Why abortion rights won't be on Virginia's ballot this year
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Virginia is one of 25 states where voters can't initiate a ballot measure to guarantee abortion access because the process to do it here doesn't exist.
Why it matters: Since the Supreme Court overturned Roe v. Wade in 2022, voters in states with abortion bans have used citizen-led measures to override restrictions.
- It allows voters to get signatures to "place abortion on the ballot without directly involving the legislature or the governor," per KFF, a nonprofit health organization.
The big picture: Virginia is the only state in the South without a post-Roe abortion ban or waiting period, making it one of the only access points for people in nearby states.
- But while abortion is legal, the right to one is not enshrined in the state constitution.
- To change that, Virginia lawmakers would need to initiate the multiyear process of amending the constitution, which ultimately requires statewide voter approval.
Yes, but: Republicans struck down past Democratic attempts to start that process for being "extreme."
- After regaining a slight majority in November, Democrats vowed to see it through but pushed the proposal to next year's session. The earliest it could be up for a vote is 2026.
Between the lines: Per KFF, state constitutional amendments can better protect abortion rights than state Supreme Court decisions or laws.
- Otherwise, Virginia's legislature or court can overrule them.
Flashback: Some Virginia Republican lawmakers have unsuccessfully tried to enact abortion bans over the years.
- And last year, Republican candidates embraced a 15-week abortion ban backed by Gov. Youngkin in their campaigns.
Zoom out: Beyond Arizona and Florida, at least other 10 red and blue states, including Maryland, South Dakota and Colorado, greenlit or are seeking to approve ballot questions on abortion.
- But it's not an easy route.
- On Wednesday, for example, Arkansas' Secretary of State rejected petitions to add an abortion-rights measure to the ballot in November.
What's next: Virginia Democrats have said abortion rights are central to Democrats winning in November elections.
- And in states that don't allow citizen-led measures like Virginia, the surge in single-issue, "pro-choice" voters could prove significant.
Go deeper: Where abortion rights are on the ballot in November.