Voters could weigh in on abortion rights this fall in Idaho, Nevada and Wyoming.
In the post-Roe v. Wade era, where decision-making power over abortion lies in state hands, ballot initiatives have become a popular way of restricting or protecting these rights, and often a way to get around courts.
Wyoming
A constitutional amendment could be a last resort for Republican lawmakers in Wyoming who want to ban most abortions. There’s a couple of options for what could be on the ballot.
Rep. Elissa Campbell (R-Casper) has said she filed a resolution asking voters to enshrine the Life is a Human Right Act, which bans most abortions, into the state constitution. In a Facebook post, Campbell said she wanted to “determine the desires of the voting public and take control back from the legislature and the WFC,” or the Wyoming Freedom Caucus, which has a majority of seats in the House between members, allies and endorsees.
The “Life Act” was one of the laws Republican legislators passed in 2023, along with a “chemical” or medical abortion ban.. The Wyoming Supreme Court struck down those laws on Jan. 6, saying they violate Wyomingites’ rights to make their own healthcare decisions.
Now, Speaker of the House Chip Neiman (R-Hulett) said he fears voters could pass an amendment that could further protect abortion rights.
“I've got a lot of other folks that are opining on this,” Neiman said at a local town hall on Jan. 26. “They believe that we are really opening ourselves up for a major train wreck, and potentially codifying abortion as a healthcare right in Wyoming into our constitution.”
Neiman has previously told Wyoming Public Radio that he wants an amendment to “recognize life in the womb,” otherwise known as fetal personhood, which Montana lawmakers have tried – and failed – to put on the ballot.
Now, Neiman cited a recent ballot initiative that passed in Nebraska when he told town hall attendees that he’s considering a partial ban, asking voters to restrict abortion when there’s a heartbeat.
“Is that where we need to go as a state?” Neiman asked. “Because right now we can't stop any little baby from being killed. Zero. They're all subject to this.”Campbell and Neiman did not respond to requests for further comments.
Lawmakers will need to decide on language for any constitutional amendments when their session starts Feb. 9.
“The question is, are they being animated by idealism or realism in terms of what could backfire?” said University of California law professor Mary Ziegler, who follows abortion cases nationwide.
She said she’s unsure which way a vote would go in Wyoming. The public hasn’t voted on abortion in the Cowboy State since 1994, when Wyomingites shot down an abortion ban initiative.
More recently, a 2024 poll from the University of Wyoming found that a total of 59% of respondents said abortion should always be permitted or be allowed in certain situations beyond rape, incest and danger to the mother. However, a total of 42% said abortion should never be permitted, or only be allowed in instances of rape, incest or threats to a mother’s life.
“Even though there's a strong conservative Christian community, there's also a strong libertarian streak in the Republican party that complicates the politics of this,” Ziegler said.
Idaho
The same political dynamics could play out in Idaho, where abortion is already banned. Abortion access advocates there are trying to get enough signatures by May to put reproductive freedoms on the ballot.
As of Jan. 22, the group Idahoans United for Women and Family had 63,000 signatures out of its 100,000 goal, according to a Facebook post. About 71,000 signatures are needed by May 1, per Idaho law.
Nevada
In Nevada, voters will be asked if they want to add abortion rights to the state constitution. Abortion is already legal in the state, but supporters say a constitutional amendment will add an extra layer of protection.
In order to change the constitution in Nevada, voters must approve measures in consecutive elections. In 2024, 64% of voters supported enshrining the right to abortion. A majority will have to vote in favor again in 2026 to recognize the right.
A 2024 survey from The Associated Press and other partners found 3 in 10 voters in Arizona, Missouri and Nevada supported abortion rights measures and also voted for President Donald Trump.
This story was produced by the Mountain West News Bureau, a collaboration between Wyoming Public Media, Nevada Public Radio, Boise State Public Radio in Idaho, KUNR in Nevada, KUNC in Northern Colorado, KANW in New Mexico, Colorado Public Radio, KJZZ in Arizona and NPR, with additional support from affiliate newsrooms across the region. Funding for the Mountain West News Bureau is provided in part by the Corporation for Public Broadcasting and Eric and Wendy Schmidt.
