October 11, 2024

Reproductive Rights are on the ballot


ARIZONA:

PROPOSITION 139 - Vote YES
Proposed by initiative petition relating to the fundamental right to an abortion.

Official Title

AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY ADDING SECTION 8.1; RELATING TO THE FUNDAMENTAL RIGHT TO AN ABORTION.

Creates a fundamental right to abortion. Limits the state’s ability to interfere with that right before fetal viability. After fetal viability, abortions are allowed when necessary to protect the life or health of the pregnant individual. Prohibits laws penalizing a person for assisting an individual obtaining an abortion. 

The official ballot summary is as follows:

"A "yes" vote shall have the effect of creating a fundamental right to abortion under Arizona’s constitution. The State will not be able to interfere with this fundamental right before fetal viability, unless it has a compelling reason and does so in the least restrictive way possible. Fetal viability means the point in the pregnancy when, in the good-faith judgment of a treating health care professional, the fetus has a significant likelihood of survival outside the uterus. Throughout the pregnancy, both before and after fetal viability, the State will not be able to interfere with the good-faith judgment of a treating health care professional that an abortion is necessary to protect the life or health of the pregnant individual. The State will not be able to penalize any person for aiding or assisting a pregnant individual in exercising the right to an abortion.

A "no" vote shall have the effect of not creating a fundamental right to have an abortion under Arizona’s constitution, will leave in place current laws that restrict abortion before fetal viability, and will allow the State to further restrict or ban abortion in the future."


COLORADO:

AMENDMENT 79 - Vote YES

Official Title

The Right to Abortion and Health Insurance Coverage Initiative

A "yes" vote supports creating a right to abortion in the state constitution and allowing the use of public funds for abortion.

A "no" vote opposes creating a right to abortion in the state constitution and opposes repealing a constitutional provision that bans the use of public funds for abortion.

The ballot for the initiative is as follows:

"Shall there be a change to the Colorado constitution recognizing the right to abortion, and, in connection therewith, prohibiting the state and local governments from denying, impeding, or discriminating against the exercise of that right, allowing abortion to be a covered service under health insurance plans for Colorado state and local government employees and for enrollees in state and local governmental insurance programs?"


FLORIDA:

AMENDMENT 4 - Vote YES
The Right to Abortion Initiative, is on the ballot in Florida as an initiated constitutional amendment on November 5, 2024.

 

Official Title

Amendment to Limit Government Interference with Abortion

A "yes" vote supports adding the following language to the Florida Constitution’s Declaration of Rights: “… no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” Amendment 4 would maintain the current constitutional provision that permits a law requiring parents to be notified before a minor can receive an abortion.

A "no" vote opposes amending the Florida Constitution's Declaration of Rights to provide that the state cannot "... prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider."

The proposed ballot summary is as follows:

"No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion."


MARYLAND:

QUESTION 1 - Vote YES
The Right to Reproductive Freedom Amendment, is on the ballot in Maryland as a legislatively referred constitutional amendment on November 5, 2024.

 

Official Title

Constitutional Amendment (Ch. 245 of the 2023 Legislative Session)

A "yes" vote supports adding a new article to the Maryland Constitution's Declaration of Rights establishing a right to reproductive freedom, defined to include "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy."

A "no" vote opposes amending the state constitution to establish a right to reproductive freedom.

The ballot question is as follows:

"The proposed amendment confirms an individual’s fundamental right to an individual’s own reproductive liberty and provides the State may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling State interest achieved by the least restrictive means."


MISSOURI:

Amendment 3 - Vote YES
The Right to Reproductive Freedom Initiative is on the ballot in Missouri as an initiated constitutional amendment on November 5, 2024.

 

Official Title

Right to Reproductive Freedom Initiative

A "yes" vote supports adding a fundamental right to reproductive freedom, defined to include abortion and “all matters relating to reproductive health care,” to the Missouri Constitution, among other provisions.

A "no" vote opposes adding a fundamental right to reproductive freedom to the Missouri Constitution.


MONTANA:

Proposition CI-128 - Vote YES
The Right to Abortion Initiative, is on the ballot in Montana as an initiated constitutional amendment on November 5, 2024.

 

Official Title

The Right to Abortion Initiative

A "yes" vote supports amending the Montana Constitution to:

  • provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion," and
  • allow the state to regulate abortion after fetal viability, except when "medically indicated to protect the life or health of the pregnant patient."

A "no" vote opposes amending the Montana Constitution to:

  • provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion," and
  • allow the state to regulate abortion after fetal viability, except when "medically indicated to protect the life or health of the pregnant patient."

The ballot title for the measure is as follows:

“CI-128 would amend the Montana Constitution to expressly provide a right to make and carry out decisions about one’s own pregnancy, including the right to abortion. It would prohibit the government from denying or burdening the right to abortion before fetal viability. It would also prohibit the government from denying or burdening access to an abortion when a treating healthcare professional determines it is medically indicated to protect the pregnant patient’s life or health. CI-128 prevents the government from penalizing patients, healthcare providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.”


NEBRASKA:

Initiative 439 - Vote YES
The Right to Abortion Initiative, is on the ballot in Nebraska as an initiated constitutional amendment on November 5, 2024.

 

Official Title

The Right to Abortion Initiative

A "yes" vote supports amending the state constitution to establish a right to abortion until fetal viability.

A "no" vote opposes amending the state constitution to establish a right to abortion until fetal viability.

The object statement on the circulating petition is:

“The object of this petition is to amend the Nebraska Constitution to provide all persons the fundamental right to abortion without interference from the state or its political subdivisions until fetal viability, which is the point in pregnancy when, in the professional judgment of the patient's health care practitioner, there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures; or when needed to protect the life or health of the pregnant patient.”

 

Initiative 434 - Vote NO
The "Prohibit Abortions After the First Trimester Amendment," is on the ballot in Nebraska as an initiated constitutional amendment on November 5, 2024.

 

Official Title

Prohibit Abortions After the First Trimester Amendment

A "yes" vote supports amending the state constitution to prohibit abortions after the first trimester unless necessitated by a medical emergency or the pregnancy is a result of sexual assault or incest.

A "no" vote opposes amending the state constitution to prohibit abortions after the first trimester unless necessitated by a medical emergency or the pregnancy is a result of sexual assault or incest.

The ballot title for Initiative 434 is as follows:

"Shall the Nebraska Constitution be amended to include a new section which provides: 'Except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters?'"

The ballot summary for Initiative 434 is as follows:

"A vote 'FOR' will amend the Nebraska Constitution to provide that, except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters.

A vote 'AGAINST' will not amend the Nebraska Constitution in such manner."


NEVADA:

Question 6 - Vote YES
The Right to Abortion Initiative, is on the ballot in Nevada as an initiated constitutional amendment on November 5, 2024.

 

Official Title

Right to Abortion Initiative

A "yes" vote supports providing for a state constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to "protect the life or health of the pregnant patient."

A "no" vote opposes providing for a state constitutional right to an abortion

The official ballot title is as follows:

“Should the Nevada Constitution be amended to create an individual’s fundamental right to an abortion, without interference by state or local governments, whenever the abortion is performed by a qualified healthcare professional until fetal viability or when necessary to protect the health or life of the pregnant individual at any point during the pregnancy?”


NEW YORK:

Proposal Number One - Vote YES

Official Title

Amendment to Protect Against Unequal Treatment

This proposal would protect against unequal treatment based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy. It also protects against unequal treatment based on reproductive healthcare and autonomy.

A “yes” vote puts these protections in the New York State Constitution.

A “no” vote leaves these protections out of the State Constitution.

This proposal amends Article 1, Section 11 of the New York Constitution. Section 11 now protects against unequal treatment based on race, color, creed, and religion. The proposal will amend the act to also protect against unequal treatment based on ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, as well as reproductive healthcare and autonomy.  The amendment allows laws to prevent or undo past discrimination.


SOUTH DAKOTA:

Constitutional Amendment G - Vote YES
The Right to Abortion Initiative is on the ballot in South Dakota as an initiated constitutional amendment on November 5, 2024.

 

Official Title

An Initiated Amendment Establishing a Right to Abortion in the State Constitution

A "yes" vote supports providing for a state constitutional right to abortion in South Dakota, using a trimester framework for regulation:

  • During the first trimester, the state would be prohibited from regulating a woman's decision to have an abortion;
  • During the second trimester, the state may regulate abortion, but "only in ways that are reasonably related to the physical health of the pregnant woman;" and
  • During the third trimester, the state may regulate or prohibit abortion, except "when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life and health of the pregnant woman."

A "no" vote opposes providing for a state constitutional right to abortion in South Dakota, using a trimester framework for regulation.

"Attorney General Explanation: This initiated amendment establishes a constitutional right to an abortion and provides a legal framework for the regulation of abortion. This framework would override existing laws and regulations concerning abortion.

The amendment establishes that during the first trimester a pregnant woman's decision to obtain an abortion may not be regulated nor may regulations be imposed on the carrying out of an abortion.

In the second trimester, the amendment allows the regulation of a pregnant woman's abortion decision, and the regulation of carrying out an abortion. Any regulation of a pregnant woman's abortion decision, or of an abortion, during the second trimester must be reasonably related to the physical health of the pregnant woman.

In the third trimester, the amendment allows the regulation or prohibition of abortion except in those cases where the abortion is necessary to preserve the life or health of the pregnant woman. Whether an abortion is necessary during the third trimester must be determined by the pregnant woman's physician according to the physician's medical judgment.

Judicial clarification of the amendment may be necessary. The Legislature cannot alter the provisions of a constitutional amendment.

Vote "Yes" to adopt the amendment. Vote "No" to leave the Constitution as it is.”