Florida's pro-abortion ballot initiative projected to fail

A measure that would have enshrined protections for abortion rights in Florida's state constitution failed to reach the 60% threshold needed to pass, ABC News projects.

Florida has a six-week abortion ban in effect, with exceptions for rape, incest and the life of the mother. If it had been approved, the provision would have allowed abortions to resume in a state that was a key access point for abortion care for women across the South before the state's ban went into effect in April.

The initiative would have amended the state's constitution to add protections for abortion, outlawing legislation that prohibits, penalizes, delays or restricts abortion care before viability or when necessary to protect a patient's health.

This is the first abortion-related ballot initiative to fail since the U.S. Supreme Court overturned Roe v. Wade in 2022.

Voters in six states -- California, Kansas, Kentucky, Montana, Michigan and Vermont -- already upheld abortion rights through ballot initiatives in the 2022 midterm elections.

Fifty-seven percent of voters approved the ballot initiative in Florida, three percentage points short of passing. Florida voted down the initiative even as voters there favor legal abortion by 65%. Among supporters of legal abortion, 14% voted against the amendment, according to preliminary exit poll results.

At least 14 states have ceased nearly all abortion services since Roe v. Wade was overturned. In total, 21 states have restrictions on abortion in effect.

Ballot questions that would protect abortion rights are projected to pass in Arizona, Maryland, Colorado and New York.

Arizona

A ballot initiative projected to be approved by Arizona voters will amend the state constitution to establish a fundamental right to abortion. It also protects access to abortion after fetal viability if a health care provider determines an abortion is needed to protect the life, physical or mental health of the patient, using clinical standards and evidence-based medicine, according to Arizona For Abortion Access, a coalition supporting the amendment.

Arizona currently has a 15-week abortion ban without exceptions for rape or incest. Earlier this year, state lawmakers repealed an 1864 near-total ban on abortion.

The initiative will also prevent the state from penalizing anyone who assists another person in obtaining abortion care. Some states have sought to criminalize the actions of family and friends who help patients access abortion care, including driving a woman to get an abortion or paying for their abortion care.

Colorado

Voters in Colorado are projected to approve a ballot initiative that would add a right to abortion in the state's constitution. The amendment prohibits the government from denying, impeding or discriminating against exercising that right, according to the Colorado secretary of state.

The initiative will also prohibit health insurance from denying coverage for abortion.

The state already protects abortions and state law has established it is a fundamental right. In 2023, Colorado also passed a shield law that prohibits state agencies from cooperating with out-of-state investigations and legal actions stemming from reproductive health care provided in Colorado.

Maryland

A ballot question that would add an article to the Maryland Constitution establishing a right to reproductive freedom is projected to be approved by voters, with 51% of the estimated vote in.

Abortion in Maryland is already legal until viability. After viability, abortions are still permitted in cases of fetal anomalies or if the woman's life or health is endangered.

The ballot initiative will allow people to make decisions surrounding their own pregnancy and the state will be prohibited from directly or indirectly burdening or abridging the right unless justified by "a compelling state interest achieved by the least restrictive means," according to the wording.

The measure was referred to the ballot by the state legislature.

New York

In New York, a ballot measure -- which does not explicitly mention abortion -- amends the state constitution to include anti-discrimination protections for pregnancy, pregnancy outcomes and reproductive health care and autonomy. The measure was introduced by the state legislature.

Abortion is legal up to viability in New York.