Interested Parties Memo: What midterms election results mean for abortion access in key states

TO: Interested Parties

FROM: Planned Parenthood Action Fund 

RE: What midterms election results mean for abortion access in key states

DT: November 17, 2022

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Last week, in states across the country, voters came out in big numbers to elect candidates committed to protecting abortion rights and expanding reproductive freedom. In California, Kentucky, Michigan, Montana, and Vermont, voters also protected abortion rights in critical ballot initiatives. At the federal level, while the Georgia Senate race is headed to a runoff election, the chamber has preserved a majority in support of abortion rights, blocking the threat of a national abortion ban. With most votes counted, there is now a good picture of where abortion rights and access stand in several key states.

Arizona 

Status of abortion access post-election: Banned after 15 weeks, access remains at risk

Abortion is currently banned after 15 weeks of pregnancy in Arizona under a law that was enacted earlier this year. Planned Parenthood Arizona is also challenging a ban in court that can be traced back to 1864 and would make abortion illegal in most cases. Gov.-elect Katie Hobbs will use every tool available to block and veto restrictive measures passed by state legislators and to fight for access to safe and legal abortion. The attorney general’s race remains too close to call. If elected, Kris Mayes will defend Arizonans’ right to abortion, while extremist Abe Hamadeh has pledged to enforce abortion bans. In Maricopa County, Arizona’s most populous county, voters re-elected Rachel Mitchell as county attorney. She has refused to state whether she will enforce dangerous abortion bans that would criminalize abortion providers and put people’s lives and livelihoods at risk. 

California 

Status of abortion access post-election: Protected, right enshrined in the state constitution

Californians voted to strengthen protections for reproductive freedom by approving Prop 1, which prohibits the state from interfering in reproductive health care. The measure explicitly enshrines the right to abortion in the state constitution, as well as the right to use or refuse contraception. 

Florida 

Status of abortion access post-election: Banned after 15 weeks, access remains at risk

Florida voters re-elected Gov. Ron DeSantis, who is staunchly anti-abortion and has pledged to further restrict Floridians' fundamental freedoms. DeSantis signed the state’s ban on abortion after approximately 15 weeks earlier this year. Anti-abortion rights legislators also gained supermajorities in both the state House and Senate, paving the way for further restrictions. The Florida legislature is set to reconvene in the coming weeks for a special session, during which state lawmakers could introduce additional abortion bans and restrictions. Abortion advocates’ and providers’ challenge to Florida’s abortion ban remains pending at the Florida Supreme Court. 

Georgia 

Status of abortion access post-election: Legal, access remains at risk

This week, a state court struck down Georgia’s ban on abortion after six weeks of pregnancy, allowing abortion services beyond the earliest stages of pregnancy to resume. Gov. Brian Kemp, who signed the state’s now-void abortion ban into law, was re-elected to a second term and the state has appealed the injunction. When the legislature reconvenes in January, they will likely attempt to pass new abortion bans and restrictions. 

Kansas

Status of abortion access post-election: Protected under state constitution, governor committed to protecting access

Abortion remains legal in Kansas, where voters re-elected reproductive rights champion Gov. Laura Kelly. Just three months after Kansans resoundingly rejected a dangerous anti-abortion constitutional amendment, they again made clear that they want to protect abortion access. Kansans also retained all Supreme Court justices who were on the ballot, despite a campaign from anti-abortion activists, ensuring that legal challenges to Kansans’ reproductive freedom are heard by a fair and impartial court. The state remains a critical access point for patients across the region who have been cut off from care.

Kentucky

Status of abortion access post-election: Banned completely, access remains at risk 

While Kentucky voters rejected a constitutional amendment that would have eliminated any right to abortion, abortion remains banned and at high risk of being banned permanently in the state. This week, the Kentucky Supreme Court heard a challenge, brought by abortion advocates and providers to the state’s total abortion ban and ban on abortion after six weeks of pregnancy.  

Michigan

Status of abortion access post-election: Protected, right now enshrined in the state constitution

Michigan voters approved a historic measure to enshrine reproductive freedom, including abortion rights, in the state constitution. The amendment will ensure that access is protected no matter who is in office. Recent state court rulings blocked Michigan’s pre-Roe abortion ban from taking effect, allowing the state to serve as a critical access point for abortion. The number of out-of-state patients at Michigan Planned Parenthood health centers more than doubled since the U.S. Supreme Court overturned Roe v. Wade. Newly re-elected reproductive rights champion Gov. Gretchen Whitmer is poised to expand access to health care, with pro-reproductive freedom legislators gaining control of both the state House and Senate. Voters also re-elected Attorney General Dana Nessel, who has steadfastly opposed the state’s pre-Roe abortion ban and pledged to protect abortion patients and providers. 

Minnesota

Status of abortion access post-election: Protected under state constitution, governor will protect access

Abortion remains legal in Minnesota, a key access point for care in the region. Gov. Tim Walz will continue to champion reproductive rights and expand access to care where possible. Abortion rights will also remain protected in the state legislature, where Minnesotans elected candidates who support abortion access to both chambers, securing a trifecta of control for the first time in state history. They are poised to move to expand reproductive freedom in the upcoming legislative session. 

Montana

Status of abortion access post-election: Protected under state constitution

Abortion remains legal in Montana. This election, voters rejected LR-131, an overreaching government mandate that would have allowed politicians to interfere with deeply personal medical decisions that should be left between families and their health care providers. Montanans also re-elected Justice Ingrid Gustafson to the Montana Supreme Court, a fair justice with a strong record of protecting the right to make personal health care decisions free from government interference. 

Nevada

Status of abortion access post-election: Legal, governor could stall progress on abortion rights 

Abortion remains legal in Nevada. Voters approved an Equal Rights Amendment that prohibits discrimination by the state based on race, color, creed, sex, sexual orientation, gender identity, age, disability, ancestry, or national origin. Gov.-elect Lombardo is a threat to abortion rights. He will halt the progress made to improve public health and reproductive health care infrastructure in Nevada. He has promised to roll back pro-abortion rights policies and executive orders and has a dangerous record of supporting anti-abortion causes and organizations. Where possible, pro-sexual and reproductive health majorities in the Nevada Legislature will work to protect abortion access which will be critical under a Lombardo administration. 

New Hampshire

Status of abortion access post-election: Legal; access remains at risk

Abortion is legal in New Hampshire but re-elected Gov. Chris Sununu previously signed anti-abortion legislation, despite claiming to be a moderate on reproductive rights. Sununu cannot be trusted to protect the reproductive freedom of Granite Staters in his second term. Access to comprehensive sexual and reproductive health care for Granite Staters who have low incomes will remain under attack. All members of the state’s Executive Council, which has rejected funding for reproductive health providers — including New Hampshire Planned Parenthood health centers — multiple times over the last two years, were also re-elected. 

North Carolina 

Status of abortion access post-election: Banned after 20 weeks, access remains at risk

Abortion is currently legal up to the 20th week of pregnancy in North Carolina, making it an important access point in the south, but the future of access is tenuous. Gov. Roy Cooper was not up for re-election and remains a critical backstop against an anti-abortion rights legislature. Anti-abortion legislators won a supermajority in the state senate, however, they did not achieve a supermajority in the state house. This means Gov. Cooper’s veto power continues to hang by a thread. The risk to abortion rights is also increased with the election of justices to the state Supreme Court who may uphold abortion restrictions.

Ohio

Status of abortion access post-election: Legal, access remains at risk

Abortion is currently legal in Ohio, with the state’s six-week abortion ban blocked by a state court. However, given that several state Supreme Court justices are hostile to reproductive freedom, abortion access across Ohio remains at high risk. With their continued trifecta, anti-abortion rights politicians can also pass new abortion bans and restrictions during the current state legislative session. 

Pennsylvania

Status of abortion access post-election: Legal, governor committed to protecting access

Pennsylvania has been a critical access point for abortion since the Dobbs decision, with health centers seeing a huge spike in out-of-state patients. Gov.-elect Josh Shapiro, a steadfast champion for reproductive freedom, has the opportunity to not only protect but expand abortion access. In addition to expanding the number of reproductive rights champions in the Pennsylvania Senate, voters flipped the House to a pro-reproductive rights majority. This chamber flip will likely prevent a proposed constitutional amendment to eliminate a state right to abortion from moving forward. 

Vermont 

Status of abortion access post-election: Protected, right enshrined into the state constitution

Abortion is legal in Vermont, and voters further safeguarded access by resoundingly approving a historic Reproductive Liberty Amendment. The measure protects every Vermonter’s right to make their own reproductive decisions, including whether and when to become pregnant, use temporary or permanent birth control, or seek abortion. The Vermont House and Senate passed the amendment with tri-partisan support in four stages of legislative review between 2019 and 2022, qualifying it for the ballot this year.

Wisconsin

Status of abortion access post-election: Eliminated by pre-Roe ban, governor committed to restoring access

The legal uncertainty surrounding Wisconsin’s 1849 abortion ban, which is currently being challenged in court, has forced health centers across the state to stop providing abortion. Re-elected Gov. Tony Evers will continue to veto any new abortion bans or restrictions passed by the legislature and fight to protect reproductive health care wherever possible. Attorney General Josh Kaul was also re-elected and is currently challenging the 1849 ban in court.  However, with the ongoing threat of the criminal ban, abortion will continue to be inaccessible in the Badger State.