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Conservatives swept the election. How did abortion measures do at the ballot?

With abortion rights on the ballot in 10 states, broader protections prevailed in seven but lost in three 鈥 Florida, Nebraska, and South Dakota.

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Charlie Riedel/ AP
People at a election night watch party react after an abortion rights amendment to the Missouri constitution passed on Nov. 5, 2024, in Kansas City, Missouri.

Voters in Missouri cleared the way to undo one of the nation鈥檚 most restrictive abortion bans in one of seven victories for abortion rights advocates, while Florida, Nebraska, and South Dakota defeated similar constitutional amendments, leaving bans in place.

Abortion rights amendments also passed in Arizona, Colorado, Maryland, and Montana. Nevada voters also approved an amendment, but they鈥檒l need to pass it again it 2026 for it to take effect. Another that bans discrimination on the basis of 鈥減regnancy outcomes鈥 prevailed in New York.

The results include firsts for the abortion landscape, which underwent a seismic shift in 2022 when the United States Supreme Court overturned Roe v. Wade, a ruling that ended a nationwide right to abortion and cleared the way for bans to take effect in most Republican-controlled states.

They also came in the same election that Republican Donald Trump won the presidency. Among his inconsistent positions on abortion has been an insistence that it鈥檚 an issue best left to the states. Still, the president can have a major impact on abortion policy through executive action.

In the meantime, Missouri is positioned to be the first state where a vote will undo a ban on abortion at all stages of pregnancy, with an amendment that would allow lawmakers to restrict abortions only past the point of a fetus鈥 viability 鈥 usually considered after 21 weeks, although there鈥檚 no exact defined time frame.

But the ban, and other restrictive laws, are not automatically repealed. Advocates now have to ask courts to overturn laws to square with the new amendment.

鈥淭oday, Missourians made history and sent a clear message: decisions around pregnancy, including abortion, birth control, and miscarriage care are personal and private and should be left up to patients and their families, not politicians,鈥 Rachel Sweet, campaign manager of Missourians for Constitutional Freedom, said in a statement.

Roughly half of Missouri鈥檚 voters said abortion should be legal in all or most cases, according to AP VoteCast, a survey of more than 2,200 of the state鈥檚 voters. But only about 1 in 10 said abortion should be illegal in all cases; nearly 4 in 10 said abortion should be illegal in most cases.

Bans remain in place in three states after votes

Florida, Nebraska, and South Dakota became the first states since Roe was overturned where abortion opponents prevailed on a ballot measure. Most voters supported the Florida measure, but it fell short of the required 60% to pass constitutional amendments in the state. Most states require a simple majority.

The result was a political win for Gov. Ron DeSantis, a Republican with a national profile, who had steered state GOP funds to the cause. His administration has weighed in, too, with a campaign against the measure, investigators questioning people who signed petitions to add it to the ballot, and threats to TV stations that aired one commercial supporting it.

Marjorie Dannenfelser, president of the national anti-abortion group SBA Pro-Life America, said in a statement that the result is 鈥渁 momentous victory for life in Florida and for our entire country,鈥 praising Mr. DeSantis for leading the charge against the measure.

The defeat makes permanent a shift in the Southern abortion landscape that began when the state鈥檚 six-week ban took effect in May. That removed Florida as a destination for abortion for many women from nearby states with deeper bans and also led to far more women from the state traveling to obtain abortion. The nearest states with looser restrictions are North Carolina and Virginia 鈥 hundreds of miles away.

鈥淭he reality is because of Florida鈥檚 constitution a minority of Florida voters have decided Amendment 4 will not be adopted,鈥 said Lauren Brenzel, campaign director for the Yes on 4 Campaign said while wiping away tears. 鈥淭he reality is a majority of Floridians just voted to end Florida鈥檚 abortion ban.鈥

In South Dakota, another state with a ban on abortion throughout pregnancy with some exceptions, the defeat of an abortion measure was more decisive. It would have allowed some regulations related to the health of the woman after 12 weeks. Because of that wrinkle, most national abortion-rights groups did not support it.

Voters in Nebraska adopted a measure that allows more abortion restrictions and enshrines the state鈥檚 current 12-week ban and rejected a competing measure that would have ensured abortion rights.

Other states guaranteed abortion rights

Arizona鈥檚 amendment will mean replacing the current law that bans abortion after the first 15 weeks of pregnancy. The new measure ensures abortion access until viability. A ballot measure there gained momentum after a state Supreme Court ruling in April found that the state could enforce a strict abortion ban adopted in 1864. Some GOP lawmakers joined with Democrats to repeal the law before it could be enforced.

In Maryland, the abortion rights amendment is a legal change that won鈥檛 make an immediate difference to abortion access in a state that already allows it.

It鈥檚 a similar situation in Montana, where abortion is already legal until viability.

The Colorado measure exceeded the 55% of support required to pass. Besides enshrining access, it also undoes an earlier amendment that barred using state and local government funding for abortion, opening the possibility of state Medicaid and government employee insurance plans covering care.

A New York equal rights law that abortion rights group say will bolster abortion rights also passed. It doesn鈥檛 contain the word 鈥渁bortion鈥 but rather bans discrimination on the basis of 鈥減regnancy outcomes, and reproductive healthcare and autonomy.鈥 Sasha Ahuja, campaign director of New Yorkers for Equal Rights, called the result 鈥渁 monumental victory for all New Yorkers鈥 and a vote against opponents who she says used misleading parental rights and anti-trans messages to thwart the measure.

The results end a win streak for abortion-rights advocates

Until Nov. 5, abortion rights advocates had prevailed on all seven measures that have appeared on statewide ballots since the fall of Roe.

The abortion rights campaigns have a big fundraising advantage this year. Their opponents鈥 efforts are focused on portraying the amendments as too extreme rather than abortion as immoral.

Currently, 13 states are enforcing bans at all stages of pregnancy, with some exceptions. Four more bar abortion in most cases after about six weeks of pregnancy 鈥 before women often realize they鈥檙e pregnant. Despite the bans, the number of monthly abortions in the U.S. has risen slightly, because of the growing use of abortion pills and organized efforts to help women travel for abortion. Still, advocates say the bans have reduced access, especially for lower-income and minority residents of the states with bans.

The issue is resonating with voters. About one-fourth said abortion policy was the single most important factor for their vote, according to AP VoteCast, a sweeping survey of more than 110,000 voters nationwide. Close to half said it was an important factor, but not the most important. Just over 1 in 10 said it was a minor factor.

The outcomes of ballot initiatives that sought to overturn strict abortion bans in Florida and Missouri were very important to a majority of voters in the states. More than half of Florida voters identified the result of the amendment as very important, while roughly 6 in 10 of Missouri鈥檚 voters said the same, the survey found.

This story was reported by The Associated Press. AP reporters Hannah Fingerhut and Amanda Seitz contributed to this report.

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