The abortion ballot initiatives that could soon be going before voters

Across the country, voters could be considering various abortion-related ballot initiatives, each of which could affect the legality of abortion. Live Action News has aggregated them all.

Key Takeaways:

• There are currently 10 ballot initiatives regarding abortion in the United States.

• Six would protect and expand access to abortion.

• Four would protect preborn children from abortion.

The Details:

With the fall of Roe v. Wade, individual states were again permitted to make their own laws regarding abortion, rather than being federally mandated to allow abortion through viability.

In 2022, the Supreme Court's Dobbs v. Jackson Women's Health Organization decision officially overturned Roe v. Wade, which was enacted in 1973. Since then, some states have placed laws in place protecting preborn children from abortion, while others have put strict abortion protections in place.

There are multiple ballot initiatives under consideration in 2026; some of them would further protect abortion, while others would ensure preborn children remain protected from it.

Colorado

The Colorado General Assembly is considering the Repeal Constitutional Right to Abortion measure; if passed, it would appear on the ballot in November. Voters would then be able to decide whether or not to overturn the 2024 provision that made abortion a constitutional right in the state.

Florida

In 2028, Florida voters might have the opportunity to decide the Florida Prohibition on Abortions Amendment. If approved, preborn children would be protected from all abortions in the state.

Idaho

In one of the most pro-life states in the country, Idaho voters will take to the polls this year to decide the Reproductive Freedom and Privacy Act Initiative. If passed, the Idaho code would be amended to read that "[e]very person has the right to reproductive freedom and privacy," and to "make personal decisions about reproductive health care that directly impacts the person's own body."

Included as "personal decisions" are

• abortion;

• childbirth care;

• contraception;

• fertility treatment;

• miscarriage care; and

• prenatal, pregnancy, and postpartum care.

There are numerous issues with this ballot initiative, which was presented by a pro-abortion group.

Missouri

An upcoming ballot initiative in Missouri would, if passed, overturn the pro-abortion Amendment 3, passed in 2024. Should Missourians vote yes, the state would:

• repeal the constitutional right to abortion;

• ban abortions except in cases of "medical emergency, fetal anomaly, rape, or incest," and permit abortions in cases of rape or incest only through 12 weeks of gestation;

• ban gender transition surgeries for minors, as well as the prescription or administration of cross-sex hormones or puberty-blocking drugs to minors, with an exception for treatments "unrelated to the purpose of a gender transition," along with other changes.

Montana

Though it is a long shot, there is a possibility that Montana legislators could consider a measure which would define personhood as occurring at the moment of fertilization. A constitutional amendment was previously passed in 2024, enshrining abortion as a right in the state constitution.

Republicans have argued that voters did not fully understand the initiative. Two-thirds of lawmakers must agree before a measure appears on a ballot, and this measure fell nine votes short. However, because the vote was so close, there is a decent chance it could be revived.

Nebraska

Nebraska voters may have the chance to decide on an abortion-related amendment. The Nebraska Establish Personhood of Preborn Children Amendment would state that "preborn child is a person at every stage of development, beginning at fertilization" in the state constitution.

Nevada

Voters will decide on Question 6 in November, which seeks to create a constitutional right to abortion in the state of Nevada. In Nevada, initiated constitutional amendments can only be approved in two even-numbered election years. As Question 6 was approved in 2024, a second vote will therefore be held on November 3, 2026, which, if approved again, would finalize and approve the amendment.

North Carolina

House Bill 1232 is making its way through the legislature, and would declare that “human life begins at the moment of fertilization.”

The bill has created nationwide controversy, however, as it also states that “[a]ny person has the right to defend his or her own life or the life of another person, even by the use of deadly force if necessary, from willful destruction by another person.”

If passed, the bill would be placed on the November ballot for voters to decide.

Oregon

A potential ballot measure could be on the way, as signatures are currently being gathered for a new initiative. The amendment would explicitly state "that the state constitution’s equality language prohibits discrimination on the basis of gender identity, pregnancy, and sexual orientation, and protects contraception, abortion, same-sex marriage, and gender-affirming care. "

Virginia

The Virginia Right to Reproductive Freedom Amendment will be on the ballot in November for voters to decide. The extreme amendment would create the "right to reproductive freedom," which is defined as "the ability to make and carry out decisions relating to one’s own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care.”

The Bottom Line:

Since the overturn of Roe v. Wade, pro-abortion amendments at the state level have largely proven successful as a way to ensure abortion is legal at any time for any reason. More extreme than Roe itself, these amendments have led to the deaths of countless innocent human beings, and similar amendments are in the works.