Abortion rights will be on the ballots in Colorado and South Dakota this fall, allowing voters in those states to have a say on the contentious issue. In South Dakota, a trigger law banning nearly all abortions went into effect after Roe v. Wade was overturned, prompting the need for a direct democracy vote on the issue. Colorado’s measure aims to enshrine abortion protections into the state constitution, building upon the already broad protections for abortion in the state, which has become a haven for individuals from states with restricted abortion laws, such as Texas.
In South Dakota, about 85% of the more than 55,000 signatures submitted in support of the ballot initiative have been validated, exceeding the required number of signatures for the measure to appear on the ballot. Voters in South Dakota will be given the opportunity to vote on prohibiting the state from regulating abortion before the end of the first trimester, as well as allowing regulation after the second trimester in certain circumstances. The group Dakotans for Health, which sponsored the amendment, believes that the validation of signatures shows that the people of South Dakota, not politicians, will have the final say on the matter.
In addition to Colorado and South Dakota, abortion rights are also on the ballot in Florida and Maryland, with efforts underway in states like Arizona, Montana, and Nebraska as well. This follows the U.S. Supreme Court’s 2022 reversal of Roe v. Wade, leading advocates to push for abortion rights through ballot measures in various states. In total, voters in seven states have approved abortion access in ballot measures, including four states that wrote abortion rights into their constitution.
Supporters of Colorado’s ballot measure turned in over 225,000 signatures, well above the required number, emphasizing the importance of securing abortion rights and access in the state constitution. Amendment to the state constitution will require the support of 55% of voters, a challenging yet crucial step towards protecting abortion rights and access in the state. Despite the progress made in gathering signatures and securing language on the ballot, abortion rights advocates in South Dakota face strong opposition from Republican lawmakers and major abortion rights advocates, potentially hindering their success in November.
Opponents of the abortion rights measures in South Dakota, including the Life Defense Fund, are continuing to research the signatures and have until June 17 to file a challenge with the secretary of state’s office. Despite the potential hurdles, advocates remain resolute in their mission to defend unborn babies and ensure access to safe and legal abortion. The American Civil Liberties Union of South Dakota has raised concerns about the legal language of the ballot measure, suggesting that it may not provide the strongest legal standard for evaluating abortion laws, potentially rendering it symbolic only. The outcome of the ballot measures in both Colorado and South Dakota will have significant implications for abortion rights in those states moving forward.
