Michigan Proposal 3, Right to Reproductive Freedom Initiative (2022)

Michigan Proposal 3
Election date November 8, 2022
Topic Abortion and Constitutional rights
Status a Approved
Type Constitutional amendment	Origin Citizens

Michigan Proposal 3, the Right to Reproductive Freedom Initiative, was on the ballot in Michigan as an initiated constitutional amendment on November 8, 2022. The measure was approved.

A "yes" vote supported providing a state constitutional right to reproductive freedom, which is defined as "the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."

A "no" vote opposed providing a state constitutional right to reproductive freedom.

Additional information on abortion-related ballot measures

In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.

• You can find a list of 2022's certified and proposed measures here: 2022 abortion-related ballot measures.

• Information on abortion-related ballot measures since 1970 is available here: History of abortion ballot measures.

Election results

Michigan Proposal 3
Result		Votes	Percentage
Yes		2,482,382	56.66%
No		1,898,906	43.34%

Results are officially certified.

Source

Overview

What did Proposal 3 add to the Michigan Constitution?

See also: Constitutional changes

Proposal 3 provides for a state constitutional right to reproductive freedom. The term reproductive freedom is defined in the proposal as "the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."

The ballot initiative provides that the state can regulate abortion after fetal viability, except that the state could not ban the use of abortion to "protect the life or physical or mental health of the pregnant individual," as determined by an attending health care professional.

What was the status of abortion in Michigan in 2022?

See also: Current status of abortion in Michigan

As of 2022 in Michigan, abortion was legal prior to fetal viability. After viability, an abortion could only be performed to preserve the life of the mother.

According to Gov. Gretchen Whitmer (D), because Roe v. Wade was overturned after the Dobbs v. Jackson Women’s Health Organization ruling, Act 328 of 1931 of Michigan’s penal code, which banned abortion at the state level, could have become enforceable. She said in a statement, "With today's decision, Michigan's antiquated 1931 law banning abortion without exceptions for rape or incest and criminalizing doctors and nurses who provide reproductive care takes effect. For now, a Michigan court has put a temporary hold on the law, but that decision is not final and has already been challenged."

Planned Parenthood filed a lawsuit on April 7, 2022, to block the enforcement of Act 328. On September 7, 2022, Michigan Court of Claims Judge Elizabeth Gleicher ruled that Act 328 was unconstitutional. Gov. Whitmer also filed a separate lawsuit to prevent Act 328 from being enforced and said that the Michigan Court of Claims decision was likely to be challenged. “The Michigan Supreme Court needs to provide certainty and rule on my lawsuit to protect the right to abortion in the state constitution," she said. On April 5, 2023, Whitmer repealed Act 328.

Who was behind the campaigns surrounding Proposal 3?

See also: Support and opposition

The Reproductive Freedom for All PAC was registered to support the measure. Through November 28, the campaign raised $47.8 million in contributions and spent $46.7 million.

"This proposal will affirm that every person has the fundamental right to reproductive freedom, which involves the right to make and carry out decisions without political interference about all matters relating to pregnancy, including birth control, abortion, prenatal care, and childbirth," the campaign said. "Specifically, this measure will ensure that all Michiganders have the right to safe and respectful care during birthing, everyone has the right to use temporary or permanent birth control, everyone has the right to continue or end a pregnancy pre-viability, and no one can be punished for having a miscarriage, stillbirth, or abortion."

The Citizens to Support MI Women and Children PAC was registered to oppose the measure. Through November 28, the campaign has raised $21.1 million and spent $21 million. Unborn Equity and Voting Integrity, Coalition Opposing Proposal 3, Save a Baby Vote No on 3, and Protect Life Committee Supporting Women & Children also opposed the measure. Combined, the committees reported $21.3 million in cash and in-kind contributions, and $21.3 million in expenditures.

"The Reproductive Freedom for All proposed constitutional amendment is not about reproductive freedom, which already exists," the Citizens to Support MI Women and Children PAC said. "Planned Parenthood and the ACLU’s amendment would radically distort Michigan’s Constitution to create a new unlimited right to abortion, which would spill over and affect many other issues. This poorly-worded amendment would repeal dozens of state laws, including our state’s ban on tax-funded abortions, the partial-birth abortion ban, and fundamentally alter the parent-child relationship by preventing parents from having input on their children’s health."

Reactions

Following is a list of reactions from supporters, opponents, and other commentators regarding the passage of Proposal 3.

• A spokesperson for Reproductive Freedom for All, the campaign behind Proposal 3, said, "Today, the people of Michigan voted to restore the reproductive rights they’ve had for 50 years. Proposal 3's passage marks an historic victory for abortion access in our state and in our country — and Michigan has paved the way for future efforts to restore the rights and protections of Roe v. Wade nationwide."

• A spokesperson for Support MI Women and Children, the campaign registered in opposition to Proposal 3, said, "We will hold the sponsors of this proposal accountable for the claims they made, that no law beyond the 1931 law would be invalidated. We expect the authors of this proposal to respond to the inevitable flood of litigation that will come with this amendment by insisting that laws like parental consent be upheld, as they promised the people of Michigan."

• The American Civil Liberties Union of Michigan (ACLU) said, "The American Civil Liberties Union of Michigan (ACLU) celebrates the passage of Proposal 3, a historic victory that makes Michigan the first state in the nation to pass an affirmative citizen-led constitutional amendment that guarantees the right to abortion. Today’s triumph is the result of years of strategic vision and planning, coalition building, fundraising, and harnessing the power of the people across Michigan and the nation, who generously gave thousands of hours of their time to protect a right that Americans have enjoyed for nearly 50 years."

• Barbara Listing, president of Right to Life of Michigan, said, "We are deeply saddened by the tragic passage of one of the most dangerous ballot proposals to face voters in Michigan history, Proposal 3 … Our efforts to educate voters on the true threats of Proposal 3 faced incredible odds that were ultimately insurmountable. The larger coalition to defeat Proposal 3 was outspent by a margin of more than 2 to 1. Out of state billionaires from New York and California funded a disinformation campaign to lure voters. The large majority of free press mounted an unprecedented deluge of one-sided advocacy designed to pass Proposal 3. This was a shameful disservice to our democratic process and Michigan voters seeking the truth."

Aftermath

Right to Life, et al. v. Whitmer et al.

---

This article contains a developing news story. Ballotpedia staff are checking for updates regularly. To inform us of new developments, email us at editor@ballotpedia.org.

---

Lawsuit overview
Issue: Does language of Proposal 3 conflict with the 1st and 14th amendment of the United States Constitution?
Court: United States District Court for the Western District of Michigan
Plaintiff(s): Right to Life of Michigan, et al.	Defendant(s): Gov. Gretchen Whitmer, et al.

  Source: Lawsuit

On November 8, 2023, Right to Life of Michigan filed a lawsuit against Governor Gretchen Whitmer (D) challenging Proposal 3. The lawsuit said: "This case seeks to protect and vindicate fundamental constitutional rights. It is a civil rights action brought under the First and Fourteenth Amendments to the United States Constitution and the Guarantee Clause of the United States Constitution, challenging Proposal 3 and the super-right to “reproductive freedom” it created that is now Article I, § 28 of the Michigan Constitution."

Measure design

Proposal 3 added Section 28 to Article I of the Michigan Constitution. Proposal 3 was designed to establish a state constitutional right to reproductive freedom. The term reproductive freedom is defined in the measure as the right of the individual to make and carry out decisions regarding pregnancy, which includes prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility care. Proposal 3 states that a person's right to reproductive freedom shall not be infringed "unless justified by a compelling state interest".

Proposal 3 allows the state to regulate abortion after fetal viability, which is defined in the measure as a point in the pregnancy where there is a "significant likelihood of the fetus's sustained survival outside of the uterus without the application of extraordinary medical measures". In 1973, Roe v. Wade determined that a fetus is viable at 28 weeks.

Proposal 3 provides that the state of Michigan shall not discriminate "in the protection or enforcement of this fundamental right". The proposal provides that the state of Michigan cannot penalize, prosecute, or take adverse action against an individual "based on actual, potential, perceived, or alleged pregnancy outcomes."

Text of measure

Ballot title

The ballot title was as follows:

“

A proposal to amend the state constitution to establish new individual right to reproductive freedom, including right to make all decisions about pregnancy and abortion; allow state to regulate abortion in some cases; and forbid prosecution of individuals exercising established right

”

Ballot summary

The ballot summary was as follows:

“

This proposed constitutional amendment would: Establish new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility; Allow state to regulate abortion after fetal viability, but not prohibit if medically needed to protect a patient’s life or physical or mental health; Forbid state discrimination in enforcement of this right; prohibit prosecution of an individual, or a person helping a pregnant individual, for exercising rights established by this amendment; Invalidate state laws conflicting with this amendment. Should this proposal be adopted?

”

Constitutional changes

See also: Article I, Michigan Constitution

The ballot measure added Section 28 to Article I, Michigan Constitution of the Michigan Constitution. The following underlined text was added.

Note: Use your mouse to scroll over the below text to see the full text.

Article 1, Section 28 Right to Reproductive Freedom (1) Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. An individual's right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means. Notwithstanding the above, the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual. (2) The state shall not discriminate in the protection or enforcement of this fundamental right. (3) The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes, including but not limited to miscarriage, stillbirth, or abortion. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent. (4) For the purposes of this section: A state interest is "compelling" only if it is for the limited purpose of protecting the health of an individual seeking care, consistent with accepted clinical standards of practice and evidence-based medicine, and does not infringe on that individual's autonomous decision-making. "Fetal viability" means: the point in pregnancy when, in the professional judgment of an attending health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures. (5) This section shall be self-executing. Any provision of this section held invalid shall be severable from the remaining portions of this section.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 17, and the FRE is 9. The word count for the ballot title is 41.

The FKGL for the ballot summary is grade level 13, and the FRE is 17. The word count for the ballot summary is 100.

Support

Reproductive Freedom for All led the campaign in support of the ballot initiative.

Supporters

Officials

• Massachusetts U.S. Sen. Elizabeth Warren (D)
• Gov. Gretchen Whitmer (D)
• Attorney General Dana Nessel (D)

Political Parties

• Democratic Party of Michigan
• Working Families Party

Unions

• AFSCME Council 25
• American Federation of Teachers - Michigan
• Michigan AFL-CIO
• Michigan Nurses Association
• National Nurses United
• SEIU Michigan State Council
• UNITE HERE Local 24
• United Brotherhood of Carpenters and Joiners of America

Organizations

• ACLU of Michigan
• Abortion Care Network
• American Civil Liberties Union
• American College of Obstetricians and Gynecologists
• Black Voters Matters Advocacy Fund
• Catholics for Choice
• Center for Reproductive Rights
• Human Rights Campaign PAC
• League of Women Voters of Michigan
• Michigan Academy of Family Physicians
• Michigan League for Public Policy
• Michigan Voices
• Movement 4 Black Lives
• NAACP Michigan
• NARAL Pro-Choice America
• Planned Parenthood Advocates of Michigan
• Sixteen Thirty Fund
• The Fairness Project

Arguments

• Loren Khogali, executive director of ACLU of Michigan: "Now is the moment for us to come together to protect this fundamental right for Michigan as we hold our collective breath for the Supreme Court’s ruling. It is an all-hands-on-deck moment, and we will pursue every option available to secure reproductive freedom for all Michiganders."
• Sommer Foster, co-executive director of Michigan Voices: "Michigan has a 1931 law on the books that would not only ban the right to have an abortion, but also would criminalize the procedure. And so we think that this is the best way to protect your reproductive health in Michigan."
• Reproductive Freedom for All: "This proposal will affirm that every person has the fundamental right to reproductive freedom, which involves the right to make and carry out decisions without political interference about all matters relating to pregnancy, including birth control, abortion, prenatal care, and childbirth. Specifically, this measure will ensure that all Michiganders have the right to safe and respectful care during birthing, everyone has the right to use temporary or permanent birth control, everyone has the right to continue or end a pregnancy pre-viability, and no one can be punished for having a miscarriage, stillbirth, or abortion."
• Leah M. Litman, professor of law at the University of Michigan Law School: "Proposal 3 restores the right that Roe v. Wade recognized—namely, the right to end a pregnancy before viability. Still, consistent with the Supreme Court’s decision in Roe, Proposal 3 allows the state to regulate abortion care after a fetus is viable—that is, after a fetus can survive outside of the womb. The proposal states that the government “may regulate the provision of abortion care after fetal viability,” but that the state may never “prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.” The protections and limitations contained in Proposal 3 are consistent with the principles that the Supreme Court announced in Roe."
• Dr. Daniel Shumer, a pediatric endocrinologist at Mott Children's Hospital, responding to an opposition argument about parents and adolescents: "Proposal 3 is unrelated to care for children and adolescents with differences in gender identity. Parents play a critical role in decision-making when it comes to gender-affirming care. Parental involvement, and consent, is required for hormone care in minors and passage of Proposal 3 will have no bearing on this."
• Nicole Wells Stallworth, executive director of Planned Parenthood Advocates of Michigan: "We have reached a critical moment in history for abortion access in Michigan with the Supreme Court poised to overturn nearly 50 years of precedent and restrict abortion access for 2.2 million Michiganders. We are exploring a ballot measure that would preserve every individual’s constitutional right to make the very personal decision about reproductive healthcare."

Opposition

Citizens to Support MI Women and Children led the campaign opposing this ballot initiative.

Opponents

Officials

• Senate Majority Leader Mike Shirkey (R)

Former Officials

• U.S. Rep. Tulsi Gabbard (Unaffiliated)

Organizations

• American Association of Pro-Life Obstetricians and Gynecologists
• Catholic Diocese of Lansing
• Catholic Diocese of Saginaw
• Grand Rapids Right to Life
• Lutherans for Life of Michigan
• Michigan Catholic Conference
• Michigan Democrats for Life
• Michigan Family Forum
• Michigan Knights of Columbus State Council
• Michigan Nurses for Life
• Right to Life of Michigan

Arguments

• Rebecca Mastee, policy advocate for the Michigan Catholic Conference: "While the legality of abortion is contingent upon democratic structures, it is unfortunate that the judicial branch is being used to try to invalidate a longstanding policy approved by elected representatives and left untouched by the Legislature for nearly a century since."
• Michigan Catholic Conference: "We are committed to defeating this extreme proposal that allows abortions up to the moment of birth and invalidates every common sense limit on abortion, such as parental consent, health and safety regulations on abortion clinics, and more."
• Great Lakes Justice Center: "These activists falsely claim the amendment merely places the U.S. Supreme Court ruling in Roe v Wade back into effect. Nothing is further from the truth. If passed, the RRFI enshrines in Michigan’s Constitution the most extreme abortion law in America. The expansive, vague, and broad terms used in this new law are not defined. This new fundamental constitutional right overrides any conflicting statute."
• Margot Cleveland, lawyer and senior legal correspondent for The Federalist: "First, in Section 2, Proposal 3 expressly provides 'the state shall not discriminate in the protection or enforcement of this fundamental right.' Is treating minors who are 'individuals' granted the 'fundamental rights' under Proposal 3 different than adults 'discrimination?'... In contrast, before Dobbs, parental consent laws and bans on taxpayer funding of abortion were permissible under the federal constitution."
• Christen Pollo, a spokesperson for Citizens to Support MI Women & Children: "A constitutional right to 'sterilization' surely includes a right to be sterilized to align one's sex and gender identity. The majority of voters do not support a 12-year-old girl's right to sterilization without her parent's notice or consent. But that is the implication of giving this right to every 'individual,' no matter their age."
• St. Francis of Assisi Parish: "The amendment would allow for abortions all throughout pregnancy. The amendment appears to allow a ban on late-term abortions, but provides an exception based on the mother’s physical and mental health. That means a late-term abortion could be justified for almost any reason."
• Citizens to Support MI Women and Children: "This poorly-worded amendment would repeal dozens of state laws, including our state’s ban on tax-funded abortions, the partial-birth abortion ban, and fundamentally alter the parent-child relationship by preventing parents from having input on their children’s health."

Campaign finance

See also: Campaign finance requirements for Michigan ballot measures

Reproductive Freedom For All was the PAC registered to support this measure. The committee reported $47.8 million in cash and in-kind contributions, and $46.7 million in expenditures.

Citizens to Support MI Women and Children was the PAC opposing this measure. Unborn Equity and Voting Integrity, Coalition Opposing Proposal 3, Save a Baby Vote No on 3, and Protect Life Committee Supporting Women & Children also opposed the measure. Combined, the committees reported $21.3 million in cash and in-kind contributions, and $21.3 million in expenditures.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$45,486,698.20	$2,394,185.65	$47,880,883.85	$44,359,626.57	$46,753,812.22
Oppose	$20,979,878.91	$413,119.47	$21,392,998.38	$20,947,226.52	$21,360,345.99

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Proposal 3
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Reproductive Freedom For All	$45,486,698.20	$2,394,185.65	$47,880,883.85	$44,359,626.57	$46,753,812.22
Total	$45,486,698.20	$2,394,185.65	$47,880,883.85	$44,359,626.57	$46,753,812.22

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Sixteen Thirty Fund	$5,725,000.00	$284,565.00	$6,009,565.00
ACLU	$4,992,500.00	$277,115.89	$5,269,615.89
Open Society Policy Center	$4,500,000.00	$0.00	$4,500,000.00
Nishad Singh	$4,000,000.00	$0.00	$4,000,000.00
ACLU of Michigan	$2,500,000.00	$910,619.14	$3,410,619.14

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.

Committees in opposition to Proposal 3
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Citizens to Support MI Women and Children	$20,738,767.71	$375,129.26	$21,113,896.97	$20,711,927.32	$21,087,056.58
Protect Life Committee Supporting Women & Children	$142,590.00	$37,990.21	$180,580.21	$136,228.10	$174,218.31
Unborn Equity and Voting Integrity	$65,861.20	$0.00	$65,861.20	$64,411.10	$64,411.10
Coalition Opposing Proposal 3	$32,660.00	$0.00	$32,660.00	$34,660.00	$34,660.00
Save a Baby Vote No on 3	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$20,979,878.91	$413,119.47	$21,392,998.38	$20,947,226.52	$21,360,345.99

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Right to Life of Michigan	$11,728,773.00	$90,910.14	$11,819,683.14
Michigan Catholic Conference	$7,116,820.00	$0.00	$7,116,820.00

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

The following media editorial boards published an editorial supporting the ballot measure:

• The Michigan Daily Editorial Board: "This initiative is the subject of current debate, with an extremely widespread “No” campaign that claims the proposition is “confusing” and “extreme.” But what this Editorial Board finds even more “extreme” is the alternative to the approval of this initiative: a “No” vote on the proposition leaves those who depend on reproductive health care in Michigan in a dangerous situation, one where the draconian 1931 ban could be enforced. It is essential that we approve this ballot initiative in order to validate reproductive rights and protect the future of abortion in the state of Michigan. As such, the Editorial Board recommends a “Yes” vote on Proposal 3."
• Michigan Chronicle Editorial Board: "The Michigan Chronicle Editorial Board emphatically endorses voting 'yes' on Michigan Proposal 3, the 'Reproduction Freedom for All' constitution-amending proposition, which will be on the November 8 General Election ballot. The Chronicle believes it is a “constitutional right” for women to have and exercise reproductive freedom and rights in Michigan. ... In addition, the passing of Proposal 3 with a majority of 'yes' votes will strike down and do away with the archaic and out-of-touch 1931 abortion ban that has threatened to become law again after the Supreme Court of the United States (SCOTUS) overturned Roe v Wade almost four months ago."
• Detroit Free Press Editorial Board: "The U.S. Supreme Court reneged on a guarantee of bodily autonomy multiple generations of American women had taken for granted when it overturned its 1973 ruling in Roe v. Wade, the decision that had recognized a constitutional right to abortion. Michigan voters have a chance to restore what was lost -- and protect women from the state Republican Party's ongoing campaign to criminalize their private health decisions -- by voting yes on Proposal 3. Besides unambiguously establishing a state constitutional right to choose abortion, Proposal 3 would prohibit state legislators and law enforcement authorities from restricting access to contraception, miscarriage care and treatment for infertility."

Opposition

The following media editorial boards published an editorial opposing the ballot measure:

• The Detroit News Editorial Board: "The Reproductive Freedom for All ballot initiative, if passed, would amend the state’s constitution by removing all restrictions on abortion, even the ones Michigan residents generally support, including parental notification and limits on late-term abortions that had existed here for 50 years under Roe. Passage would place Michigan among the most permissive states in the nation with regard to abortion."

Polls

See also: 2022 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Michigan Proposal 3, Right to Reproductive Freedom Initiative (2022)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

EPIC-MRA	10/28/22-11/1/22	600 LV	± 4.0%	57%	40%	4%
	Question: "Proposal 3 is a proposed constitutional amendment that would: • Establish a new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility; • Allow the state to prohibit abortion after fetal viability unless needed to protect a patient’s life or physical or mental health; • Forbid state discrimination in enforcement of this right; prohibit prosecution of an individual, or a person helping a pregnant individual, for exercising rights established by this amendment; and invalidate all state laws that conflict with this amendment. After hearing this description of the proposal, if the election were held today, would you vote “yes” to adopt the proposal, or would you vote to NOT adopt it?"

WDIV/Detroit News	10/26/22-10/28/22	600 LV	± 4.0%	55%	41%	4%
	Question: "Proposal 3 would amend the state constitution to establish a new individual right to reproductive freedom, including right to make all decisions about pregnancy and abortion, allow state to regulate abortion in some cases, and forbid prosecution of individual exercising established right. This amendment would establish a new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management and infertility. Allow state to regulate abortion after fetal viability, but not prohibit if medically needed to protect a patient’s life or physical or mental health. Forbid state discrimination in enforcement of this right, prohibit prosecution of an individual or a personal helping a pregnant individual for exercising rights established by this amendment. Invalidate state laws conflicting with this amendment. (This is the exact wording of the ballot proposal.)"

CNN	10/13/22-10/18/22	651 LV	± 4.9%	54%	45%	2%
	Question: "In the upcoming election, Michigan voters will consider Proposal 3, which would amend the Michigan state constitution to establish a new individual right to reproductive freedom, including the right to have an abortion. If the election were held today, would you be more likely to vote:"

Emerson College Polling	10/12/22-10/14/22	580 LV	± 4.0%	52%	38%	10%
	Question: "How do you plan to vote on Michigan Proposal 3, which would amend the State Constitution to establish the individual right to abortion, allowing the state to regulate abortion in some cases and forbid prosecution of individuals exercising the right to abortion."

EPIC-MRA	10/6/22-10/12/22	600 LV	± 4.0%	60%	33%	7%
	Question: "Proposal 3 is a proposed constitutional amendment that would: • Establish a new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility; • Allow the state to prohibit abortion after fetal viability unless needed to protect a patient’s life or physical or mental health; • Forbid state discrimination in enforcement of this right; prohibit prosecution of an individual, or a person helping a pregnant individual, for exercising rights established by this amendment; and invalidate all state laws that conflict with this amendment. After hearing this description of the proposal, if the election were held today, would you vote “yes” to adopt the proposal, or would you vote to NOT adopt it?"

The Glengariff Group, Inc.	9/26/22-9/29/22	600 LV	± 4.0%	61.6%	23.6%	14%
	Question: "Proposal 3 would amend the state constitution to establish a new individual right to reproductive freedom, including right to make all decisions about pregnancy and abortion, allow state to regulate abortion in some cases, and forbid prosecution of individual exercising established right. This amendment would establish a new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management and infertility. Allow state to regulate abortion after fetal viability, but not prohibit if medically needed to protect a patient’s life or physical or mental health. Forbid state discrimination in enforcement of this right, prohibit prosecution of an individual or a personal helping a pregnant individual for exercising rights established by this amendment. Invalidate state laws conflicting with this amendment."

EPIC-MRA	9/15/22-9/19/22	600 LV	± 4.0%	64%	27%	9%
	Question: "Proposal 3 is a proposed constitutional amendment that would: Establish a new individual right to reproductive freedom, including right to make and carry out all decisions about pregnancy, such as prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility; Allow the state to prohibit abortion after fetal viability unless needed to protect a patient’s life or physical or mental health; Forbid state discrimination in enforcement of this right; prohibit prosecution of an individual, or a person helping a pregnant individual, for exercising rights established by this amendment; and invalidate all state laws that conflict with this amendment. After hearing this description of the proposal, if the election were held today, would you vote “yes” to adopt the proposal, or would you vote to NOT adopt it?"

EPIC-MRA	8/18/22-8/23/22	600 LV	± 4.0%	67%	24%	9%
	Question: "On another topic, there will be a proposal on the November election ballot that if approved by voters, would establish a constitutional amendment that would protect a woman’s right to have an abortion in Michigan. If the election were held today, would you vote “yes” to support that proposal, or would you vote “no” to oppose it?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

U.S. Supreme Court Ruling on abortion, 2022

See also: Dobbs v. Jackson Women’s Health Organization

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there is no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

Abortion in Michigan

As of 2022, abortion was legal in Michigan prior to fetal viability. After viability, an abortion could only be performed to preserve the life of the mother. Viability was defined as 23 or 24 weeks by Planned Parenthood v. Casey, while Roe v. Wade defined viability at the third trimester of pregnancy, or 28 weeks. Minors receiving an abortion were required to get consent from at least one parent or legal guardian. A court was able to waive this requirement if the parent or guardian was not available, or if the court determined an abortion was in the minor’s best interest.

As of 2022, Michigan’s Informed Consent for Abortion Law of 1993 required that information relating to the abortion procedure, depictions or photographs of fetal development, and prenatal care and parenting information be made available to the person seeking an abortion at least 24 hours prior to the abortion procedure.

Michigan Act 328 of 1931

After Roe v. Wade was overturned in June 2022, Gov. Gretchen Whitmer (D) said that Act 328 of 1931 of Michigan’s penal code, which banned abortion at the state level, could become enforceable. She said in a statement, "With today's decision, Michigan's antiquated 1931 law banning abortion without exceptions for rape or incest and criminalizing doctors and nurses who provide reproductive care takes effect. For now, a Michigan court has put a temporary hold on the law, but that decision is not final and has already been challenged." Under Act 328, any individual who performed an abortion could be found guilty of a felony, and any individual who sold a drug or substance for the purpose of procuring an abortion could be found guilty of a misdemeanor.

In April of 2022, Whitmer filed a lawsuit challenging Act 328. The lawsuit sought an order from the Michigan Supreme Court that would uphold abortion as a constitutional right under the Due Process Clause of the Michigan Constitution and prevent the enforcement of Act 328. Whitmer's lawsuit also stated that Act 328 violated Michigan’s Equal Protection Clause.

On April 7, 2022, Planned Parenthood filed a similar lawsuit to prevent the enforcement of Act 328. The lawsuit argued that the law “violates the rights to liberty, bodily integrity, equal protection and privacy under the Michigan Constitution and state civil rights laws, and that the law is unconstitutionally vague.”

On May 17, 2022, a Michigan Court of Claims judge suspended enforcement of Act 328, temporarily preventing it from being enforced. On May 20, 2022, the Michigan Catholic Conference and Michigan Right to Life filed a complaint, asking the case to be brought to the Michigan Court of Appeals. On August 1, 2022, a Michigan Court of Appeals panel ruled that county prosecutors were allowed to continue enforcing the ban. On August 19, 2022, Oakland County Judge Jacob Cunningham ruled that county prosecutors could not enforce Act 328. On September 7, 2022, Judge Elizabeth Gleicher ruled that Act 328 was unconstitutional. “A law denying safe, routine medical care not only denies women of their ability to control their bodies and their lives — it denies them of their dignity. Michigan’s Constitution forbids this violation of due process," Gleicher wrote.

Campaign reactions to Dobbs v. Jackson Women's Health Organization

On June 24, 2022, the U.S. Supreme Court issued a ruling in the case Dobbs v. Jackson Women’s Health Organization, which held that "The Constitution does not confer a right to abortion; Roe and Casey were overruled; and the authority to regulate abortion was returned to the people and their elected representatives."

Reproductive Freedom for All, the campaign supporting the initiative, commented on the Supreme Court ruling. "What we have long feared has finally come to pass — SCOTUS has overturned Roe v. Wade. This devastating decision puts the abortion rights of millions at immediate risk and threatens to undo decades of progress across the country. It’s a difficult day for every Michigander who believes in the fundamental right of people to make their own reproductive decisions and the 2.2 million people who now stand to lose access to abortion in our state. But we can — and will — fight back! Our campaign is working *right now* to collect the 425,059 signatures necessary to put abortion on the ballot this November and affirm the right to reproductive freedom in our state constitution for good. It is absolutely critical that we succeed."

Citizens to Support MI Women and Children, the campaign opposing the initiative, also made a statement regarding the Supreme Court ruling. “We are grateful to see the fall of Roe in the height of our efforts to stop the anything-goes abortion amendment. We have been preparing to protect Michigan’s 1931 abortion law for this very moment,” said Christen Pollo, the spokesperson for Citizens to Support MI Women and Children.

Abortion laws by state

See also: Abortion regulations by state

As of September 1, 2022, 44 states restricted abortions after a certain point in pregnancy. The remaining six states and Washington, D.C., did not. Of the 44 states with established thresholds for restrictions on abortion:

• Eleven states restrict abortion after conception
• Two states restrict abortion at six weeks since the last menstrual period
• One state restricts abortion at 15 weeks post-fertilization
• One state restricts abortion at 18 weeks since the last menstrual period
• Nine states restrict abortion at 20 weeks post-fertilization or 22 weeks since the last menstrual period
• Four states restrict abortion at 24 weeks since the last menstrual period
• 15 states restrict abortion at fetal viability
• One state restricts abortion in the third trimester

The map and table below give more details on state laws restricting abortion based on the stage of pregnancy as of 2022. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the patient's life or health is threatened.
2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.
3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."
4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.
5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.
6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.

State abortion restrictions based on stage of pregnancy
State	Does the state restrict abortion after a specific point in pregnancy?	Threshold for restriction
Alabama	Yes	Conception
Alaska	No	None
Arizona	Yes	Fetal viability
Arkansas	Yes	Conception
California	Yes	Fetal viability
Colorado	No	None
Connecticut	Yes	Fetal viability
Delaware	Yes	Fetal viability
Florida	Yes	15 weeks since last menstrual period
Georgia	Yes	Six weeks since last menstrual period
Hawaii	Yes	Fetal viability
Idaho	Yes	Conception
Illinois	Yes	Fetal viability
Indiana	Yes	22 weeks since last menstrual period
Iowa	Yes	20 weeks post-fertilization
Kansas	Yes	20 weeks since last menstrual period
Kentucky	Yes	Conception
Louisiana	Yes	Conception
Maine	Yes	Fetal viability
Maryland	Yes	Fetal viability
Massachusetts	Yes	24 weeks post-fertilization
Michigan	Yes	Fetal viability
Minnesota	Yes	Fetal viability
Mississippi	Yes	Conception
Missouri	Yes	Conception
Montana	Yes	Fetal viability
Nebraska	Yes	20 weeks post-fertilization
Nevada	Yes	24 weeks post-fertilization
New Hampshire	Yes	24 weeks since last menstrual period
New Jersey	No	None
New Mexico	No	None
New York	Yes	Fetal viability
North Carolina	Yes	20 weeks post-fertilization
North Dakota	Yes	20 weeks post-fertilization
Ohio	Yes	Six weeks since last menstrual period
Oklahoma	Yes	Conception
Oregon	No	None
Pennsylvania	Yes	24 weeks since last menstrual period
Rhode Island	Yes	Fetal viability
South Carolina	Yes	20 weeks post-fertilization
South Dakota	Yes	Conception
Tennessee	Yes	Conception
Texas	Yes	Conception
Utah	Yes	18 weeks since last menstrual period
Vermont	No	None
Virginia	Yes	Third trimester since last menstrual period
Washington	Yes	Fetal viability
Washington, D.C.	No	None
West Virginia	Yes	20 weeks post-fertilization
Wisconsin	Yes	20 weeks post-fertilization
Wyoming	Yes	Fetal viability
Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed September 1, 2022; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed September 1, 2022; The Fuller Project, "How major abortion laws compare, state by state," accessed September 1, 2022

Abortion-related ballot measures in the U.S.

See also: Abortion on the ballot

The following chart illustrates the number of abortion-related statewide measures on the ballot in even-numbered years between 1970 and 2022.

Abortion-related ballot measures in 2022

See also: 2022 abortion-related ballot measures

The following table provides a list of abortion-related measures that were on the ballot in 2022:

State	Date	Measure	Description	Outcome
Kansas	Aug. 2	Amendment	• Amend the Kansas Constitution to state that nothing in the state constitution creates a right to abortion or requires government funding of abortions • Declare that the state Legislature has to power to pass laws regarding abortion	d
California	Nov. 8	Proposition 1	• Amend the California Constitution to provide that the state cannot "deny or interfere with an individual’s reproductive freedom in their most intimate decisions," including decisions to have an abortion or to choose or refuse contraceptives	a
Kentucky	Nov. 8	Amendment 2	• Amend the Kentucky Constitution to state that nothing in the state constitution creates a right to abortion or requires government funding of abortions	d
Michigan	Nov. 8	Proposal 3	• Amend the Michigan Constitution to provide a state constitutional right to reproductive freedom, defined to include abortion, contraception, and other matters related to pregnancy	a
Montana	Nov. 8	LR-131	• Provide in state law that infants born alive at any stage of development are legal persons • Require medical care to be provided to infants born alive after an induced labor, cesarean section, attempted abortion, or other method	d
Vermont	Nov. 8	Amendment	• Amend the Vermont Constitution to provide a state constitutional right to personal reproductive autonomy	a

Path to the ballot

Process in Michigan

In Michigan, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of votes cast for governor in the last gubernatorial election. Signatures older than 180 days are invalid, which means all signatures must be collected within a 180-day window. Amendment petitions must be filed 120 days prior to the election.

The requirements to get an initiated constitutional amendment certified for the 2022 ballot:

• Signatures: 425,059 valid signatures were required.
• Deadline: The deadline to submit signatures was July 11, 2022.

Signature petitions are filed with the secretary of state and verified by the board of state canvassers using a random sample method of verification.

Stages of this initiative

• The campaign Reproductive Freedom for All filed a petition with the State Board of Canvassers on January 7, 2022.
• On January 19, the Board approved the petition language.
• On March 24, the Michigan Board of State Canvassers approved the petition form, clearing the ballot initiative for circulation.
• On May 6, the campaign reported that 10,000 people signed up to volunteer for the petition drive hours after the leak of the Dobbs v. Jackson Women’s Health Organization draft opinion.
• On June 29, the campaign announced that it had reached the minimum signature threshold, but that it would continue to collect signatures until the July 11 deadline.
• On July 7, Ann Arbor Council Member Linh Song, co-chair of the Reproductive Freedom for All campaign, stated that "nearly 800,000 signatures have been gathered."
• On July 11, the Reproductive Freedom for All campaign submitted 753,759 signatures to qualify for the ballot.
• On August 18, 2022, the Citizens to Support MI Women and Children group filed a challenge against the Reproductive Freedom for All petition, saying that the lack of appropriate spacing between certain words would "seek to insert nonexistant words into the Michigan Constitution."
• On August 26, 2022, the State of Michigan Bureau of Elections affirmed that the Reproductive Freedom for All campaign submitted an estimate of 596,379 valid signatures.
• On September 8, 2022, the Michigan Supreme Court ordered in a 5-2 decision that the Right to Reproductive freedom initiative would appear on the general election ballot. The Supreme Court rejected the challenge to the initiative regarding the spacing of the words, saying that "regardless of the existence or extent of the spacing, all of the words remain and they remain in the same order, and it is not disputed that they are printed in 8-point type."

Sponsors of the measure hired Fieldworks LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $9,594,991.24 was spent to collect the 425,059 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $22.57.

How to cast a vote

See also: Voting in Michigan

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Michigan.

How to cast a vote in Michigan

Poll times In Michigan, polls are open from 7 a.m. to 8 p.m. local time. Most of the state is observes Eastern Time, while several counties observe Central Time. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. To vote in Michigan, you must be a United States citizen and a resident of your city or township for at least 30 days. Voters must be at least 18 years old by Election Day. Voters may register to vote online, by mail, or in person at clerk's offices in their county, city, or township or at a state department branch office at least 15 days before an election. Same-day registration is available on Election Day and during the 14 days prior. "Individuals who register to vote within the 14-day period immediately preceding an election must appear in person at their city or township clerk’s office and provide proof of residency." Acceptable documents for proving residency include: Michigan driver’s license or State ID card Current utility bill Bank statement Paycheck or government check Other government document Automatic registration Michigan automatically registers eligible individuals to vote when they apply for or update a driver’s license or personal identification card. Online registration See also: Online voter registration Michigan has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Michigan allows same-day voter registration. Residency requirements Michigan law requires 30 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Michigan does not require proof of citizenship for voter registration. Verifying your registration This page, administered by the Michigan Department of State, allows residents to check their voter registration status online. Voter ID requirements Michigan requires voters to present photo identification while voting. The following list of accepted ID was current as of July 2023. Click here for the Michigan Secretary of State page on accepted ID to ensure you have the most current information. Michigan driver’s license Michigan personal identification card Current driver’s license or personal ID card issued by another state Current operator's or chauffeur's license Current federal, state, or local government-issued photo ID Current U.S. passport Current military identification card with photo Current student identification with photo from an educational institution Current tribal identification card with photo. A voter who does not have an acceptable form of identification can cast a ballot by signing an affidavit. Voters can obtain a state identification card at a secretary of state branch office for $10. Voters over the age of 65, voters who are blind, and voters whose driving privileges have been terminated due to a physical or mental disability can obtain an identification card for free. Additionally, voters who can present a reason for having the fee waived may also obtain an ID for free. Visit the Michigan secretary of state’s page or call (888) SOS-MICH (767-6424) for more information.

See also

2022 measures

• 2022 ballot measures
• Abortion on the ballot
• Constitutional rights on the ballot
• 2022 legislative sessions

Michigan

• Michigan ballot measures
• Michigan ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls