With a right-to-abortion initiative in Montana, 9 states will vote on abortion-related ballot measures in Nov.—the most for a single year

Nine statewide ballot measures related to abortion have been certified in Arizona, Colorado, Florida, Maryland, Missouri, Montana, New York, Nevada, and South Dakota for the general election ballot in 2024. This is the most on record for a single year.

Montana is the most recent state to add an abortion measure to the ballot. The secretary of state’s office announced on Aug. 20 that Montanans Securing Reproductive Rights had submitted enough valid signatures for CI-128 to appear on the ballot. The group turned in about 117,000 signatures in June. To qualify for the ballot, 60,359 needed to be valid. The secretary of state’s office found that around 81,000 of the submitted signatures were valid, therefore qualifying the initiative for the ballot.

Montana CI-128 would add a provision to the state constitution providing that “there is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion.” The government would be permitted to regulate abortion after fetal viability, except “to protect the life or health of the pregnant patient.” This right could not be denied or burdened unless justified by a compelling government interest achieved by the least restrictive means. The amendment would prohibit the government from penalizing, prosecuting, or taking any adverse action against a person based on their pregnancy outcomes nor against any person who aids or assists another person in obtaining an abortion.

Abortion in Montana is currently legal until fetal viability. Parental notification is required for abortions performed on minors. In 2012, voters approved LR-120 with 70.55% of voters in favor and 29.45% opposed. The measure, referred to the ballot by the state legislature, which required notification of a parent or legal guardian of a pregnant minor under 16 years old at least 48 hours before performing an abortion.

In 2013, the Montana State Legislature passed a law requiring parental consent for abortions performed on minors, though the law was blocked from taking effect amid litigation. In February 2023, a state court ruled that the parental consent law violated the state constitution’s right to privacy. On August 14, 2024, the Montana Supreme Court affirmed the lower court’s ruling that the parental consent law was unconstitutional.

In Armstrong v. State (1999), the Montana Supreme Court held that Section 10 of Article II of the Montana Constitution provided women with a right to procreative autonomy, including an abortion before fetal viability. Section 10 reads, “The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.”

In 2022, there were six ballot measures addressing abortion — the most on record for a single year before 2024. Measures creating constitutional rights to abortion were approved in California, Michigan, and Vermont. Measures providing that the state constitution does not provide for a right to abortion were defeated in Kansas and Kentucky. Montana voters rejected a measure in 2022, which was referred to the ballot by the state legislature, that would have considered infants born alive at any stage of development as legal persons and required medical care to be provided to them if they were born alive after an induced labor, a cesarean section, an attempted abortion, or another method to receive medical care.

The most recent vote on an abortion-related ballot measure was Ohio Issue 1 of 2023, which voters approved. Issue 1 provided a state constitutional right to “make and carry out one’s own reproductive decisions,” including decisions about abortion, contraception, and other reproductive matters.

Between 1970 and November 2023, there were 54 ballot measures related to abortion. Of these, 43 measures (80%) were backed by organizations identifying as pro-life. Voters approved 11 of these (26%) and rejected 32 (74%). The remaining 11 measures were supported by organizations identifying as pro-choice or pro-reproductive rights. Voters approved 8 of these (73%) and rejected 3 (27%).