Abortion on Ballot in 10 States in November Election

More than two years after the U.S. Supreme Court overturned Roe v. Wade, the abortion issue will be on the ballot in 10 states during the November general election.

The high court in June 2022 upheld a Mississippi law that bans abortion after 15 weeks of pregnancy. The justices overturned Roe v. Wade deciding the Constitution does not enshrine a right to an abortion, and that the issue legally belongs with the states.

Democrats believe the upcoming state ballot measures will help turn out voters who will vote for Democrat candidates, including Kamala Harris.

Polling data indicates Americans still oppose abortion on demand and want restrictions.

A Gallup poll in July found that 50% of Americans said abortion should be legal "only under certain circumstances."

The survey also found that Americans reject abortion after the first trimester of pregnancy, with only 37% saying it should be legal in second trimester and just 22% for the third. Gallup found that "majorities oppose legal abortion in the second (55%) and third (70%) trimesters."

These are the 10 states with their specific ballot initiatives:

• Arizona: The state Supreme Court in April upheld an 1864 territorial law that banned and criminalized almost all abortions. The state Senate repealed the law in May. A ballot proposal would enshrine the right to abortion in the state's constitution.
• Colorado: The state statutorily protected abortion in 1967, five years before Roe originally was decided. A proposition passed in 1984 to restrict the use of health insurance and Medicaid for abortion. A ballot initiative would enshrine the right to abortion in the state constitution and would allow health insurance coverage of an abortion.
• Florida: The state Supreme Court in April upheld a 15-week ban on abortion by ruling the state's constitution does not protect abortion rights. A six-week ban is slated to take effect May 1. A ballot initiative would codify in the state constitution a right to abortion until "viability."
• Maryland: Since 1992, the state has allowed abortion until viability and after viability if the life or health of the mother is at risk, or if the fetus isn't viable. A ballot initiative would add the right to an abortion to the state constitution's Declaration of Rights section.
• Missouri: The state has a near-total ban on abortion, with exceptions only for life endangerment and medical emergencies, that went into effect after Roe was overturned. A ballot measure would legalize abortion up to fetal viability with exceptions later in pregnancy to protect the life or physical or mental health of the mother. It also states patients and providers cannot be prosecuted for abortion.
• Montana: The state has abortion protections in the state constitution under the right to privacy. A ballot measure would affirm in the state constitution the "right to make and carry out decisions about one's own pregnancy, including the right to abortion."
• Nebraska: The state has a 12-week abortion ban. There are two ballot initiatives: One proposes a constitutional amendment to protect a right to abortion until "fetal viability." Another would ban abortions after the first trimester, with exceptions for rape, incest, and medical emergencies.
• Nevada: The state law allows abortion up to 24 weeks of pregnancy and after 24 weeks when a doctor has "reasonable cause" to believe it is "necessary to preserve the life or health of the pregnant person." A ballot initiative would protect abortion access up to fetal viability, or later to protect the life or health of the patient.
• New York: Abortion is legal up to 24 weeks of pregnancy. A ballot measure would protect against discrimination for pregnancy and pregnancy outcomes and would protect against government action that could limit reproductive care.
• South Dakota: The state banned all abortions unless it's necessary to save a patient's life. A ballot measure would establish a right to abortion in the state's constitution.