2024 US election: Seven states vote to protect abortion rights, efforts fail in Florida and South Dakota

File photo. A group of doctors join abortion rights supporters at a rally in front of the U.S. Supreme Court in Washington, DC, on April 24, 2024; The court declared a temporary victory for abortion rights supporters in Idaho that would allow women to get emergency abortions. the state’s near-total ban.
Photograph: AFP/Andrew Harnik

With Amy O’Kruk, Annette Choi, Lauren Mascarenhas, Kaanita Iyer And Piper Hudspeth BlackburnCNN

The US Supreme Court’s Roe v. More than two years after Wade overturned his case and ended the federal constitutional right to abortion, voters in 10 states voted on whether to include reproductive rights in their state constitutions.

Measures to protect access to abortion in Arizona, Colorado, New York, Maryland, Missouri, Montana and Nevada will be transferred to CNN’s projects. In New York, Colorado and Maryland, where abortion is legal at least to the point of validity, the measures would preserve existing access to abortion. In Missouri, the change would significantly expand access to abortion, which is currently banned with no exceptions for rape and incest. Similarly, in Arizona, the change is expected to lift the state’s ban on abortion starting in the 15th week of pregnancy.

But one florida amendment CNN predicts that protecting abortion rights to the point of validity will fail, with the amendment falling short of the 60 percent voter threshold. The state’s six-week ban will continue.

South Dakota’s ban on abortion, with the exception of saving the mother’s life, will remain in effect because a majority of voters voted against an attempt to legalize abortion during the first and second trimesters of pregnancy.

Voters in Nebraska also weighed in on the issue when they faced dual measures on the ballot: One would override the state’s 12-week abortion ban, which makes exceptions for sexual assault, incest and medical emergencies, and the other would support the restriction.

Since Roe is overturned in 2022, seven states had held referendums on abortion rights before this year. Every measure aimed at protecting access was adopted, but all measures aimed at restricting access failed.

Missouri

Voters in Missouri will approve a measure that would enshrine the right to abortion to the point of being enshrined in the state constitution, CNN projects.

The measure would establish the right to make reproductive care decisions without government interference and protect those seeking or providing care from government discrimination.

The expected victory for reproductive rights advocates would lead to greatly expanded access to abortion in the state, where abortion is currently banned with no exceptions for rape and incest. Doctors believe the viability of the fetus is around 22 to 24 weeks of pregnancy.

south dakota

Voters in South Dakota will reject a measure that would constitutionally guarantee — through regulations — abortion during the first and second trimesters of pregnancy, CNN reports.

Reproductive rights advocates were hopeful that the measure would restore abortion access to pregnant victims of rape or incest who do not have an abortion option under the state’s current laws.

Nevada

Nevada voters will approve a measure in the state constitution that would establish a fundamental right to abortion up to the point of fetus viability, CNN reports. But to change the constitution, Nevada voters would have to reapprove the measure in 2026.

Montana

CNN predicts that voters in Montana will approve a measure to amend the state constitution to protect the right to make decisions about one’s own pregnancy, including the right to have an abortion through fetal viability or when necessary to protect the life or health of the pregnant patient.

Because abortion is currently legal in Montana, this measure would reinforce the 1999 State Supreme Court decision in Montana to support the right to the procedure. Republican Gov. Greg Gianforte defied that precedent in 2023 by signing a law saying access to abortion was no longer protected under the right to privacy in the state constitution.

(jh)Arizona

According to CNN, Arizona voters will approve a measure in the state constitution to protect the right to abortion until the viability of the fetus.

The victory for reproductive rights advocates would expand access to the procedure in the state, which currently bans abortions at the 15th week of pregnancy. Doctors believe the viability of the fetus is around 22 to 24 weeks.

The Arizona Supreme Court voted in April to uphold a Civil War-era abortion ban, sparking national outrage and prompting state lawmakers to repeal the ban before it could go into effect. Abortion rights supporters said the moment was a stark reminder of what could happen if reproductive rights are not enshrined in the state constitution.

colorado

According to CNN, Colorado voters will approve a measure that will protect the right to abortion in the state constitution. While abortion remains legal in the state with no gestation limit, approval of the amendment means public funds can be used for abortions.

This would clear the way for the state to potentially cover abortions under Medicaid and some state employee health insurance plans. Abortion rights supporters say this would go a long way toward expanding access to abortion, especially among low-income individuals.

maryland

Voters in Maryland will approve a measure to enshrine reproductive protections, including the right to terminate a pregnancy, in the state constitution and CNN projects. The procedure is already legal in the state and has no pregnancy limit.

In 2023, Maryland enacted a shield law that protects abortion providers from investigations by other states. While the state’s votes will have little impact on abortion access for its own residents, advocates say it’s important to solidify reproductive freedoms in a state that has become a hotspot for out-of-state patients.

new York

CNN predicts that New York voters will approve a measure that would amend the equal protection clause of the state constitution to state that a person’s rights cannot be denied because of “pregnancy, pregnancy outcomes, and reproductive health and autonomy.”

The amendment survived several legal challenges to be put on the state ballot. It aims to protect against discrimination arising from a variety of factors, including pregnancy outcomes, age, disability, sexual orientation and gender identity. While supporters focused on abortion rights, opponents used the broad nature of the measure to raise concerns about transgender and parental issues.

Florida

A measure to protect abortion rights in Florida to the point of validity will fail, CNN reports. Although the measure is projected to receive a majority vote, it will not meet the 60% voter threshold it must pass.

Both supporters and opponents of abortion rights have campaigned vigorously on the issue. A federal judge recently accused officials of Republican Gov. Ron DeSantis’ administration of trying to violate First Amendment rights in their campaign against the ballot measure.

The Sunshine State once served as a critical access point for patients from Southern states with more restrictive abortion policies.

Nebraska (dueling ballot measures)

The Protect Women and Children initiative would incorporate the current 12-week abortion ban into the state constitution, except in cases of rape, incest and medical emergencies. The initiative will ensure that the right to abortion is included in the state constitution to protect the life or health of the pregnant patient or to the point of viability.

This summer, Nebraska Secretary of State Bob Evnen announced that for the first time in the state’s history, two conflicting petitions had cast the same ballot. Organizers have waged a fierce campaign to impose their own measures on the vote, with each side accusing the other of using misleading tactics.

For a measure to take effect, it must receive a majority of the votes and at least 35 percent of the total votes cast in the election. If both amendments are accepted, the one with the greater number of votes will prevail.

– CNN