2024 State Ballot Measure For Constitutional Abortion Right

Abortion-related Ballot Measures are now Certified in: Colorado, Florida, Maryland, New York, and South Dakota.

Signatures for Abortion-related Measures are pending Verification in: Arizona, Arkansas, Missouri, Montana, Nebraska, Nevada, and Pennsylvania.

Recent Events:

Montana: Montanans for Securing Reproductive Rights, is the most recent Campaign to submit Signatures. The Campaign filed roughly 117,000 Signatures on June 21st, of which 60,359 Valid Signatures are required, for an Initiative that would provide a State Constitutional Right-to-Abortion.

County Clerks have until July 19th to Verify the Signatures and Submit them to the Secretary of State's Office.

The Initiative states that "there is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion." The State would be permitted to Regulate Abortion after Fetal Viability, except "to protect the life or health of the pregnant patient."

Abortion is currently Legal in Montana until Fetal Viability. 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.

The Section 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."

Planned Parenthood Advocates of Montana, the ACLU of Montana, Forward Montana, and The Fairness Project Support the Initiative. The Campaign said, "Now is the time to ensure power remains in the hands of the people of Montana, so everyone has the freedom to prevent, continue, or end a pregnancy should they choose."

The Initiative’s Opponents include the Republican Members of the Legislature’s Law and Justice Interim Committee. State Sen. Keith Regier (R-3rd District) said the Initiative is "vague and takes away legal protection from women."

In 2012, Voters approved LR-120 70.55% to 29.45%. The Measure, which the Legislature put on the Ballot, requires Physicians to Notify the Parent or Legal Guardian of a Pregnant Woman under 16 years old at least 48 hours before Performing an Abortion.

In 2022, Montana Voters Rejected LR-131 52.55% to 47.45%. The Measure, which the Legislature put on the Ballot, would have Defined Infants born Alive at any Stage of Development as a Legal Person and required Medical Care to be provided to them if they were Born after: an induced labor, a Cesarean Section, an attempted Abortion, or another method.

In 2023, the Legislature passed a similar Law. Unlike the Ballot Measure, the Bill had reduced Penalties and did Not require Medical Care if Death was Imminent.

New York:

On May 7th, State Supreme Court Justice Daniel J. Doyle, Ruled that the New York Legislature Approved the Amendment before getting a written Opinion from the Attorney General.

The Supreme Court's Appellate Division, Fourth Department, Overturned this Ruling, saying that the Plaintiffs should have filed their Challenge through an Article 78 Proceeding because the Challenge related to the Procedure by which the Amendment was Advanced to the Ballot.

Yet, the Four-month Window to do so had Expired.

On June 18th, a New York State Appellate Court restored the previously Certified New York Equal Protection of Law Amendment to the Ballot for Nov. 5th, 2024.









NYC Wins When Everyone Can Vote! Michael H. Drucker