Florida Amendment 4, Right to Abortion Initiative (2024)

Florida Amendment 4
Election date November 5, 2024
Topic Abortion
Status On the ballot
Type Constitutional amendment	Origin Citizens

Florida Amendment 4, the Right to Abortion Initiative, is on the ballot in Florida as an initiated constitutional amendment on November 5, 2024.

A "yes" vote supports establishing a constitutional right to abortion before fetal viability.

A "no" vote opposes establishing a constitutional right to abortion before fetal viability.

Overview

What would the initiative do?

See also: Text of measure

The initiative would provide a constitutional right to abortion before fetal viability (estimated to be around 24 weeks) or when necessary to protect the patient's health, as determined by the patient's healthcare provider.^[1]

The following language would be added to the state constitution: "Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider."^[1]

The initiative would not change the state legislature's authority to enact a law requiring the parents of a minor to be notified if their child is seeking an abortion, with exceptions that can be attained through a judicial waiver.^[2]

Who is behind the campaigns surrounding the initiative?

See also: Support and Opposition

Floridians Protecting Freedom, which describes itself as "a statewide campaign of allied organizations and concerned citizens working together to protect Floridians’ access to reproductive health care and defend the right to bodily autonomy," sponsored the initiative. The campaign said, "All Floridians deserve the freedom to make personal medical decisions, free of government intrusion," and that "there are so many reasons why someone may make the deeply personal decision to have an abortion – maybe their birth control failed, or they were a victim of rape or incest, or carrying a pregnancy would endanger their lives. Politicians shouldn’t be allowed to interfere in this personal decision or to prevent nurses and doctors from treating their patients." Supporters of the initiative include the ACLU of Florida, Planned Parenthood, Florida Women's Freedom Coalition, Florida Rising, SEIU 1199 Florida, and Women's Voices of Southwest Florida.^[3]

Florida Voters Against Extremism is leading the campaign in opposition to the initiative. Other opponents include the Florida Conference of Catholic Bishops, Florida Family Policy Council, Susan B. Anthony Pro-Life America, Florida Family Action, the Florida Republican Party, and Florida Governor Ron DeSantis (R). Florida Voters Against Extremism said the initiative "does not require an actual medical doctor to determine if an abortion is necessary to protect the mother’s health or if the fetus is viable, but instead allows any 'health care provider' to make these decisions. Under Florida law, 'health care providers' is not limited to doctors so even employees of abortion clinics who are not doctors would be able to approve late-term abortions." FVAE also said the initiative would "[eliminate] the current law that requires parental consent for their minor daughter to have an abortion" and "would allow abortion right up to the moment of birth, including when a baby is capable of feeling pain with no protections for the unborn baby."^[4]

How does this initiative fit into the abortion ballot measure landscape?

See also: Background

In June 2022, the U.S. Supreme Court ruled in Dobbs. v. Jackson Women's Health Organization that there is no federal constitutional right to abortion and overturned Roe. v. Wade, effectively returning abortion policy decisions to the states. Since 2022, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, California in 2022, and Ohio in 2023— were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana— were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated. In 2024, voters in Maryland will decide on a constitutional amendment to create a right to abortion and voters in New York will decide on a constitutional amendment to prohibit the denial of rights to an individual based on their "ethnicity, national origin, age, [and] disability," as well as their "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."

What is the status and history of abortion in Florida?

See also: Background

On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban took effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.^[5]

In 2012, voters rejected an amendment limiting public funds for abortions, and in 2004, they approved parental notification for minors seeking abortions.

Commentary regarding the initiative's potential impact on 2024 elections

See also: Presidential election in Florida, 2024

The following quotes showcase the opinions and predictions of the initiative's potential impact on the election from Democratic campaign leaders, Republican consultants, legislators, Governor Ron DeSantis (R), presidential candidate Donald Trump (R), and others.

The Democratic Congressional Campaign Committee (DCCC) spokesperson Lauryn Fanguen said, "This is a serious blow for anti-abortion extremists Anna Paulina Luna and María Elvira Salazar. There’s no question that when abortion rights are on the ballot, Democrats, Republicans, and Independents alike turn out to vote to protect their freedoms."[6] Fentrice Driskell (D-67), Democratic minority leader in the Florida House of Representatives said, "I do believe [House seats] are winnable [for Democrats]. I already believed they were winnable, but I think the ballot initiative really helps us. ... The mere fact that the initiative’s on the ballot is not enough, but it does give us a lane to talk to voters about issues that matter to them."[6] Amy Littlefield, reproductive healthcare correspondent for The Nation, wrote, "Not only is Florida the last bastion of abortion access in the Southeast, it’s a state with the third highest number of electoral votes and a memorable record of swinging presidential elections."[7] Julie Chavez-Rodriguez, campaign manager for President Joe Biden's re-election campaign, after the state supreme court overturned the right to abortion and allowing a six-week abortion ban to take effect, said, "As we’ve seen in election after election, protecting abortion rights is mobilizing a diverse and growing segment of voters to help buoy Democrats up and down the ballot. With an abortion amendment officially on the ballot this November in Florida, President Biden and Vice President Harris and their commitment to fighting back against Donald Trump and Rick Scott’s attacks on reproductive freedom will help mobilize and expand the electorate in the state, given the overwhelming majority of Floridians support abortion rights."[8][9] David Jolly, former Republican congressman from Tampa, said, "The ballot initiative is a game-changer. It’s opened a lane for Biden, and one he has to explore."[10] Presidential candidate Donald Trump (R) said, "Florida is probably maybe going to change also. See, it's all what-- it's the will of the people. This is what I've been saying. It's a perfect system. So for 52 years, people have wanted to end Roe v Wade to get it back to the states. We did that. It was an incredible thing, an incredible achievement. We did that. And now the states have it, and the states are putting out what they want. It's the will of the people. So Florida's probably going to change. Arizona is going to definitely change. Everybody wants that to happen. And you're getting the will of the people. It's been pretty amazing."[11] Florida Gov. Ron DeSantis (R) said, "[Joe Biden] is coming down to try to support a constitutional amendment that wil mandate abortion up until the moment of birth, that will eliminate parental consent for minors, and that's written in a way that's intentionally designed to deceive voters. So all I can tell you is Floridians are not buying what Joe Biden is selling and in November we're going to play an instrumental role in sending him back to Delaware where he belongs."[12] Steve Schale, who ran former President Barack Obama’s campaign in Florida in 2008 and 2023, and who is working for a PAC supporting Biden, said, “Until [a ballot initiative] does change an election, I’m not convinced one will. This could be the one that my whole theory is blown up on.”[10] Republican consultant Mac Stipanovich said, "Support for the ballot initiative may narrow the margin of Biden’s loss, but it is more likely to get the 60% of the vote required to pass than he is to get 50%-plus-one." Stipanovich said one question is whether the amendment will bring out voters who will vote in favor of the amendment and vote against Trump. Stipanovich said, "If the ballot initiative really rings the bell [and gets], say, 65%, then maybe. Biden winning Florida would not be a unicorn, but it definitely would be a black swan."[10] Peter Feaman, Florida’s Republican Party national committeeman, said, “This is going to cause us to have to work harder. There’s no question about it."[13] Brett Doster, president of Front Line Strategies Inc. and a conservative consultant, said, "If they start pumping massive money in [Florida] because head-to-head [the presidential election] looks close, I could see the constitutional amendments mattering. But [Democrats are] in really, really deep water right now."[8] Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia Center for Politics, said, "The Presidential race is what’s driving turnout. Besides, you’re going to have some Republican voters voting ‘yes’ on these things, and some Democratic voters voting ‘no.’"[8]

Text of measure

Ballot title

The ballot title is as follows:^[1]

“

Amendment to Limit Government Interference with Abortion[14]

”

Ballot summary

The proposed ballot summary is as follows:^[1]

“

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion. [14]

”

Constitutional changes

See also: Article I, Florida Constitution

The ballot initiative would add a new section to Article I of the Florida Constitution. The following underlined text would be added:^[1]

Limiting government interference with abortion.— Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. [14]

Support

Floridians Protecting Freedom is leading the campaign in support of the initiative.^[15]

Supporters

Officials

• President of the United States Joe Biden (D)
• U.S. Rep. Frederica S. Wilson (D)
• State Sen. Lauren Book (D)
• State Sen. Jason Pizzo (D)

Unions

• SEIU 1199 Florida

Organizations

• ACLU of Florida
• Faith in Public Life Action
• Florida Rising
• Florida Women's Freedom Coalition
• League of Women Voters of Florida
• Men4Choice
• Planned Parenthood of Southwest and Central Florida
• The Fairness Project
• Women's Voices of Southwest Florida

Arguments

Opposition

Florida Voters Against Extremism is leading the campaign in opposition to the initiative.^[16]

Opponents

Officials

• Florida Gov. Ron DeSantis (R)
• Attorney General Ashley B. Moody (R)

Political Parties

• Republican Party of Florida

Organizations

• Florida Conference of Catholic Bishops
• Florida Family Action, Inc.
• Florida Family Policy Council
• Florida Right to Life
• National Center for Life and Liberty
• Susan B. Anthony Pro-Life America

Arguments

Campaign finance

See also: Campaign finance requirements for Florida ballot measures

Floridians Protecting Freedom is sponsoring the initiative. The campaign reported $19.97 million in contributions. Various branches of Planned Parenthood contributed a total of $4.32 million.^[17]

Florida Voters Against Extremism registered to oppose the initiative. The campaign reported $75,640 in contributions. The Florida Conference of Catholic Bishops contributed 93% of the donations to the opposition committee.^[17]

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$17,918,218.36	$2,059,999.38	$19,978,217.74	$17,843,999.21	$19,903,998.59
Oppose	$30,640.00	$45,000.00	$75,640.00	$28,004.79	$73,004.79

Support

The following table includes contribution and expenditure totals for the committee in support of the initiative.^[17]

Committees in support of Amendment 4
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Floridians Protecting Freedom	$17,918,218.36	$2,059,999.38	$19,978,217.74	$17,843,999.21	$19,903,998.59
Total	$17,918,218.36	$2,059,999.38	$19,978,217.74	$17,843,999.21	$19,903,998.59

Donors

Following are donors who contributed more than $1 million to the committee.^[17]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Marsha Laufer	$2,103,250.20	$0.00	$2,103,250.20
Planned Parenthood of South, East, and North Florida	$1,230,134.22	$344,788.95	$1,574,923.17
Planned Parenthood Action Fund	$1,402,500.00	$5,390.81	$1,407,890.81
American Civil Liberties Union	$1,213,195.50	$18,127.29	$1,231,322.79
Planned Parenthood of Southwest and Central Florida	$1,110,000.00	$116,113.49	$1,226,113.49

Opposition

The following table includes contribution and expenditure totals for the committee in support of the initiative.^[17]

Committees in opposition to Amendment 4
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Florida Voters Against Extremism	$30,640.00	$45,000.00	$75,640.00	$28,004.79	$73,004.79
Total	$30,640.00	$45,000.00	$75,640.00	$28,004.79	$73,004.79

Donors

Following are donors who contributed more than $5,000 to the committee.^[17]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Florida Conference of Catholic Bishops	$25,000.00	$45,000.00	$70,000.00
Florida Family Action, Inc.	$5,000.00	$0.00	$5,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: 2024 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Florida Amendment 4, Right to Abortion Initiative (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

USA Today/Ipsos	4/5/2024-4/7/2024	1014 RV	± 4.1%	57%	36%	6%
	Question: "If there is a ballot measures in Florida to decide abortion rights, would you vote for or against making abortion legal up until fetal viability, which is at about 24 weeks?"

Emerson College Polling	4/9/2024-4/10/2024	1000 RV	± 3.00%	42%	25%	32%
	Question: "This November, a ballot measure will appear to provide a constitutional right to abortion before fetal viability. Would you vote yes or no on this measure?"

University of North Florida	11/6/2023-11/26/2023	716 RV	± 4.37%	62%	29%	9%
	Question: "An amendment has been proposed to the Florida Constitution that states, “no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.” If the measure appears on the Florida ballot in 2024, will you vote yes or no on this amendment?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

See also: Dobbs v. Jackson Women’s Health Organization

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.^[18]

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

Roe v. Wade (1973)

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."^[19]

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.^[19]

Status of abortion in Florida

This section outlines the changes in laws related to abortion from 2004 to 2023. The events are listed in reverse chronological order with the most recent appearing first.

• On April 1, 2024, the Florida Supreme Court ruled that the constitution's right to privacy does not include the right to abortion, overturning a previous decision by the court in 1989 finding that the privacy clause did include a right to abortion. The ruling allowed the state's 15-week abortion ban, passed by the legislature in 2022, to take effect. In 2023, the legislature passed another bill, known as the Heartbeat Protection Act, to ban abortion at six weeks, which was contingent on the state supreme court overturning its prior ruling and allowing the 15-week ban to take effect. The six-week ban will take effect on May 1. Before 2022, abortions were legal in Florida until 24 weeks.

• On April 13, 2023, Florida Governor Ron DeSantis (R) signed Senate Bill 300, the Heartbeat Protection Act, which was designed to prohibit abortions once a fetal heartbeat is detectible, generally around six weeks into pregnancy. The new bill banning abortions after six weeks was set to take effect 30 days after the Florida Supreme Court rules on the 15-week abortion ban case.^[20]

• On January 23, 2023, the Florida Supreme Court agreed to hear arguments in Planned Parenthood of Southwest and Central Florida, et al. v. State of Florida, et al., a case brought by Florida abortion providers challenging the constitutionality of House Bill 5. The 15-week abortion ban law has remained in effect pending the state supreme court ruling.^[21]

• On April 15, 2022, Florida Governor Ron DeSantis (R) signed House Bill 5, which created a ban on abortions after 15 weeks. Prior to the law taking effect in July 2022, abortions were legal in Florida until 24 weeks.^[21]

• In 2012, Florida voters rejected an amendment placed on the ballot by the state legislature that would have prohibited the state from spending public funds for abortions or health insurance that includes abortion coverage. Exceptions would have been made for (a) when a physician determined that physical conditions placed the woman at risk of death unless an abortion was performed; (b) when a pregnancy resulted from rape or incest; or (c) when federal law required the spending. The amendment would have also added language to the Florida Constitution stating that the state constitution could not be interpreted to "create broader rights to an abortion" than the U.S. Constitution.

• In 2004, Florida voters approved a constitutional amendment referred to them by the state legislature that authorized the Florida State Legislature to enact a law requiring that the parents of a minor must be notified before the minor receives an abortion. It provides exceptions to parental notification through a judicial waiver process. It was approved with 65% of voters in favor and 35% opposed.

Abortion regulations by state

See also: Abortion regulations by state

As of May 17, 2024, 41 states restricted abortions after a certain point in pregnancy.^[22] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

• Fourteen states restrict abortion after conception
• Three states restricts abortion at six weeks post-fertilization
• Two states restrict abortion at 12 weeks post-fertilization
• One state restricts abortion at 15 weeks post-fertilization
• One state restricts abortion at 18 weeks since the last menstrual period
• Four states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
• Four states restrict abortion at 24 weeks since the last menstrual period
• Eleven states restrict abortion at fetal viability
• One state restricts abortion in the third trimester

The map and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.^[23]
2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.^[24][25]
3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."^[26]
4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.^[24]
5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.^[27]
6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.^[27]

State abortion restrictions based on stage of pregnancy
State	Does the state restrict abortion after a specific point in pregnancy?	Threshold for restriction
Alabama	Yes	Conception
Alaska	No	None
Arizona	Yes	15 weeks since last menstrual period[28]
Arkansas	Yes	Conception
California	Yes	Fetal viability
Colorado	No	None
Connecticut	Yes	Fetal viability
Delaware	Yes	Fetal viability
Florida	Yes	Six weeks post-fertilization
Georgia	Yes	Six weeks post-fertilization
Hawaii	Yes	Fetal viability
Idaho	Yes	Conception
Illinois	Yes	Fetal viability
Indiana	Yes	Conception
Iowa	Yes	20 weeks post-fertilization
Kansas	Yes	20 weeks since last menstrual period
Kentucky	Yes	Conception
Louisiana	Yes	Conception
Maine	Yes	Fetal viability
Maryland	No	None
Massachusetts	Yes	24 weeks post-fertilization
Michigan	No	None
Minnesota	No	None
Mississippi	Yes	Conception
Missouri	Yes	Conception
Montana	Yes	Fetal viability
Nebraska	Yes	12 weeks post-fertilization
Nevada	Yes	24 weeks post-fertilization
New Hampshire	Yes	24 weeks since last menstrual period
New Jersey	No	None
New Mexico	No	None
New York	Yes	Fetal viability
North Carolina	Yes	12 weeks post-fertilization
North Dakota	Yes	Conception
Ohio	Yes	20 weeks post-fertilization
Oklahoma	Yes	Conception
Oregon	No	None
Pennsylvania	Yes	24 weeks since last menstrual period
Rhode Island	Yes	Fetal viability
South Carolina	Yes	Six weeks post-fertilization
South Dakota	Yes	Conception
Tennessee	Yes	Conception
Texas	Yes	Conception
Utah	Yes	18 weeks since last menstrual period
Vermont	No	None
Virginia	Yes	Third trimester since last menstrual period
Washington	Yes	Fetal viability
Washington, D.C.	No	None
West Virginia	Yes	Conception
Wisconsin	Yes	20 weeks post-fertilization
Wyoming	Yes	Fetal viability
Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed November 25, 2022; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed November 25, 2022; The Fuller Project, "How major abortion laws compare, state by state," accessed November 25, 2022

History of abortion ballot measures

See also: History of abortion ballot measures

In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.

From 1970 to November 2022, there were 53 abortion-related ballot measures, and 43 (81%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 10 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved seven (70%) and rejected three (30%).

Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.

The following graph shows the number of abortion-related ballot measures per year since 1970:

State constitutional rights and abortion-related ballot measures

Constitutional rights

The topic constitutional rights addresses ballot measures that establish a state constitutional right to abortion. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.

State	Year	Measure	Yes	No	Outcome
Florida	2024	Amendment 4, Right to Abortion Initiative	N/A	N/A	N/A
Maryland	2024	Right to Reproductive Freedom Amendment	N/A	N/A	N/A
New York	2024	Equal Protection of Law Amendment	N/A	N/A	N/A
Ohio	2023	Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative	56.78%	43.22%	a
California	2022	Proposition 1: Right to Reproductive Freedom Amendment	66.88%	33.12%	a
Michigan	2022	Proposal 3: Right to Reproductive Freedom Initiative	56.66%	43.34%	a
Vermont	2022	Proposal 5: Right to Personal Reproductive Autonomy Amendment	76.77%	23.23%	a

Constitutional interpretation

The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.

State	Year	Measure	Yes	No	Outcome
Kansas	2022	No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.03%	58.97%	d
Kentucky	2022	No State Constitutional Right to Abortion Amendment	47.65%	52.35%	d
Louisiana	2020	Amendment 1: No Right to Abortion in Constitution Amendment	62.06%	37.94%	a
Alabama	2018	Amendment 2: State Abortion Policy Amendment	59.01%	40.99%	a
West Virginia	2018	Amendment 1: No Right to Abortion in Constitution Measure	51.73%	48.27%	a
Tennessee	2014	Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	52.60%	47.40%	a
Florida	2012	Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment	44.90%	55.10%	d
Massachusetts	1986	Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.83%	58.17%	d

Path to the ballot

See also: Laws governing the initiative process in Florida

The state process

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state's 28 congressional districts. Signatures remain valid until February 1 of an even-numbered year.^[29] Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state's congressional districts (222,898 signatures for 2024 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially invalid under the United States Constitution."^[30]

The requirements to get an initiative certified for the 2024 ballot:

• Signatures: 891,523 valid signatures
• Deadline: The deadline for signature verification was February 1, 2024. As election officials have 30 days to check signatures, petitions should be submitted at least one month before the verification deadline.

In Florida, proponents of an initiative file signatures with local elections supervisors, who are responsible for verifying signatures. Supervisors are permitted to use random sampling if the process can estimate the number of valid signatures with 99.5% accuracy. Enough signatures are considered valid if the random sample estimates that at least 115% of the required number of signatures are valid.

Details about the initiative

• The organization Floridians Protecting Freedom, Inc. filed the ballot initiative, which was approved for signature gathering on May 8, 2023.^[1]
• As of September 1, 2023, the Florida Division of Elections reported that the campaign had submitted 297,586 valid signatures, qualifying the initiative for a review by the Florida Supreme Court.^[31]
• The Division of Elections determined that the initiative qualified for the ballot on January 5, 2024, and that sponsors had submitted 996,512 valid signatures.^[1]

Florida Supreme Court Review

In Florida, once proponents submit 25% of the required number of signatures for an initiative, the attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially invalid under the United States Constitution."^[32]

On October 31, 2023, Florida Attorney General Ashley B. Moody filed a brief with the Florida Supreme Court arguing that the initiative should be blocked from appearing on the 2024 ballot. Moody argued that "The ballot summary vastly understates the potentially sweeping scope of the amendment, by failing to explain what 'viability,' 'health,' or 'healthcare provider' means, and by not disclosing that a 'healthcare provider' might have power to determine when a baby is viable," and that "the potential misinterpretations of the amendment would allow a healthcare provider to render nearly any abortion restriction a practical nullity."^[33]

Briefs opposing the challenge were filed by initiative sponsors Floridians Protecting Freedom and supporters of the measure including the American College of Obstetricians and Gynecologists, Florida doctors, and former Florida Republican legislators.^[34]

February 7 hearing:

The Florida Supreme Court heard arguments in the case on February 7, 2024.^[35]

Chairman Mat Staver of Liberty Counsel, which describes itself as a "litigation, education, and policy organization dedicated to advancing religious freedom and the sanctity of life," said, "The state of Florida through the Legislature, through the executive and also through the courts will have no ability to protect women or regulate any aspect of abortion. It is a free-for-all. It’s total deregulation of abortion, which is frankly deceptive.”^[36]

Courtney Brewer, lawyer for Floridians Protecting Freedom, said, "The language of the summary and the amendment are clear and unambiguous. Florida voters will be able to understand that and I am confident based on the court’s questioning today that they understand that as well."^[36]

Chief Justice Carlos Muñiz said, "The people of Florida aren’t stupid — they can figure things out. People can see for themselves whether it’s too broad or vague."^[37]

Justice Charles Canady said, "It seems like to me all these things need to be argued about in the political process, because otherwise it’s a restriction on the substance of what can be proposed. We’re not given the power in the constitution to impose such a restriction."^[38]

Justice John Couriel said, "You’re saying this is a wolf. And a wolf it may be, but it seems our job is to say whether it’s a wolf in sheep’s clothing. That’s all we get to do. This may be as sweeping as you say, it may be that it wipes away all regulation of abortion. … We may find that very persuasive from the standpoint of whether or not to vote in favor of the amendment. But … the question before us is, is this hiding a ball in some meaningful way, or can voters look at this and say, that’s sweeping and we shouldn’t approve this?"^[38]

How to cast a vote

See also: Voting in Florida

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Florida.

How to cast a vote in Florida

Poll times In Florida, all polls are open from 7:00 a.m. to 7:00 p.m. An individual who is in line at the time polls close must be allowed to vote. Florida is split between Eastern and Central time zones.[39] Registration Check your voter registration status here. To vote in Florida, one must be at least 18 years of age, a citizen of the United States, and a legal resident of Florida and the county in which he or she intends to vote. Pre-registration is available beginning at 16 years of age.[40][41] Voters may retrieve registration applications at the following locations:[40] Local elections offices Public assistance agencies Disability services agencies Independent living centers Military recruitment offices Public libraries A registration form is also available online. The form can be printed and submitted via mail.[41] Automatic registration Florida does not practice automatic voter registration. Online registration See also: Online voter registration Florida has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Florida does not allow same-day voter registration. Residency requirements To register to vote in Florida, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Florida does not require proof of citizenship for voter registration. Verifying your registration The page Voter Information Lookup, run by the Florida Department of State, allows residents to check their voter registration status online. Voter ID requirements Florida requires voters to present photo identification with a signature while voting.[42][43] The following list of accepted ID was current as of April 2023. Click here for the Florida Secretary of State's page on accepted ID to ensure you have the most current information. Florida driver’s license Florida identification card issued by the Department of Highway Safety and Motor Vehicles United States passport Debit or credit card Military identification Student identification Retirement center identification Neighborhood association identification Public assistance identification Veteran health identification card issued by the United States Department of Veterans Affairs License to carry a concealed weapon or firearm issued pursuant to s. 790.06 Employee identification card issued by any branch, department, agency, or entity of the federal government, the state, a county, or a municipality A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature.

See also

2024 measures 2024 ballot measures Abortion on the ballot Constitutional rights on the ballot 2024 legislative sessions

Florida Florida ballot measures Florida ballot measure laws

News and analysis Ballot measure lawsuits Ballot measure readability Ballot measure polls

External links

• Initiative 23-07

Footnotes

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