Abortion Rights Measures Headed to Ballot in Four States, Including Idaho

Voters in Idaho, Nevada, Virginia, and Missouri will decide on abortion-related ballot measures on November 3, 2026. While Idaho, Nevada, and Virginia seek to establish or protect abortion rights, Missouri voters will consider a measure to reinstate an abortion ban and restrict gender-affirming care for minors. Concurrently, several Republican-led states, including North Dakota, South Dakota, Utah, and Missouri, are proposing measures to raise the voting thresholds required to pass constitutional amendments, sparking intense debate over the future of direct democracy.

Constitutional amendment threshold increases

• ▪Utah's proposed 60% approval threshold for ballot initiatives would only apply to measures that increase or expand taxes
• ▪Florida is currently the only state out of 26 allowing citizen ballot measures that requires a 60% threshold for constitutional amendments
• ▪Florida's 60% threshold caused a 2024 constitutional amendment to protect abortion rights to fail despite receiving 57% voter approval
• ▪Voters in North Dakota, South Dakota, and Utah will consider ballot measures in 2026 to raise the constitutional amendment approval threshold to 60%

Republican rationale for restrictions

• ▪South Dakota Republican state Representative John Hughes argued that citizens do not understand the difference between constitutional amendments and statutory measures
• ▪Republican lawmakers argue that a simple majority threshold makes amending state constitutions too easy and leads to frequent changes
• ▪North Dakota Republican state Representative Robin Weisz argued that the state constitution is being cluttered with trivial items that belong in statutes

Direct democracy advocates' opposition

• ▪Kelly Hall of the Fairness Project stated that severe limits on constitutional amendments represent a battle over the availability of direct democracy
• ▪Quentin Savwoir of the Ballot Initiative Strategy Center called efforts to raise voting thresholds the antithesis of democracy
• ▪Zebadiah Johnson of the Voter Defense Association of South Dakota stated that only 15 of 37 proposed amendments in South Dakota have passed since 2002

Missouri congressional district requirement

• ▪Missouri's proposed Amendment 4 would require constitutional amendments to pass in each of the state's congressional districts to take effect
• ▪Missouri's proposed Amendment 4 district-level requirement would not apply to constitutional amendments sent to the ballot by state lawmakers

Abortion rights ballot measures in four states

• ▪Since 2020, Missouri voters approved measures raising the minimum wage, expanding Medicaid, and establishing a statewide right to reproductive healthcare
• ▪Missouri voters will consider a November 3, 2026, ballot measure to reinstate an abortion ban with limited exceptions and ban some gender-affirming care for minors
• ▪Voters in Virginia and Nevada are considering state constitutional amendments to establish a right to abortion on November 3, 2026
• ▪Idaho voters will decide on a November 3, 2026, ballot measure to allow abortion until fetal viability, rolling back the state's ban