People at an election night watch party react after an abortion rights amendment to the Missouri constitution passed, on Nov. 5, in Kansas City, Mo.Charlie Riedel/The Associated Press
Ballot measures enshrining abortion rights into state constitutions passed or are expected to succeed in at least five of the 10 states with ballot initiatives aimed at restoring reproductive freedoms, as votes continue to be counted.
Voters in Missouri and Colorado voted on measures that enshrine abortion rights into their constitutions, while a measure aimed at bolstering abortion rights passed in New York. Ballot measures in Maryland and Arizona appeared likely to pass. A ballot measure that would have entrenched abortion rights in Florida’s constitution failed.
Voters had the opportunity to decide on nearly 150 ballot measures on questions ranging from voting procedures to legalizing marijuana. But reproductive rights emerged as a major issue for voters, and a liability for Republicans. This election, there were more reproductive-rights measures on the ballot than ever before.
Following the Supreme Court decision to overturn Roe v. Wade in 2022, nearly half of U.S. states have severely restricted or outright banned access to abortion. The consequences have been dire for American women and teens, with some dying as a result of not receiving critical maternal care.
After Roe was overturned, citizens and legislators galvanized around the issue and, this election, there were 11 measures related to reproductive rights on the ballot in 10 states: Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada, New York and South Dakota. Nebraska is the only state to have a countermeasure on the ballot, which would enshrine the state’s current ban on abortions after 12 weeks into its constitution. It includes exceptions for cases of medical emergencies, rape and incest.
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Kelly Hall, the executive director of the Fairness Project, which focuses on passing progressive ballot measures in red and purple states, said getting the issue on ballots across the country is an impressive feat.
“There’s just so much outrage over the erosion of reproductive rights that activists in so many states have simultaneously said ‘We can’t wait on politicians, we have to take this into our own hands.’”
During the 2022 midterms, there were five ballot measures related to abortion access. Those in favour were approved in California, Michigan and Vermont, while measures on restricting abortion access in Kentucky and Montana were defeated. During primary elections, Kansas held a vote related to abortion which was defeated. The fact that these measures were defeated was considered a win for abortion rights. And 2023, voters in Ohio decided in favour of a ballot measure to enshrine abortion rights into the state constitution.
“Every time we put abortion on the ballot, abortion wins,” Ms. Hall said.
This election, she had expected either all, or the majority of, reproductive ballot measures to pass, saying people are tired of it being a “political issue decided in politicians’ offices rather than with patients and doctors in doctors’ offices.”
“It’s hard to overstate the significance of this moment. It’s the first general election in the United States since the fall of Roe. … It’s not just to send a message to politicians, it’s to actually restore abortion access in Florida, in Missouri, in Nebraska, in Arizona, and the list goes on.
“These ballot measures have enormous consequences for the people who live in those states. And for those who live in neighbouring states and need to seek care closer to home.”
Access to abortion doesn’t depend entirely on ballot measures because policies can change and there could be changes depending on which politicians get elected.
Caroline Woods is a spokesperson for the Life Defense Fund, an organization in South Dakota that’s been campaigning against the ballot measure in that state. She described Amendment G as one that would legalize abortion during the entirety of a pregnancy, would strip parental rights and put women’s health in danger.
“We’re focused on educating the public on the extreme nature of Amendment G and the grave dangers it poses to women and children in our state.”
The wording of Amendment G indicates that, if adopted, no regulations could be imposed on a woman seeking an abortion in the first trimester, but that abortions in the second trimester must be related to the “physical health of the pregnant woman.” Third-trimester abortions could be prohibited except in cases where necessary to save the life or health of the pregnant woman.
Chris Melody Fields Figueredo, executive director of the Ballot Initiative Strategy Center, said ballot measures give people the opportunity to vote on an issue regardless of whether the party they support is in favour of the policy.
Ms. Fields spoke with The Globe and Mail from Florida where she was encouraging people to “vote yes” on Amendment Four, which would have reversed the state’s ban on abortion after six weeks. Unlike other ballot measures, which require a majority of votes to pass, Florida requires 60 per cent or more of the vote. Florida’s government had tried to stop the ballot measure from proceeding.
The measures proposed varied for each state. In Colorado, for instance, in addition to guaranteeing a right to an abortion, the ballot measure proposes using public funds for abortion.
Nebraska is the only state that has both a pro-reproductive-rights measure and an anti-abortion initiative on the ballot. Ms. Fields said the countermeasure is done to intentionally confuse voters.
With reports from the Associated Press