State Abortion Ballot Measures Return in the 2026 Midterms

Since the Dobbs decision in 2022, voters in 16 states have decided on 18 abortion-related ballot measures. In 2022 and 2023, voters in California, Michigan, Ohio, and Vermont amended their state constitutions to protect the right to abortion, while measures to curtail it failed in Kansas, Kentucky, and Montana. In 2024, results were mixed for the first time, as protective measures passed in Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York but failed in Florida, Nebraska, and South Dakota. Nebraska voters instead approved a competing measure banning abortion after the first trimester. In total, voters have approved 11 of the 14 measures seeking to establish or protect abortion rights and one of the four seeking to restrict abortion. This November, four additional measures are under consideration, with voters in Idaho, Nevada, Missouri, and Virginia set to consider abortion-related measures.

Idaho's Proposition 1 Faces Strict Abortion Ban

Voters in Idaho will decide on Proposition 1, a citizen-initiated measure that would create a statutory right to reproductive freedom and privacy, including decisions about the use of contraception, fertility treatments, childbirth, miscarriage care, and abortion. The measure is noteworthy, as Idaho currently enforces one of the strictest abortion laws in the country, which bans all abortions with limited exceptions to save the pregnant woman's life or in reported cases of rape or incest during the first trimester. The ban, specifically its lack of an exception for the health of the pregnant woman, has been heavily litigated. One case made it all the way to the U.S. Supreme Court in 2024 before being dismissed and returned to the lower courts. Most recently, in a separate case in August, a federal judge found the ban to be unconstitutional because it did not allow abortions to protect a pregnant woman's health or address a risk of self-harm. The litigation is ongoing, but the approval of the ballot measure could significantly affect pending legal challenges. However, because Proposition 1 is a statutory rather than a constitutional amendment, the Idaho Legislature could amend or repeal it after passage, as Idaho places no restrictions on legislative changes to citizen-initiated statutes.

Nevada's Second Vote on Abortion Rights

Nevada voters will also see a citizen-initiated abortion measure on the ballot for the second time since 2024. Uniquely, the state constitution requires citizen-initiated constitutional amendments to pass in two consecutive general elections. In 2024, over 64 percent of voters approved the initiative, which would establish a constitutional right to abortion. Abortion is currently legal in Nevada up to 24 weeks of pregnancy.

Missouri Voters Consider Repealing Abortion Protections

Missouri voters will also see abortion on the ballot for the second consecutive general election, but this time through a legislatively referred measure. In 2024, voters approved a measure to establish abortion rights. The Republican-led General Assembly passed a countermeasure in 2025 that would repeal the previously passed constitutional amendment, reinstate abortion restrictions, and ban gender transition procedures for minors.

Virginia's Path to Constitutional Abortion Rights

Like voters in Missouri, voters in Virginia will also decide on a legislatively referred measure, but from the other side of the issue. The measure has been in development for years since legislatively referred constitutional amendments in Virginia must pass in two successive legislative sessions to appear on the ballot. The Democratic-led General Assembly first passed the proposed amendment in 2025, and again earlier this year. The measure would establish a constitutional right to reproductive freedom, including the ability to make and carry out decisions relating to one's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care. Currently, Virginia law does not explicitly protect or ban abortion access, making the measure notable.

Abortion as a Voter Priority in 2026

Polling from Pew Research Center and KFF Health ahead of the election indicates abortion ranks lower among voters' priorities than in previous elections. Since 2022, the side favoring abortion access has typically prevailed. The results in Idaho, Missouri, Nevada, and Virginia will indicate whether that pattern holds in a cycle where other issues rank higher for voters, including in Missouri, where voters will decide for the first time whether to repeal a recently adopted constitutional amendment protecting abortion rights.

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