History of abortion ballot measures
| Abortion on the ballot |
| Abortion regulations by state |
| Results for abortion-related ballot measures, 2024 |
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In 2024, 11 statewide ballot measures related to abortion were certified in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, New York, Nevada, and South Dakota for the general election ballot on November 5 — the most on record for a single year.
Ten of the ballot measures addressed state constitutional rights to abortion. Voters approved seven of them in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada, while three measures were defeated in Florida, Nebraska, and South Dakota. One, in Nebraska, to limit the timeframe for when an abortion can be performed was approved.
Since the 1970s, abortion-related policies have been a topic for statewide ballot measures across the U.S.
From 1970 to 2024, there were 65 abortion-related ballot measures, and 44 (68%) of these had the support of organizations that described themselves as pro-life. Voters approved 12 (27%) and rejected 32 (73%) of these 44 ballot measures. The other 21 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved 15 (71%) and rejected six (29%).
Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.
On this page, you will find:
- a list of states that have voted on abortion-related ballot measures;
- a timeline of abortion on the ballot;
- a list of measures by year; and
- a list of measures by topic.
Abortion has been on the ballot in 30 states, including 21 states with an initiative and referendum process.
- The states with the highest numbers of abortion-related ballot measures are Colorado (10), Oregon (six), California (four), and Washington (four). These states have an initiative and referendum process.
- The average number of measures in states with an initiative and referendum process is 2.15, whereas the average number in states without initiatives or referendums is 0.38.
- States without an initiative and referendum process have never had more than one abortion-related ballot measure.
The following is a map of states where ballots have featured abortion-related measures:
1970s
The first abortion-related measure to appear on a ballot was Washington Referendum 20, which was approved. In 1970, Referendum 20 legalized abortion in the state of Washington — three years before Roe v. Wade. Measures to legalize abortion were proposed in Michigan and North Dakota in 1972; both were defeated.
After the U.S. Supreme Court decided Roe v. Wade in 1973, there were no abortion-related ballot measures until 1978. Oregon Measure 7, which was defeated, was the first of several ballot measures designed to prohibit the use of public funds on abortions.
1980s
In 1986, Massachusetts and Rhode Island became the first two states to vote on constitutional amendments that would have allowed them to prohibit or regulate abortion in the event that Roe v. Wade was revised or overturned.
During the 1980s, voters decided on seven ballot measures to prohibit the public funding of abortion; three were approved, and four were defeated. In Colorado, Initiative 3, which prohibited public funding, was approved in 1984. Opponents of Initiative 3 sought to re-allow public funding with Initiative 7 in 1988; Initiative 7 was rejected, keeping the funding ban as law.
1990s
The first parental notification measure was on the ballot in Oregon in 1990. The initiated measure was defeated. In 1998, the second parental notification measure, which was on the ballot as Colorado Initiative 12, was approved.
Also on the ballot in 1990 was Washington Initiative 120, the first ballot measure since before Roe v. Wade to expand the timeframe for when an abortion can be performed. In Nevada, a statute affirmation, Question 7, was on the ballot to prohibit the state Legislature from repealing the state's law allowing abortions in the future. Both Washington Initiative 120 and Nevada Question 7 were approved.
In 1992, voters approved Maryland Question 6, which was the last ballot measure, until 2022, designed to enact a law that organizations described as pro-choice/pro-reproductive rights supported.
In 1998 and 1999, three states — Colorado, Maine, and Washington — voted on ballot initiatives to ban partial-birth abortions, also known as dilation and evacuation abortion procedures. These ballot initiatives were defeated. Measures to prohibit abortion were also on the ballot in Arizona, Oregon, and Wyoming, where each was rejected.
2000s
During the 2000s, there were nine abortion-related measures on the ballot in five states. Issues included parental notification, personhood amendments, and laws to prohibit or limit abortions. Florida Amendment 1, a parental notification measure, was approved. The other eight proposals – three in California, two in Colorado, two in South Dakota, and one in Oregon – were defeated.
2010s
Both personhood constitutional amendments and those addressing state constitution interpretations became more common during the 2010s. Voters rejected the four personhood amendments, and approved three of four amendments to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. The measures approved were Tennessee Amendment 1 (2014), Alabama Amendment 2 (2018), and West Virginia Amendment 1 (2018). The one constitution interpretation amendment that was rejected, Florida Amendment 6 (2012), addressed a second topic as well — prohibiting public funding of abortion.
2020s
In 2022, voters in California, Michigan, and Vermont were the first to decide ballot measures to establish state constitutional rights to abortion. Votes on these ballot measures followed Dobbs v. Jackson Women’s Health Organization, which held that the U.S. Constitution does not confer a right to abortion.[1]
- In Vermont, voters approved a constitutional amendment to establish a right to reproductive autonomy. Proposal 5 was proposed before Dobbs, and Eileen Sullivan, communications director for the Planned Parenthood Vermont Action Fund, cited changes in the U.S. Supreme Court's membership as background for Proposal 5. Sullivan said, "Justice [Anthony] Kennedy's retirement prompted action in Vermont, so that these rights in Vermont would be protected no matter what happens in Washington, D.C."[2]
- In California, Proposition 1 was approved, providing that the state cannot "deny or interfere with an individual’s reproductive freedom in their most intimate decisions," including the decision to have an abortion or to choose or refuse contraceptives. Gov. Gavin Newsom (D), Senate President Toni Atkins (D-39), and Assembly Speaker Anthony Rendon (D-63) issued a joint statement calling for an amendment on May 2, 2022, following the leak of a Dobbs order draft. "We know we can’t trust the Supreme Court to protect reproductive rights, so California will build a firewall around this right in our state constitution," read the statement.[3]
- In Michigan, voters approved a citizen-initiated measure to provide a state constitutional right to reproductive freedom. The ballot initiative defined reproductive freedom as "the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."
The ballot also featured constitutional interpretation amendments in Louisiana in 2020 and Kansas and Kentucky in 2022. These ballot measures provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. In Kansas, for example, the state Supreme Court ruled that the state's Bill of Rights provided a state constitutional right to abortion. "We see these initiatives as fighting back against activist state courts and neutralizing the state constitutions on the issue," said Billy Valentine, vice president of Susan B. Anthony Pro-Life America.[2] In Louisiana, voters approved the amendment. In Kansas and Kentucky, voters rejected the amendments.
In 2023, voters in Ohio approved a citizen-initiated constitutional amendment, titled Issue 1, to provide a state constitutional right to "make and carry out one’s own reproductive decisions, including but not limited to" decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy.[4]
In 2024, voters decided on 11 abortion-related ballot measures—the most on record for a single year. Ten were designed to provide state constitutional rights to abortion. Voters approved seven of them in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada, while three ballot measures were defeated in Florida, Nebraska, and South Dakota. One, in Nebraska, to limit the timeframe for when an abortion can be performed was approved. "
The Democratic Congressional Campaign Committee (DCCC) issued a memo in April 2024 saying the right-to-abortion measures guarantee "that reproductive freedom will remain a driving issue for voters this November," and that "House Republicans’ extremism will cost them in states with abortion ballot initiatives."[5] Nathaniel Rakich, senior editor and elections analyst at FiveThirtyEight, described this idea: "Proponents of this theory often make the 'reverse coattails' argument: that abortion-rights ballot measures increase turnout among liberal voters, who will vote for Democratic candidates elsewhere on the ballot while they're at it." He also said, "[T]he data on whether these abortion-rights ballot measures goosed turnout is inconclusive."[6]
James Blair, the political director for Trump's 2024 campaign, said, "In many ways, the ballot initiatives, one could argue, are favorable to Republicans because it allows a voter to exercise their judgments on abortion policy and their state on the one hand while exercising judgment on who should serve as president [on the other]."[7] Samara Klar, Professor of Government and Public Policy at the University of Arizona, made a similar observation following the presidential election, "Without abortion on the ballot, you’d have to channel your support for reproductive rights through candidate choice. But by having it on the ballot, you could split. You could say, ‘I’m voting for Trump – and I’m voting for abortion (rights).’"[8]
Timeline
The following graph shows the number of abortion-related ballot measures per year since 1970:
List of state ballot measures by year
The following table provides a list of abortion-related ballot measures from 1970 to 2024:
List of state ballot measures by topic
The following sections provide lists of abortion-related ballot measures based on proposed policies or topics since 1970.
| Abortion-related ballot measures by topic and outcome, 1970 - 2024 | |||||
| Topic | Total | Approved | Approved (%) | Defeated | Defeated (%) |
|---|---|---|---|---|---|
| Campaigns described as pro-choice/pro-reproductive rights | 21 | 15 | 71.4% | 6 | 28.6% |
| Constitutional rights | 14 | 11 | 78.6% | 3 | 21.4% |
| Laws to expand abortion | 6 | 4 | 66.7% | 2 | 33.3% |
| Allow public funding[10] | 2 | 1 | 50.0% | 1 | 50.0% |
| Campaigns described as pro-life[11] | 44 | 12 | 27.3% | 32 | 72.7% |
| Constitutional interpretation | 8 | 4 | 50.0% | 4 | 50.0% |
| Personhood amendments | 6 | 0 | 0.0% | 6 | 100.0% |
| Laws to regulate abortion | 10 | 1 | 10.0% | 9 | 90.0% |
| Prohibit public funding[11] | 11 | 3 | 27.3% | 8 | 72.7% |
| Parental notification | 9 | 4 | 44.4% | 5 | 55.6% |
| Practitioner requirements | 2 | 0 | 0.0% | 2 | 100.0% |
Constitutional rights
The topic constitutional rights addresses ballot measures that establish a state constitutional right to abortion. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.
Constitutional interpretation
The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Kansas | 2022 | No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.03% | 58.97% | |
| Kentucky | 2022 | No State Constitutional Right to Abortion Amendment | 47.65% | 52.35% | |
| Louisiana | 2020 | Amendment 1: No Right to Abortion in Constitution Amendment | 62.06% | 37.94% | |
| Alabama | 2018 | Amendment 2: State Abortion Policy Amendment | 59.01% | 40.99% | |
| West Virginia | 2018 | Amendment 1: No Right to Abortion in Constitution Measure | 51.73% | 48.27% | |
| Tennessee | 2014 | Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 52.60% | 47.40% | |
| Florida | 2012 | Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment | 44.90% | 55.10% | |
| Massachusetts | 1986 | Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment | 41.83% | 58.17% |
Personhood amendments
The topic personhood amendments addresses ballot measures that define legal personhood as beginning at a period prior to birth, such as at conception or fertilization, or ballot measures that provide a constitutional right to life prior to birth. Campaigns that support these measures often describe themselves as pro-life.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Colorado | 2014 | Amendment 67: Definition of Person Initiative | 35.13% | 64.87% | |
| North Dakota | 2014 | Measure 1: Right to Life of Humans at Any Stage of Development Amendment | 35.87% | 64.13% | |
| Mississippi | 2011 | Initiative 26: Definition of Person Amendment | 42.37% | 57.63% | |
| Colorado | 2010 | Initiative 62: Definition of Person Amendment | 29.47% | 70.53% | |
| Colorado | 2008 | Initiative 48: Definition of Person Amendment | 26.79% | 73.21% | |
| Rhode Island | 1986 | Question 14: Constitutional Right to Life and Abortion Prohibited Amendment | 34.19% | 65.81% |
Laws to expand abortion
The topic laws to expand abortion addresses ballot measures that legalize abortion in state law, extend the timeline for when an abortion can be performed, or expand the types of procedures that can be utilized. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Maryland | 1992 | Question 6: Changes to Abortion Law Referendum | 61.74% | 38.26% | |
| Washington | 1991 | Initiative 120: Abortion Legal to Fetal Viability Measure | 50.14% | 49.86% | |
| Nevada | 1990 | Question 7: Abortion Legal to 24 Weeks Statute Referendum | 63.47% | 36.53% | |
| Michigan | 1972 | Proposal B: Abortion Legalization to 20 Weeks Initiative | 39.35% | 60.65% | |
| North Dakota | 1972 | Measure 1: Abortion Legalization to 20 Weeks Initiative | 23.41% | 76.59% | |
| Washington | 1970 | Referendum 20: Abortion Legalization to Four Months Measure | 56.49% | 43.51% |
Laws to regulate abortion
The topic laws to regulate abortion addresses ballot measures that prohibit, restrict, or limit the timeframe for when an abortion can be performed or the types of procedures that can be utilized. Campaigns that support these measures often describe themselves as pro-life.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Nebraska | 2024 | Nebraska Initiative 434, Prohibit Abortions After the First Trimester Amendment | 54.94% | 45.06% | |
| Colorado | 2020 | Proposition 115: 22-Week Abortion Ban Initiative | 41.01% | 58.99% | |
| South Dakota | 2008 | Initiative 11: Abortion Ban Measure | 44.79% | 55.21% | |
| South Dakota | 2006 | Referendum 6: Abortion Ban Measure | 44.43% | 55.57% | |
| Maine | 1999 | Question 1: “Partial-Birth Abortion Ban Act” Initiative | 44.42% | 55.58% | |
| Colorado | 1998 | Initiative 11: "Partial-Birth Abortion Ban Act" Initiative | 48.52% | 51.48% | |
| Washington | 1998 | Initiative 694: "Partial-Birth Abortion Ban Act" Measure | 42.85% | 57.15% | |
| Wyoming | 1994 | Initiative 1: Abortion Ban Measure | 39.94% | 60.06% | |
| Arizona | 1992 | Proposition 110: Abortion Ban and Prohibit Public Funds Initiative | 31.46% | 68.54% | |
| Oregon | 1990 | Oregon Measure 8: Abortion Ban Initiative | 32.26% | 67.74% |
Allow public funding
The topic allow public funding addresses ballot measures that allow the state government to use public funds to cover abortion procedures. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Colorado | 2024 | Right to Abortion and Health Insurance Coverage Initiative | N/A | N/A | |
| Colorado | 1988 | Initiative 7: Repeal Ban on Public Funds for Abortions Measure | 39.76% | 60.24% |
Prohibit public funding
The topic prohibit public funding addresses ballot measures that prohibit the state government from using public funds to cover abortion procedures. Campaigns that support these measures often describe themselves as pro-life.
Parental notification
The topic parental notification addresses ballot measures that require parental notification before a legal minor can receive an abortion. Campaigns that support these measures often describe themselves as pro-life.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Montana | 2012 | LR-120: Parental Notification of Abortion Measure | 70.55% | 29.45% | |
| Alaska | 2010 | Measure 2: Parental Notification of Abortion Initiative | 55.06% | 43.94% | |
| California | 2008 | Proposition 4: Parental Notification of Abortion Initiative | 48.04% | 51.96% | |
| California | 2006 | Proposition 85: Parental Notification of Abortion Initiative | 45.81% | 54.19% | |
| Oregon | 2006 | Measure 43: Parental Notification of Abortion Initiative | 45.24% | 54.76% | |
| California | 2005 | Proposition 73: Parental Notification of Abortion Initiative | 47.29% | 52.71% | |
| Florida | 2004 | Amendment 1: Parental Notification of Abortion Measure | 64.67% | 35.33% | |
| Colorado | 1998 | Initiative 12: Parental Notification of Abortion Measure | 54.87% | 45.13% | |
| Oregon | 1990 | Measure 10: Parental Notification of Abortion Initiative | 47.88% | 52.12% |
Practitioner requirements
The topic practitioner requirements addresses ballot measures that require healthcare practitioners, such as physicians or others authorized to perform abortions, to take specific actions. Campaigns that support these measures often describe themselves as pro-life.
| State | Year | Measure | Yes | No | Outcome |
|---|---|---|---|---|---|
| Montana | 2022 | LR-131: Medical Care Requirements for Born-Alive Infants Measure | 47.45% | 52.55% | |
| Colorado | 2000 | Initiative 25: Physicians to Communicate Certain Information on Abortion, Waiting Period, and Written Consent Measure | 39.44% | 60.56% |
See also
Footnotes
- ↑ U.S. Supreme Court, "Dobbs v. Jackson Women’s Health Organization," June 24, 2022
- ↑ 2.0 2.1 Axios, "Fight for abortion rights moves to state ballots," April 24, 2022
- ↑ Office of California Governor, "Following Draft SCOTUS Opinion, Legislative Leaders and Governor Newsom Announce Constitutional Amendment to Enshrine the Right to Choose in California," May 2, 2022
- ↑ NBC News, "Ohio voters enshrine abortion rights in state constitution," November 7, 2023
- ↑ Democratic Congressional Campaign Committee, "Interested Parties Memorandum: House Republicans’ Extremism Will Cost Them in States With Abortion Ballot Initiatives," April 5, 2024
- ↑ ABC News, "Abortion-rights ballot measures may not help Democrats as much as they think," July 30, 2024
- ↑ Washington Post, "Inside the Trump campaign’s ground game," October 4, 2024
- ↑ Arizona Daily Independent, "Voters Backed Abortion Ballot Measures But Not The Candidate Who Supported Them," November 7, 2024
- ↑ Note: Florida Amendment 4 needed to receive a 60% vote to be approved.
- ↑ Note: Ballotpedia classified Colorado Amendment 79 (2024) as related to two topics for the purposes of this chart; the total number of campaigns described as pro-choice ballot measures is 21.
- ↑ 11.0 11.1 Note: Ballotpedia classified two ballot measures, Arizona Proposition 110 (1992) and Florida Amendment 6 (2012), as related to two topics for the purposes of this chart; the total number of campaigns described as pro-life ballot measures is 44.
- ↑ Note: Florida Amendment 4 needed to receive a 60% vote to be approved.
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