Voters in 25 U.S. states can't back abortion in citizen-led ballot measures
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Voters in half of U.S. states aren't able to support abortion access in direct-democracy ballot measures because their states lack the process for citizen-led initiatives.
Why it matters: Voters have backed abortion rights via such measures in the two years since the overruling of Roe v. Wade.
- Citizen-initiated constitutional amendments have been used since the 2022 Dobbs decision "to allow voters to garner signatures to place abortion on the ballot without directly involving the legislature or the governor," per KFF, a nonprofit health organization.
Between the lines: State constitutional amendments can better protect abortion rights than state laws or state Supreme Court decisions, according to KFF.
- Otherwise, a state legislature or court can overrule existing laws or previous decisions.
- Republican legislative efforts to restrict citizen initiatives, in some cases, came in response to specific measures they opposed like abortion rights, the AP reported.
The big picture: Since the U.S. Supreme Court overturned Roe v. Wade — upending 50 years of federally protected abortion rights — a patchwork of state laws have regulated access to the procedure.
- Some southern states, including Arizona and Florida, this year enacted strict bans that voters in those states will weigh in on come November.
State of play: Beyond Arizona and Florida, at least other 10 red and blue states, including Maryland, South Dakota and Colorado, green lit or are seeking to approve ballot questions on abortion.
Context: Some state legislatures can add constitutional amendments to the ballot.
- In Minnesota, which doesn't allow citizen-led initiatives, some Democratic lawmakers are seeking to put a constitutional amendment with broad abortion protections on a future ballot. If lawmakers approve it next year, it could be on the ballot in 2026.
Zoom out: A record 32% of U.S. voters said they'd only vote for candidates for major offices if they share their views on abortion, according to a recent Gallup poll.
- In states that don't allow citizen-led measures, the surge in single-issue, "pro-choice" voters could prove significant.
Flashback: Abortion rights were bolstered even in Republican-led states during 2023's off-year elections.
- Ohio became the seventh state to protect abortion rights through a ballot measure, which guaranteed the right to an abortion and other reproductive care until fetal viability.
Go deeper: Where abortion is on the ballot in November
