A “Yes” vote would create a new section of the Nevada Constitution to establish a person’s constitutional right to abortion, so that a person can make decisions about matters relating to abortion and reproductive healthcare, without interference from state or local governments.

A “No” vote would keep the Nevada Constitution in its current form and would not impact the availability of abortion as a statutory right under Nevada law.

DIGEST

Existing law states that abortions are legal in Nevada and must occur within 24 weeks after the start of the pregnancy. An exception currently exists to allow an abortion after 24 weeks if a physician reasonably believes that an abortion is necessary to preserve the pregnant person’s life or health. Existing law also requires that abortions performed after the 24th week of pregnancy be performed in a hospital licensed by the State of Nevada.

If approved by the voters, this ballot measure would add a new section to Article 1 of the Nevada Constitution with the following information.

Section 1 of this amendment to the Nevada Constitution would create a “fundamental right to abortion.” This means that the Nevada Constitution would make abortion a legal option for all individuals, not just Nevadans, that is protected by the Nevada Constitution. The proposed amendment also includes the right to have an abortion procedure done by a qualified healthcare professional.

The amendment proposes that the right to an abortion would extend until “fetal viability, or when needed to protect the life or health of the pregnant patient.” “Fetal viability” means “the point in pregnancy when, in the professional judgment of the patient's treating health care practitioner, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.”

If the abortion would be necessary to protect the pregnant person’s life or health, the proposed amendment allows an abortion procedure to be carried out after the start of fetal viability.

The proposed amendment would also generally prevent the State of Nevada or any of its political subdivisions (e.g., the Nevada Legislature, county and city governments) from interfering with the constitutional right to abortion. State and local governments can interfere with this right only if they have a “compelling state interest” in doing so. A “compelling state interest” exists only if the government uses the least restrictive means to protect or improve the pregnant person’s life or health in ways that follow clinical standards of practice.

Section 2 of the proposed constitutional amendment states that if any part of the amendment is challenged in court, then the rest of the amendment is not affected and remains in force. This section ensures that the right to abortion is protected to the greatest extent possible in the event of future lawsuits.

The acceptable forms of identification include:

1. Nevada driver's license.
2. Identification card issued by the State of Nevada, any other State, or the US Government.
3. Employee photo identification card issued by the US government, Nevada government, or any county, municipality, board, authority, or other Nevada government entity.
4. US passport.
5. US military identification card.
6. Student photo identification card issued by a Nevada public college, university, or technical school.
7. Tribal photo identification.
8. Nevada concealed firearms permit.
9. Other form of government-issued photo identification that the Legislature may approve.

Voters who vote by mail ballot would need to include certain information so that election officials can use it to verify the voter’s identity. That information includes:

1. The last four digits of their Nevada driver's license number.
2. If the voter does not possess a Nevada driver's license, the last four digits of their Social Security number.
3. If the voter has neither a Nevada driver's license or a Social Security number, the number provided by the county clerk when the voter registered to vote.

A “Yes” vote would amend Article 2 of the Nevada Constitution to require in-person Nevada voters present certain identification and mail ballot voters to provide certain information in order to cast a legal ballot.

A “No” vote would keep the Nevada Constitution in its current form.

DIGEST

Under current law, Nevada voters must only show identification in certain situations. These situations are rare and related to the method and timing of how they register to vote.

Currently only voters who register to vote by mail or computer, or who preregisters to vote by mail or computer, and who has not previously voted in an election for federal office in Nevada must provide identification. Additionally, state law requires voters who register to vote online less than 14 days before an election must also vote in-person and present an identification and proof of residency.

If approved by a vote by the voters during the 2024 general election it would go to the 2026 general election ballot for additional approval. If approved there, the Nevada Legislature could create related laws through legislation during the 2027 Legislative Session and these changes would go into effect for the 2028 election cycle.