Topline
Voters in three states—including swing-state Michigan—decisively passed ballot measures Tuesday that would explicitly protect abortion rights, while two conservative-leaning states rejected attempts to restrict abortion providers, a set of resounding wins for abortion rights supporters in the wake of the Supreme Court overturning Roe v. Wade.
Voters in five states considered abortion-related ballot measures in the midterms.
Key Facts
Michigan (Abortion Rights Measure Passes): Voters approved amending the state Constitution to explicitly protect reproductive rights, including abortion, ensuring the state’s pre-Roe abortion ban cannot go back into effect—the measure passed 56.66%-43.34% with virtually all votes counted, according to Associated Press data.
California (Abortion Rights Measure Passes): Voters approved a ballot measure that explicitly protects abortion and contraceptive rights in the state Constitution, enshrining abortion rights in the state and opening the door for them to possibly be expanded further, as yes votes led 64.93%-35.07% Thursday afternoon with just under half of all ballots counted.
Vermont (Abortion Rights Measure Passes): Voters in Vermont also approved a ballot measure that amends the state Constitution to protect abortion rights and “ensure that every Vermonter is afforded personal reproductive liberty,” making certain abortion will remain legal in the state regardless of which party controls it, with 77.1% of voters approving of the initiative after more than 60% of ballots were counted Thursday.
Kentucky (Anti-Abortion Rights Measure Fails): Voters rejected a ballot measure that would have amended the state Constitution to explicitly state it does not protect abortion rights, giving abortion rights advocates an opening to challenge abortion bans in state court, with 52.37% of voters opposing the initiative.
Montana (Anti-Abortion Rights Measure Fails): Voters rejected a narrower ballot measure to expand rights for infants who are “born alive” after failed abortions, which would have allowed healthcare workers to face punishments if they don’t give them proper medical treatment, as no votes led yes votes 52.55% to 47.45% with more than 90% of ballots counted Thursday afternoon.
Key Background
Abortion ballot measures took on new urgency in the wake of the Supreme Court ruling in June to overturn Roe v. Wade, which led to a wave of state-level bans on the procedure. Outrage over the ruling has sparked support for putting abortion on the ballot, with Michigan’s measure attracting a record number of signatures in support of it going on the ballot and Kansas’ ballot measure that could have restricted abortion rights failing in a landslide vote despite the state’s conservative tilt. Polling has shown Americans are broadly in favor of abortion remaining legal and opposed to abortion bans—even in states where the procedure has been outlawed—making ballot measures a popular way for abortion rights advocates to capitalize on public support and circumvent anti-abortion rights lawmakers. Beyond the ballot initiatives, Democratic strategists have hoped more broadly that the Supreme Court’s ruling and abortion as a political issue would fire up their base and motivate them to go to the polls, though more recent polling has suggested voters’ interest in the issue has been somewhat waning.
What We Don’t Know
What states could be next to put abortion on the ballot. The Washington Post reports abortion rights advocates in such states as Ohio, Florida, Arizona, Oklahoma, Colorado and Missouri are weighing whether to move forward with ballot measures in 2024 that would protect abortion rights.
Further Reading
Here’s Where Abortion Rights Are On The Ballot In The Midterms (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2022/11/10/abortion-rights-supporters-win-all-5-state-ballot-measures-including-in-kentucky-and-michigan/