawful. His assessment was overruled by the state Supreme Court in March, allowing organizers to collect signatures for the amendment.

The group behind the ballot measure claims it has submitted well beyond the number of required signatures to qualify for the ballot. Montana Secretary of State Christi Jacobsen has until Aug. 22 to certify which ballot measures have qualified to appear before voters in November.

Nebraska

Nebraska voters may consider a ballot measure in November, pending approval from the state Secretary of State, which would enshrine abortion through fetal viability with exceptions for the life and health of the mother.

Organizers of the amendment have said they have submitted the necessary signatures to qualify for the ballot, but the signatures still require certification from the state.

A competing ballot measure, which would ban abortion after the first trimester, with exceptions for sexual assault, incest, or a medical emergency, is also aiming to appear on the ballot. Organizers for this ballot measure have also said they have submitted the required signatures to qualify for the ballot.

Nebraska Secretary of State Bob Evnen has until Sept. 13 to certify ballot measures for the November election. Officials have said whichever measure receives more votes will become state law.

Other states where abortion will be on the ballot

Florida, Nevada, Maryland, South Dakota, Colorado, and New York will also decide on abortion ballot measures in November.

The measures all would enshrine abortion through viability, with language varying by the state.

In most of the states, a simple majority is required to pass, but in Florida, 60% of voters will need to approve Amendment 4 to be enacted into law. In Nevada, voters will have to vote again in 2026 for it to be enacted into law.

Since the Dobbs decision in 2022, abortion has been a winning issue for Democrats and abortion-rights advocates.