Since the overturn of Roe v. Wade in 2022, the decision on whether abortion is legal or not has been given back to individual states. Since then, 14 states across the country have instituted total or near-total abortion bans. An additional 28 states have bans based on different gestational stages within the pregnancy. Only nine states across the country have no bans on abortion.
Although abortion has always been a contentious issue, since the overturning of Roe, support for legal abortion has increased. According to a poll by the Associated Press/NORC, 61% of Americans believe in legal abortion for any reason in 2024 (compared to 49% in 2021). And this issue is being proven over and over again to be one at the forefront of an already historic presidential election. Her Campus’s own polling in the months leading up to the election has shown that the topic of reproductive rights is consistently the No. 1 issue driving young voters.
Naturally, abortion has been a hot topic among the presidential candidates on their respective campaign trails — namely during the Sept. 10 presidential debate between former President Donald Trump and Vice President Kamala Harris. During the debate, Trump claimed the idea of abortion was so extreme that abortions were being performed during the ninth month of pregnancy, and even after the baby was born. The debate moderators fact-checked him after this claim, clarifying (for anyone who apparently needed to hear it) that is definitely not legal anywhere to execute a baby. Harris rebutted Trump’s claim, stating that people aren’t carrying a child through an entire pregnancy and then asking for an abortion just because they want one. She also claimed she would proudly reinstate Roe v. Wade if elected president, while Trump claimed that “we’ve gotten what everybody wanted” by the Supreme Court bring the issue back to the individual states to decide.
Now, because of this, many states have made the right to an abortion something central on their ballots during this upcoming election, with measures on the ballot allowing individuals to vote to change some of those restrictions, or to protect abortion rights.
There are currently 10 states across the country that have some sort of abortion-related measure on their ballots. Here is an overview of each state and what people will be voting for come November.
Arizona
In November, there will be a proposition on the ballot in Arizona titled Proposition 139. Requiring a majority to pass, this measure will place the right to an abortion in the Arizona state constitution. It would allow an abortion up until the point of viability (the point where a fetus could survive outside of the womb, normally around 24 weeks), with exceptions for danger to the pregnant person. According to Arizona state law, abortion is currently legal until 15 weeks, so if this initiative passes, the restrictions on abortions in Arizona would become less strict.
Colorado
Although abortion is currently legal during all stages of pregnancy in Colorado, there is an initiative on the ballot that will add the right to an abortion to the state’s constitution, with the intent of making it harder for lawmakers to potentially try and undo it in the future. This initiative could also end the 40-year-old ban on using state funds to pay for abortions. Titled Amendment 79, the measure would need 55% of affirmative votes in order to pass.
Florida
Amendment 4 is currently on the ballot in Florida, which would change the state’s constitution to allow abortion until fetal viability, the stage of pregnancy when a fetus can survive outside of the uterus. Currently in Florida, abortion is illegal after six weeks of pregnancy, with some exceptions for medical emergencies and danger to the life of the pregnant person. The measure would require 60% of the vote in order to pass. Florida attorney general Ashley Moody tried to challenge this measure being brought to a vote, but the state Supreme Court ruled that it was allowed, and therefore abortion rights will be on the ballot in Florida in November.
Maryland
Currently in Maryland, abortion is legal until the point of fetal viability, and also has laws in place that protect people traveling to Maryland for an abortion from states where abortion is banned. But voters in November will decide whether or not to add this right to the state’s constitution. The measure will require a majority to pass.
Missouri
There will be a measure on Missouri’s ballot in November that will add the right to an abortion up until fetal viability to the state’s constitution. Abortion is currently illegal in Missouri, with limited exceptions for danger to the pregnant person. There have been many challenges to the measure on the ballot, but the measure will stay, and voters will be able to vote to legalize abortion in Missouri in November. The measure needs a majority vote to pass.
Montana
Like Maryland, abortion is legal in Montana until the point of fetal viability, but the state will vote on whether or not to add this right to the state’s constitution this November. Again, the goal behind this is to make the rights more permanent for residents, and to make the law more difficult to repeal. This measure also just needs a majority vote in order to pass.
Nebraska
This November, Nebraska actually has two abortion ballot measures this year. One measure aims to have the right to an abortion until the point of fetal viability enshrined in the state’s constitution, which would be less strict compared to the state’s current ban after 12 weeks. Meanwhile, the other would ban abortion in the second and third trimesters (the second trimester starts at only 13 weeks of pregnancy, FYI) with exceptions for rape, incest, and medical emergencies. So essentially, there are two competing measures for citizens to vote on regarding abortion. Although both measures would normally only require a majority of the vote to pass, it would technically be possible for both of these measures to pass, and therefore the measure that gets the most “yes” votes will be the measure that is added to the state’s constitution.
Nevada
Abortion is currently legal in Nevada until 24 weeks of pregnancy, and the law also protects people from other states traveling to Nevada for abortion care. But in November, the ballot will feature a measure to add the right to an abortion until the point of fetal viability to the state constitution. Even though this measure would only need a majority to pass, in order for it to actually be added to the constitution, voters would need to pass the measure again in 2026.
New York
The measure New York voters will decide on this November does not explicitly mention abortion, but it is an equal rights amendment that states no one should be discriminated against for pregnancy and reproductive healthcare needs, which, if passed, would strengthen abortion access in New York, where abortion is currently legal until the point of fetal viability. The measure requires a majority to pass.
South Dakota
Citizens will have an opportunity to upend the near-total abortion ban in South Dakota this November due to a new measure that would allow abortion rights in the first trimester (up until 12 weeks) and allow the state to regulate abortion in the second and third trimesters when it comes to the health of the pregnant person. The measure will require a majority to pass. There is currently a lawsuit to remove the measure from the ballot, but the results likely will not come in time to impact the ballot, meaning South Dakota voters should expect to vote on the issue.
Whether you are a voter in any of these states or not, it is *so* important to have a voting plan for the upcoming election. Check your registration status, change your address if necessary, create an easy day-of plan if you want to vote in person, and know the specific ballot measures you’ll be voting on!
Bestie, do you *actually* know how to vote? We’ve got everything you need to make sure you’re fully prepared for Nov. 5. Visit HowToActuallyVote.com for a step-by-step guide to making your voting plan.