The healthcare-related ballot measures that passed

Abortion

The most common ballot measures throughout the United States this year were constitutional amendments aimed at protecting or expanding access to abortion.

Both Arizona and Missouri approved ballot initiatives that will protect abortion rights and undo abortion laws currently on the books.

Specifically, voters in Arizona approved Proposition 139, which provides a fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability unless justified by a compelling state interest. The point of fetal viability is defined as the point of pregnancy when there is significant change of the survival of the fetus outside of the uterus without the application of extraordinary medical measures. The term extraordinary medical measures is defined as a law or regulation enacted for the limited purpose of improving or maintaining the health of the individual seeking abortion care that does not infringe on that individual's autonomous decision making.

Similarly, Missouri voters approved Amendment 3, which amends the Missouri Constitution to provide the right for reproductive freedom, defined as "the right to make and carry out decisions about all matters relating to reproductive healthcare, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions."

In addition, voters in Colorado, Maryland, Montana, Nevada, and New York — all states where abortion is currently legal — passed ballot measures formally enshrining abortion rights into their state constitutions.

Meanwhile, in Nebraska, two abortion-related measures were on the ballot. The Nebraska Right to Abortion Initiative, which would have amended the state constitution to establish a right to abortion until fetal viability, failed. However, the Nebraska Prohibit Abortions After the First Trimester Amendment, which amends the state constitution to prohibit abortions after the first trimester unless necessitated by a medical emergency or if the pregnancy is a result of sexual assault or incest, passed.

Health insurance

Meanwhile in California, voters approved Proposition 35, which permanently authorizes a tax on managed care organizations based on monthly enrollees and requires revenues to be used for increased Medi-Cal programs. California has another healthcare-related measure, Proposition 34, on the ballot but as of this writing, the measure hasn't been called yet.

In South Dakota, voters approved Constitutional Amendment F, which amends South Dakota's Constitution to provide that the state may impose a work requirement on eligible individuals in order to receive Medicaid under the Medicaid expansion that took effect on July 1, 2023. These work requirements would apply to individuals who are not diagnosed as being mentally or physical disabled.

The healthcare-related ballot measures that failed

Abortion

While seven states passed ballot measures enshrining the right to an abortion in their state constitutions, three states did not.

In addition to Nebraska, voters in Florida rejected Amendment 4, which would have prevented any law from prohibiting abortion before fetal viability or when necessary to protect the patient's health. Voters in South Dakota rejected Constitutional Amendment G, which would have provided for a state constitutional right to abortion using a trimester framework for regulation.

Drugs

Voters in Florida rejected Amendment 3, which would have legalized marijuana for adults ages 21 and older and allowed individuals to possess up to three ounces of marijuana. Similarly, voters in South Dakota voted against Measure 29, which would have legalized marijuana for people ages 21 and over.

Voters in Massachusetts rejected Question 4, which would have decriminalized the use of psychedelic substances for people older than 21 and allowed people to grow the hallucinogens at home. 

Miscellaneous

Voters in West Virginia rejected Amendment 1, which would have amended the West Virginia Constitution to prohibit people from participating in "the practice of medically assisted suicide, euthanasia, or mercy killing of a person." (Greenhouse, STAT/The Boston Globe, 11/6; Arizona Election Results, New York Times, accessed 11/7; California Election Results, New York Times, accessed 11/7; Colorado Election Results, New York Times, accessed 11/7; Florida Election Results, New York Times, accessed 11/7; Maryland Election Results, New York Times, accessed 11/7; Massachusetts Election Results, New York Times, accessed 11/7; Missouri Election Results, New York Times, accessed 11/7; Montana Election Results, New York Times, accessed 11/7; Nebraska Election Results, New York Times, accessed 11/7; Nevada Election Results, New York Times, accessed 11/7; New York Election Results, New York Times, accessed 11/7; South Dakota Election Results, New York Times, accessed 11/7; West Virginia Election Results, New York Times, accessed 11/7)