Nevadans have voted to enshrine abortion rights in the state’s Constitution, where they would be harder to undo, as they seek to further shore up access to abortion since the decision was returned back to the states with the overturning of Roe v. Wade two years ago.
The approval of Question 6, which asked voters whether the Nevada Constitution should include a fundamental right to abortion, means that the Constitution will be amended if a majority of voters also approve it in 2026.
The question would not change current abortion access in the state, but it would make it harder for existing protections — allowing abortion up through 24 weeks into a pregnancy — to be overturned. The current law can only be overturned by a one-time majority vote of the people, but if the protections are enshrined in the state Constitution, it would take two majority votes for a change to occur.
The question’s success is a victory for abortion advocates, who have pursued related ballot questions in a slew of states since the overturning of Roe meant that abortion rights would be decided on a state-by-state basis. Voters in nine other states voted 3on ballot questions aimed at bolstering abortion access.
The initiative in Nevada kicked off last September when a group called Nevadans for Reproductive Freedom filed a broader petition that sought to establish a constitutional right to “reproductive freedom,” which also would have protected the right procedures such as vasectomies as well as infertility and prenatal care.
However, a Carson City judge struck down the petition in November based on the single-rule judgement after a lawsuit argued the question was too broad and carried an unfunded mandate, preventing supporters from gathering signatures. Although the Nevada Supreme Court reversed this decision months later, Nevadans for Reproductive Freedom pivoted to a narrower question that only focused on protecting the right to an abortion.
This effort also faced a legal challenge, but the question received approval from a Carson City judge and the Nevada Supreme Court.
The passage of the question opens the possibility of two abortion-related ballot questions appearing on the 2026 ballot. In the 2023 legislative session, Democratic lawmakers passed a constitutional amendment that mirrors the broader ballot question that advocates pushed to appear on this year’s ballot. If the Legislature passes the amendment during next year’s session, it will also appear on the 2026 ballot.
The measure officially qualified for the November ballot after election officials verified more than 127,000 signatures gathered by petition supporters, well more than the roughly 102,000 needed to qualify for the ballot.
Nevadans for Reproductive Freedom raised more than $11 million through the end of September, much of which came from so-called “dark money” groups, which are not required to disclose their donors under federal tax law. The group has spent more than $7 million in television ads this cycle, according to ad-tracking firm AdImpact.
The left-leaning dark money groups that contributed to the effort include the Advocacy Action Fund ($2 million), Nevada Alliance ($1 million), Open Society Action Fund ($1 million) and the Tides Foundation ($837,000). Many of these groups have given money to support abortion-related ballot questions, which are seen as a potential way to drive up Democratic turnout, particularly in states where abortion is not already protected.
The effort also received $1.15 million from Think Big America, a nonprofit tied to Gov. J.B. Pritzker (D-IL), who is widely considered a future presidential candidate. Director Steven Spielberg also donated $50,000 to Nevadans for Reproductive Freedom.
Opponents have argued that the petition is unnecessary and misleads voters because abortion is already legal in the state. Guardians of the Young, a PAC opposing the ballot initiative, was registered in August but has not reported any money raised.