The 2024 US elections are shaping up to be some of the most pivotal in recent history, with high stakes across the board—from the presidency to local offices. Among the critical issues at the forefront of voters' minds as we approach November 5, 2024 (Election Day) are abortion access, reproductive freedom, and bodily autonomy.
With the power to shape future abortion laws hanging in the balance, these elections will be a decisive moment for reproductive rights in America.
That’s why we’ve pulled together this guide: From congressional contests to direct ballot initiatives, we’re here to inform you about the candidates and policies that could alter the landscape of abortion rights in the United States.
Not sure if you’re registered to vote, want to request a mail-in ballot, or need to look up your poll site? Hey Jane is offering VoteAmerica tools to help with that, too.
The importance of abortion rights in the 2024 elections
Ever since the conservative-controlled Supreme Court overturned Roe v. Wade (and the constitutionally protected right to access an abortion nationwide), we have experienced unprecedented, unrelenting attacks on accessing essential health care.
Abortion was already threatened under Roe, but since its overturning we’ve seen entire states become care deserts, attempts to restrict access to FDA-approved medication, untold numbers of people forced to travel great distances to get the essential health care that they need, and more.
And it’s not just abortion that has been impacted: From birth control to miscarriage treatment, IVF to gender-affirming care, our most basic reproductive and sexual health freedoms have been targeted.
But while the courts are few, the people are many—and this November’s general election is our moment to take that anger, frustration, and sadness we’ve felt since the end of Roe and turn it into a statement: Reproductive freedom is the will of the people.
Key races that can impact abortion rights in the 2024 election
If you care about abortion access, there are many races this election where your vote matters—from the top of the ticket down to the most local races. Here’s what you need to know when heading to the polls:
President
Where does it matter?
All 50 states will be voting for President in the 2024 general election. The key swing states this election include AZ, GA, MI, MN, NC, NH, NV, PA, and WI.
Why does it matter?
The President of the United States holds significant influence over abortion access in several ways, including through judicial appointments, executive orders, vetoes, and health policy and funding decisions. Through these avenues, the President has a profound impact on the legality, availability, and accessibility of abortion, birth control, IVF, gender-affirming care, miscarriage treatment, and more in the United States.
| Impact |
Details |
| Judicial appointments |
The President has the power to nominate judges to the federal judiciary, including the Supreme Court. These judges can shape abortion law for decades through their rulings on cases that challenge or uphold abortion rights, as seen in the landmark decisions of Roe v. Wade and Dobbs v. Jackson Women's Health Organization.
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| Executive orders and regulations |
The President can issue executive orders and direct federal agencies to enforce or reinterpret existing laws in ways that either expand or restrict access to abortion. For instance, the President could issue executive orders to clarify and expand the application of the Comstock Act in order to restrict the distribution of abortion pills or other abortion-related materials through the mail.
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| Veto power |
The President has the power to veto bills passed by Congress, which could either block or advance abortion-related legislation—such as a federal ban on abortion. |
| Health policy and funding decisions |
The president can influence federal health policies, including those related to reproductive health services. Decisions about funding for Title X family planning programs and other health initiatives can either increase or limit access to abortion services, depending on the administration's priorities. |
U.S. Senator
Where does it matter?
AZ, CA, CT, DE, FL, HI, IN, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, ND, OH, PA, RI, TN, TX, UT, VT, VA, WA, WV, WI, and WY will all be voting for US Senate in the 2024 general election.
Why does it matter?
Senators elected to the U.S. Senate have a significant role in shaping abortion access through its legislative, judicial, and procedural powers. Here’s how the people elected to the Senate can impact abortion rights:
| Impact |
Details |
| Passing or blocking legislation |
The Senate can pass or block legislation that directly impacts abortion access. For example, it could pass laws that protect the right to an abortion nationwide, like the Women’s Health Protection Act, or it could enact restrictions, such as a federal ban on abortion.
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| Judicial confirmations |
The Senate confirms nominees to the Supreme Court, who can make landmark rulings that define or redefine abortion rights. The Senate’s approval or rejection of a nominee can influence the ideological balance of the Court, shaping abortion law for generations.
The Senate also confirms judges to lower federal courts, including district and appellate courts. These judges hear cases that can set precedents on abortion rights, and their rulings often serve as the final word on abortion access in many parts of the country unless the Supreme Court intervenes. |
| Oversight and investigation |
The Senate can conduct hearings and investigations into abortion-related issues, influencing public opinion and putting pressure on agencies and organizations involved in reproductive health. This oversight function can lead to changes in how laws are interpreted and enforced. |
U.S. Representative
Where does it matter?
All 50 states will be voting for the House of Representatives in the 2024 general election.
Why does it matter?
Members of the U.S. House of Representatives play a crucial role in shaping abortion access through their legislative, funding, and oversight powers. Here’s how the House can impact abortion rights:
| Impact |
Details |
| Passing or blocking legislation |
The House can introduce, debate, and pass legislation that directly impacts abortion access. This could include bills that protect the right to abortion nationwide, impose restrictions, or ban certain procedures. |
| Budget and funding |
The House has significant control over federal spending, including funding for programs that impact reproductive health. The House can determine the funding levels for Title X family planning programs, for example, which can influence the availability of reproductive health services, including abortion.
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| VOversight and investigations |
The House has the authority to conduct oversight hearings and investigations into abortion-related issues. This can involve scrutinizing the activities of organizations that provide abortion services, investigating how federal funds are used, or examining the implementation of abortion-related laws.
Just as with the Senate, the impact of the House on abortion access largely depends on which party controls the chamber.
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| Health policy and funding decisions |
The president can influence federal health policies, including those related to reproductive health services. Decisions about funding for Title X family planning programs and other health initiatives can either increase or limit access to abortion services, depending on the administration's priorities. |
Governor
Where does it matter?
DE, IN, MO, MT, NH, NC, ND, UT, VT, WA, and WV will all be voting for Governor in the 2024 general election.
Why does it matter?
A state's Governor has considerable influence over abortion access within their state through various executive, legislative, and administrative powers. Here’s how a Governor can impact abortion rights:
| Impact |
Details |
| Veto power |
Governors have the power to veto bills passed by the state legislature. This means they can block laws that would restrict or expand abortion access. Conversely, they can also sign into law legislation that impacts abortion, whether it’s protective or restrictive.
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| Executive orders |
Governors can issue executive orders to address abortion access directly and, often, immediately. These orders can include protecting access to abortion services, preventing the use of state resources to enforce abortion restrictions, or restricting access in certain ways.
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| State budget and funding decisions* |
Governors play a key role in shaping the state budget, which can include funding for reproductive health services. They can propose budgets that either increase or decrease funding for organizations that provide abortion services or for programs like Medicaid that cover abortion under certain circumstances.
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| Appointment powers |
Governors may be able to appoint judges to state courts, including the state supreme court. These judges can have a significant impact on abortion laws, as state courts often hear challenges to abortion-related legislation and can set important legal precedents.They also appoint heads of state agencies, such as the health department, which oversee the implementation of abortion regulations. These appointees can influence how strictly abortion laws are enforced, how clinics are regulated, and what services are available.
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| Regulatory authority |
Governors can influence how state agencies enforce and interpret laws related to abortion. They can push for stricter regulations that could limit access or advocate for policies that make it easier for clinics to operate.
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| Interstate coordination and legal protections |
In response to restrictive laws in other states, some Governors have taken steps to protect out-of-state residents seeking abortion services in their state. This can include measures to prevent cooperation with other states’ investigations or prosecutions related to abortion.
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| Support or opposition to federal policies |
Governors can influence how federal abortion policies are implemented within their states. They can resist federal policies that conflict with their state’s stance on abortion or work to align state policies with federal guidelines. Governors can also join or lead legal challenges against federal abortion policies, either to block them or to uphold them.
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Attorney General
Where does it matter?
IN, MO, MT, NC, OR, PA, UT, VT, WA, and WV will all be voting for state Attorney General in the 2024 general election.
Why does it matter?
A state's Attorney General (AG) plays a pivotal role in shaping abortion access through legal interpretations and enforcement decisions, making them a key player in the broader debate over reproductive rights. Here's how:
| Impact |
Details |
| Enforcing state laws |
The AG is responsible for enforcing state laws, including those related to abortion. They can choose how aggressively to enforce existing restrictions or protections, impacting the availability of abortion services.
The AG’s office may issue guidance to law enforcement on how to handle cases involving abortion laws, influencing how these laws are applied in practice.
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| Challenging or defending laws |
The AG can defend state abortion laws in court when they are challenged, whether the laws are restrictive or protective. Their defense strategies can influence the outcomes of legal battles over abortion access.
Conversely, the AG can choose not to defend restrictive abortion laws if they believe them to be unconstitutional, potentially leading to those laws being overturned.
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| Issuing legal opinions |
The AG can issue legal opinions that interpret state abortion laws. These opinions can guide how state agencies and local governments apply and enforce abortion regulations, sometimes carrying the weight of law until courts rule otherwise. |
| Initiating or joining legal actions |
The AG can initiate lawsuits to challenge federal or other states’ abortion laws that conflict with their state's policies. This includes joining multi-state lawsuits to protect or restrict abortion access at the national level. They may also participate in amicus briefs to influence court decisions on abortion-related cases, both within their state and nationally.
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State Supreme Court
Where does it matter?
AL, AK, AZ, AR, CO, FL, GA, ID, IL, IN, IO, KY, LA, MD, MI, MN, MS, MO, MT, NE, NV, NM, NC, OH, OK, OR, SD, TN, TX, UT, WA, WV, and WY will all be voting for State Supreme Court in the 2024 general election
Why does it matter?
State courts play a crucial role in shaping abortion access by interpreting and enforcing state laws. Here's how state courts impact abortion rights:
| Impact |
Details |
| Interpreting state laws |
State courts interpret the constitutionality of state abortion laws, deciding whether they comply with the state constitution. Depending on their rulings, courts can block, modify, or uphold laws, directly impacting access to abortion services. Courts can also determine how broadly or narrowly laws are applied, affecting the availability of abortion services.
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| Interpreting state constitutions |
Some state courts have ruled that their state constitution protects the right to abortion, independent of federal rulings, thereby ensuring access even if federal protections are weakened or removed. Conversely, courts can interpret state constitutions as allowing more restrictive abortion laws.
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State Legislature
Where does it matter?
All 50 states will be voting for their state legislature in the 2024 general election.
Why does it matter?
Every state has its own legislature, with individuals elected during general elections. (You may see them on your ballot as a state Senator, state Assemblymember, etc.) A state's legislature plays a central role in determining abortion access through its lawmaking, budgetary, and oversight powers. Here’s how a state legislature can impact abortion rights:
| Impact |
Details |
| Passing legislations |
State legislatures can pass laws that restrict abortion access. This includes gestational age limits (e.g., banning abortions after a certain number of weeks), mandatory waiting periods, parental consent or notification requirements for minors, ultrasound requirements, and informed consent laws. These restrictions can significantly limit when and how individuals can access abortion services.
Conversely, state legislatures can enact laws that protect and expand abortion access, such as codifying the right to abortion into state law, ensuring access to abortion services regardless of federal rulings, passing shield laws that protect providers and out-of-state patients, and removing or preventing restrictive measures.
Legislatures can regulate or restrict the use of telemedicine for prescribing abortion pills, which can impact access, especially in rural areas. They can also pass laws related to the mailing and distribution of medication abortion, potentially expanding or limiting access to these services.
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| Budgetary control |
State legislatures control state budgets and can decide whether to allocate funding for reproductive health services, including those that provide or refer for abortion services. Legislatures can cut funding to clinics that provide abortions or increase funding to expand access. They can also determine whether state Medicaid funds cover abortion services beyond the federally mandated exceptions (rape, incest, and life endangerment), as well as decide how state funds are used to support family planning services that may include abortion.
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| Amending the state constitution |
State legislatures can propose amendments to the state constitution that either protect the right to abortion or declare that there is no right to abortion under the state constitution. These amendments often require voter approval but can have long-lasting effects on abortion access in the state. In states where the legislature has the power to place initiatives on the ballot, they can propose direct votes on abortion-related issues, allowing the public to decide on key aspects of abortion law.
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Key ballot measures that can impact abortion rights in the 2024 election
Where it matters: Arizona, Colorado, Florida, Maryland, Missouri, Montana, New York, Nebraska, Nevada, and South Dakota will have ballot measures related to abortion access and reproductive rights in the 2024 general election.
Why it matters: Abortion ballot measures give voters the power to directly decide state laws on reproductive rights. Through the ballot measure process, citizens can approve or reject specific proposals, bypassing legislatures. These measures are pivotal in shaping abortion policies, reflecting public opinion, and influencing future legal and political debates.
| State and ballot measure |
Details |
| Arizona Right to Abortion Initiative (Proposition 139) |
Vote YES to provide the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability (defined as the point of pregnancy when there is significant chance of the survival of the fetus outside of the uterus without the application of extraordinary medical measures).
Learn more and get involved with the initiative.
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| Colorado Right to Abortion Initiative (Amendment 79) |
Vote YES to provide a constitutional right to abortion in the state constitution and allow the use of public funds for abortion.
Learn more and get involved with the initiative.
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| Florida Amendment 4 |
Vote YES to provide a constitutional right to abortion before fetal viability, which is estimated to be around 24 weeks, or when necessary to protect the patient's health, as determined by the patient's healthcare provider.
Learn more and get involved with the initiative.
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| Maryland Right to Reproductive Freedom Amendment |
Vote YES to amend the Maryland Constitution to establish a right to reproductive freedom, defined to include "decisions to prevent, continue, or end one's own pregnancy."
Learn more and get involved with the initiative.
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| Missouri Right to Reproductive Freedom Initiative |
Vote YES to amend the Missouri Constitution to provide the right for reproductive freedom, which includes all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions."
Learn more and get involved with the initiative.
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| Montana Right to Abortion Initiative
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Vote YES to amend the Montana Constitution to provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion," and allow the state to regulate abortion after fetal viability, except when "medically indicated to protect the life or health of the pregnant patient."
Learn more and get involved with the initiative.
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| New York Equal Protection of Law Amendment
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Vote YES to add language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."
Learn more and get involved with the initiative.
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| Nebraska |
There are two abortion-related ballot measures that Nebraskans will be voting on this election; one supports abortion access, the other does not.
Vote YES on the Right to Abortion Initiative to amend the Nebraska state constitution to establish a right to abortion until fetal viability.
Vote NO on the Prohibit Abortions After the First Trimester Amendment to oppose amending the state constitution to prohibit abortions in the state.
Learn more and get involved with the initiative.
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| Nevada Right to Abortion Initiative
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Vote YES to establish the constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant patient.
Learn more and get involved with the initiative.
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| South Dakota Constitutional Amendment G
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Vote YES to provide a trimester framework for regulating abortion in the South Dakota Constitution.
Learn more and get involved with the initiative.
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How to get involved and stay informed this election
Staying informed about the election and getting involved with abortion rights-related organizations is crucial for anyone passionate about reproductive rights. Start by regularly checking reliable news sources and official ballot measure organizations’ websites for the most up-to-date information on the election. Websites like Ballotpedia provide detailed information on what's on the ballot, including summaries of proposed laws and where candidates stand on abortion. Hey Jane’s partner VoteAmerica offers tools to make it as easy as possible to vote.
To get involved, consider volunteering with or donating to organizations that align with your views. National groups like Planned Parenthood Action Fund and Reproductive Freedom For All offer opportunities for activism, including phone banking, canvassing, and social media outreach. On a local level, each state’s ballot measure organization has ways to support their work, whether that’s through volunteering, donating, or amplifying them on social media. These groups often focus on state-specific issues, making them vital in regions where abortion access is under threat.
By staying informed and active, you can contribute to shaping the future of abortion rights in your community and beyond.
Most importantly: Vote this election! Reproductive rights are on the ballot this year, and every voter has the power to make a difference. If you’re not yet registered, need to check your registration, need to look up your poll site, or need to request a mail-in ballot, we can help here.
