During the Democratic primary for governor earlier this year, much debate was held over whether officials should work to amend the state Constitution to codify the right to an abortion. Several candidates, including eventual nominee Rep. Mikie Sherrill, said they supported such an effort, while some legal experts and abortion rights activists said the move would be unnecessary.
Such an amendment would have to be approved by three-fifths of both of New Jersey’s legislative chambers and then approved by voters in a referendum. Some states, though, allow their residents to bypass their respective legislators.
More than two dozen states offer residents some sort of citizen-led referendum process. Sherrill on Thursday said she’s open to implementing a public ballot initiative process, saying people should have the chance to have a more direct say on the issue.
“I think people should have the ability to weigh on this a little more directly,” the congresswoman said while visiting small businesses in Haddonfield. “And certainly I remain convinced we should have a constitutional amendment for abortion within the current mechanism, but certainly, I think having voters be able to weigh in on this to get it on the ballot would be important.”
A constitutional amendment on abortion was heavily considered in the fall of 2022, the autumn after the Supreme Court’s reversal of Roe v. Wade. Those efforts were called off at the request of key proponents, including Planned Parenthood of New Jersey. The right to an abortion is codified in New Jersey state law and in state-level court cases.
More than 20 states have held ballot referenda on abortion since Roe was overturned. The measures, many of which were citizen-led, have seen success, including some in red states like Montana and Ohio.
While the governorship and General Assembly are up for election this fall, the state Senate will not be up for election until 2027, leaving Democrats with guaranteed control of the chamber until then. Jack Ciattarelli, the Republican nominee for governor, has said he wants to find “common ground” on abortion rights; his issues page says he would aim to prohibit elective abortions after 20 weeks of pregnancy and implement other restrictions.

