Since the overturning of Roe v. Wade in 2022, it was left up to the states to determine what abortion laws would be. Since then, 14 states across the country have instituted total or near-total abortion bans. Further, 28 states have bans based on different gestational stages of a pregnancy. Needless to say, abortion was at the forefront of the 2024 election, with the topic of reproductive rights consistently named the No. 1 issue among Gen Z voters in multiple Her Campus surveys.
So, how did abortion rights fare in the Nov. 5 election? A total of 10 states had bills specifically related to abortion on their ballots. The measures ranged from whether the state should legalize abortion at all, to determining the point in a pregnancy when abortion should be legal, to legalizing abortion throughout all stages of pregnancy.
Out of the 10 states with abortion ballot measures in the 2024 presidential election, seven states — Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York —voted to strengthen abortion legality, while three states — Florida, Nebraska, and South Dakota — rejected to expand abortion access. Here is what to know about what each of these votes mean, and what it took to get there.
States That Voted To Expand Abortion Rights
Arizona
In Arizona, Proposition 139 passed in the state with a 61% majority from voters. This means the right to an abortion, up until the point of fetal viability, will now be on the Arizona state constitution. This measure passing expands abortion rights in the country, as the previous laws regarding abortion made it illegal after 15 weeks, whereas fetal viability is estimated to be around 24 weeks.
Colorado
In Colorado, Amendment 79 passed in the state with a 61% majority from voters. This measure passing will enshrine the right to an abortion, at all stages of pregnancy, into the state constitution. In Colorado, abortion at all stages of pregnancy was already legal, but now that law will be much harder to revoke if it is in the state constitution. The amendment also included the end of the ban on using state funds to pay for abortions.
Maryland
In Maryland, Question 1 regarding amending the state constitution passed with a 74% majority. This amendment to the constitution included enshrining the right to an abortion, until the point of fetal viability, and protecting those who travel to Maryland for abortions from more restrictive states. Although both of these protections were already legal in Maryland, adding them to the state constitution makes them much harder to revoke.
Missouri
In Missouri, Amendment 3 passed with a 51% majority. This will enshrine the right to an abortion until the point of fetal viability in the state’s constitution. Previously, in Missouri, there was a near-total ban on abortions, with only small exceptions for danger to the pregnant person. Therefore, the passing of this measure represents a huge expansion in abortion rights in Missouri.
Montana
BREAKING: Montanans voted to enshrine the right to abortion in the State Constitution, securing the right to make decisions about pregnancy, including abortion, against future attacks.
This is a monumental win for abortion rights in Montana.
— ACLU (@ACLU) November 6, 2024
In Montana, Amendment 128 passed with a 57% majority. This will enshrine the rights to an abortion up until the point of fetal viability in the state’s constitution. An abortion until this point was already legal in Montana before the election, but now, once again, the right will be added to the state’s constitution, thus making it harder to revoke.
Nevada
In Nevada, Question 6 passed with a 63% majority. This measure will enshrine the right to an abortion until the point of fetal viability to the state’s constitution, which was already the law regarding abortion in the state. However, this measure will need approval again in 2026 for the measure to actually be added to the state constitution.
New York
In New York, Proposal 1 passed with over 61% of the vote. This measure was meant to expand civil rights protections in the state by adding anti-discrimination laws on the basis of identity, race, and ethnicity, as well as pregnancy outcomes and reproductive health care. Although the measure did not specifically mention abortion, it is expected to strengthen abortion access in the state, where abortion is currently legal until the point of fetal viability.
States That Rejected Abortion Rights Expansion
Florida
the florida amendment 4 60% rule is EXACTLY why the right to have an abortion should be national law. how did 57% voters vote yes to the right of an abortion and yet they still lose???
— girl with many prospects (@harryscowgirI) November 6, 2024
Although Amendment 4 — the measure intended to enshrine the right to an abortion up until the point of fetal viability in Florida’s state constitution — garnered 57% of the “yes” vote, it still did not pass. This is because the measure required a 60% supermajority to pass, the highest threshold for abortion measures in the country. Currently in Florida, an abortion is legal until only six weeks, so this measure passing would have greatly expanded abortion rights in the highly restrictive state.
Nebraska
Nebraska actually had two conflicting measures on its ballot regarding abortion rights this election. The first, Measure 434, would enshrine the right to an abortion in the first trimester (generally around 12 weeks) to the state’s constitution. The second, Measure 439, would enshrine the right to an abortion up until fetal viability in the state’s constitution. Because technically both measures could get enough votes to pass, lawmakers in the state decided that whichever measure got the most “yes” votes would be the one that passed.
Measure 434 got 55% of the vote, while Measure 439 received 51%. In Nebraska, an abortion until the end of the first trimester was already legal, and now that law will be in the state constitution. Therefore, the right to an abortion within the first trimester will be an option for residents of Nebraska, with exceptions later on for rape, incest, and life of the pregnan person. However, this measure also leaves open the possibility to pass additional restrictions, potentially up to a complete abortion ban.
South Dakota
In South Dakota, Amendment G did not pass, receiving 40.5% of the vote. The measure intended to create the right to an abortion in the first trimester, while allowing the state to regulate abortions in the second trimester and allowing exceptions for the health of the pregnant person in the third trimester. South Dakota currently has a near-total abortion ban.