Which states will decide abortion rights on the ballot?
- A measure in Ohio would make it harder to change the state's constitution
- If passed, it could block attempts to protect abortion access in November
- Several other states have proposed their own protections or restrictions
(NewsNation) — Ohio is one of several states where a ballot measure could protect abortion access, but a Republican-led effort that would make it harder to amend the state’s constitution could get in the way.
A special election in Ohio Tuesday is giving voters the option to raise the voting threshold to change the state constitution from a simple majority to 60%. That could complicate Democrats’ attempts to constitutionally uphold abortion access on the upcoming November ballot.
According to exit polls last year in Ohio, 58% of people said abortion should be legal.
Ohio is one of three states with ballot measures to protect abortion access and the only one this year — thought it’s possible for a handful of states to introduce similar efforts between now and then. New York and Maryland’s ballot initiatives won’t go before voters until Nov. 2024.
Pennsylvania, Florida, Iowa, Missouri, Nebraska and South Dakota are all considering proposed but not-yet-certified ballot measures that would either protect or restrict abortion access.
Ohio
There are two efforts in the spotlight in Ohio – one to amend the state’s constitution to protect abortion rights, and another to make it harder to change the state’s constitution.
Voters took to the polls Tuesday to address the latter, listed on the ballot as Issue 1.
Those calling for abortion rights protections say Tuesday’s measure is a direct attempt to block voters from enshrining abortion access in November. Those in favor of Issue 1, however, say it limits the influence of special interest groups and lobbyists seeking to amend the state’s constitution, NewsNation’s partner The Hill reported.
If the measure passes, more than 60% of voters would need to cast ballots in favor of changing the state’s constitution to protect abortion rights in November. That’s instead of the simple majority that acts as the current threshold. Polling has shown that about 58% of Ohio voters support protecting abortion access.
The amendment Ohioans will address in November would provide a state constitutional right to “make and carry out one’s own reproductive decisions.” That would include decisions about abortion, contraception, fertility treatment and miscarriage care.
Maryland
The Maryland Right to Reproductive Freedom Amendment will go before voters on Nov. 5, 2024. If it passes, the right to reproductive freedom would be added to the state’s Declaration of Rights.
The addition would protect a person’s right to make “decisions to prevent, continue, or end one’s own pregnancy.”
Maryland currently bans abortion at fetal viability, or about 24–26 weeks of pregnancy.
New York
The New York Equal Protection of Law Amendment would add language to the state’s constitution, barring the denial of rights based on “ethnicity, national origin, age, and disability.”
It also prohibits denial of rights based on “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
It’s expected to appear on the Nov. 5, 2024 ballot.
Like Maryland, New York bans abortions at the point of fetal viability. Both states also have laws to shield abortion providers from investigations by other states, according to the reproductive rights advocacy nonprofit the Guttmacher Institute.
Other proposals
Pennsylvania, Florida, Iowa, Missouri, Nebraska and South Dakota are also home to abortion-related measures that could end up on the ballot later this year or in 2024 but so far, haven’t been certified.
In Pennsylvania, the No State Constitutional Right to Abortion Amendment would block “the right to any taxpayer-funded abortion or any other right related to abortion.”
Legislators hope to have the measure on the ballot later this year, though it’s already faced opposition.
Last year, Pennsylvania’s Democratic Gov. Tom Wolf sued the state general assembly, saying the proposed amendment violated peoples’ right to privacy. The suit was dismissed in April.
Iowa and Nebraska are also trying to get abortion restrictions on the ballot by 2024.
Iowa’s proposed amendment aims would “not recognize, grant, or secure a right to abortion or require the public funding of abortion,” while Nebraska’s would “ban surgical and pharmaceutical abortions except when necessary to save the life of the mother.”
Alternatively, Florida, Missouri and South Dakota are trying to protect reproductive decisions involving pregnancy, abortion, prenatal and postpartum care, and birth control.
South Dakota’s amendment would allow abortion regulations or bans after the end of the second trimester unless it’s necessary for the pregnant person’s physical or emotional health.
If certified, those issues would appear on each respective state’s ballot in 2024.