Idaho's 2026 Abortion Ballot Initiative (Prop 1) – Frequently Asked Questions

Idaho has one of the strictest abortion bans in the nation, with extremely narrow exceptions. Since Idaho's trigger ban went into effect in 2022, the Idaho legislature has done little to improve the dire state of reproductive healthcare in Idaho. The extreme and complex nature of Idaho’s abortion laws is linked to a significant loss of healthcare access in the state.

In response to the harm caused by Idaho’s abortion ban, Idahoans launched a citizen-led ballot initiative called the Reproductive Freedom and Privacy Act (known as “RFPA,” and “Proposition 1” or “Prop 1”) to begin the hard work of restoring reproductive rights in Idaho.

Prop 1 will be on the ballot for the 2026 General Election, which will take place on Tuesday, November 3, 2026. Check your voter registration status – or register to vote here. For more information on your rights as a voter in Idaho, review our KYR voter page.

Learn more about Prop 1 below.

Abortion Law in Other U.S. States.

1. Center for Reproductive Rights (2022) Kansans reject efforts to end state’s constitutional right to abortion.
2. Hodes & Nauser, MDs v. Schmidt, No. 114, 153, 440 P.3d 461 (Kan. 2019), a landmark Kansas Supreme Court ruling that determined abortion is a constitutionally protected right. See also: Hodes & Nauser v. Schmidt, 440 P.3d 461 (Kan. 2019) (“Hodes I”); Hodes & Nauser v. Stanek, 125,051 (Kan. 2024); Hodes v. Koback, 124,130 (Kan. 2024).
3. Missouri Constitutional Amendment to Article I, Related to Reproductive Health Care, version 10, 2024-086 (2024) established a state constitutional right to individual reproductive freedom while preserving state power to regulate abortion after fetal viability. Missouri voters approved Amendment 3 in November 2024.
4. Montana Constitution, Article II, Section 36 outlines the state constitutional right to “make decisions about pregnancy,” including abortion, allows the state to regulate abortion after fetal viability, and prohibits prosecution or punishment of reproductive decisions, including abortion.
5. State Court Report (2026) Failed Kansas ballot measure another victory for reproductive rights.

Notes: Several states regulate abortion in ways functionally identical to the stated aims of Prop 1. Below is a partial list of such states.

• Kansas: In Kansas, bodily autonomy is a right enshrined in the state’s constitution, affirmed by County District and State Supreme Courts and upheld by Kansas voters.
• Montana: Similarly, voters in our neighboring Montana approved an initiative that expressly codifies abortion rights protections in the state’s constitution.
• Missouri: Missouri voters established a state constitutional right to abortion through a citizen-led ballot initiative.

Idaho Initiative Process

1. Article III, Section I of the Idaho Constitution describes state legislative authority, which is vested in the State House and Senate, and notes Idahoans themselves have the power to approve or reject legislative actions (via referendum), as well as the power to propose, approve, and enact laws independent of the state legislature (via initiative).
2. Idaho Code Title 18, Chapter 47 governs Idaho state legislative power over proposing laws, amending laws and legislative proposals.
3. Idaho Initiative History (n.d.). Idaho Secretary of State.
4. Idaho Secretary of State (2025). Initiatives and Amendments.

Notes: Research on ballot initiative process conducted by author using data collected from Idaho Secretary of State, IDSOS Idaho Initiative History, and Idaho Secretary of State’s online Vote Idaho, Initiatives and Amendments.

Impacts of Idaho’s Abortion Laws

1. Boise State University (2026). 2026 Boise State Public Policy Survey.
2. McEachern, J.E., MD; et al., (2025). Change in number of OB/GYN physicians practicing obstetrics after Dobbs decision. JAMA Network.
3. Resneck Jr., J. (2024) Idaho abortion law undermines core medical ethics. American Medical Association.
4. Shae, M.E. (2025) Explained: A Primer on the Complicated Laws that Govern Reproductive Rights in Idaho and the Changes that We Can Make. Idaho State Bar (Information on state of Idaho abortion law as of 2025).

Notes: Boise State’s Public Policy Survey is an annual report of statewide survey results on current public policy. The report offers insight into survey respondents’ sentiment based on survey results; in 2026, the survey includes information on Idaho abortion and Idaho’s current abortion laws.

Shae’s 2025 article provides in-depth information on Idaho abortion law. Note, however, at least two additional lawsuits related to abortion have been filed since publication: Sayeb v. Members of the Idaho Board of Medicine 1:24-cv-00244-BLW (D.Idaho), which seeks to clarify health and life exceptions, and Mayday Health v. Labrador 1:26-cv-00334 (D.Idaho), which claims Idaho abortion laws violate speech protections. Litigation is ongoing, and state and federal policy are dynamic and evolving.

Resnek Jr.’s 2024 article provides analysis of the legal, professional, and personal burden Idaho laws bear on healthcare professionals.

Information on Prop 1

1. Ballotpedia (2026). Idaho Proposition 1, Reproductive Freedom and Privacy Act Initiative (2026).
2. Guido, L. and Corbin, C. (2026) Initiative to end Idaho’s strict abortion ban qualifies for November’s general election ballot. Idaho Capital Sun.
3. Idaho Capital Sun (2026). Idahoans United for Women and Families Archives.
4. Idaho Secretary of State. 2026 Initiatives and Amendments.
5. MultiState Elections (2026). Reproductive Freedom and Privacy Act Initiative.

Healthcare, Providers

1. Idaho Code §54-1304 Medical Ethics Defense Act, Right of Conscience of Health Care Providers
2. Reproductive Freedom and Privacy Act, §4(d)
3. Idaho Code §6-1012 Medical Malpractice
4. Idaho Code §18-611 Abortion and Contraceptives, Freedom of Conscience for Health Care Professionals
5. Reproductive Freedom and Privacy Act (2026), § 3 (a) (archived).

Notes: Section 4(d), Reproductive Freedom and Privacy Act affirmatively protects current medical right of conscience outlined in Idaho Code §18-611. Section 3(a), Reproductive Freedom and Privacy Act grants the state power to regulate abortion after fetal viability.

Idaho Abortion Laws (partial list)

1. Center for Reproductive Rights (2026). After Roe Fell: U.S. Abortion Laws By State (Idaho).
2. Idaho Code §18-604 Abortion and Contraceptives, Definitions
3. Idaho Code §18-608 Certain Abortions Permitted
4. Idaho Code § 18-613 Partial-Birth Abortions Prohibited
5. Idaho Code § 18-618 Civil Causes of Action
6. Idaho Code § 18-622 Defense of Life Act
7. Idaho Code § 18-623 Abortion and Contraception - Abortion Trafficking
8. Idaho Code §18-8705 No Public Funds for Abortion
9. Idaho Code § 18-8807 Fetal Heartbeat Preborn Child Protection Act

Notes: Idaho’s 2021 “No Public Funds for Abortion Act” (§ 18-8705, Idaho Code) criminalizes the use of public funds to promote, counsel in favor of, or provide abortions; a subsequent legal challenge clarified the law cannot be enforced in the context of academic speech, meaning public university professors are protected from criminal penalties under the law. See: Idaho Federation of Teachers v. Labrador, et al., 1:23-cv-00353 (U.S. District Court for the District of Idaho).

Litigation

1. Idaho Federation of Teachers v. Labrador, et al., 1:23-cv-00353 (U.S. District Court for the District of Idaho), establishing professors are protected from criminal charges for speech on abortion in academic settings.
2. Matsumoto et al. v. Labrador No 1:23-cv-323, challenging Idaho’s “abortion trafficking” law.
3. Mayday Health v. Labrador 1:26-cv-00334 (D. Idaho 2026) concerning speech rights and abortion-related speech restrictions.
4. Moyle v. United States 23-726, arguing Idaho abortion law violates federal emergency care provisions.
5. PPGNHIK v. Labrador No. 1:23-cv-00142-BLW, challenging Idaho Attorney General’s legal opinion that healthcare providers cannot refer patients out of state for an abortion
6. Seyb v. Members of the Idaho Board of Medicine, et al., 1:2024cv00244 (D. Idaho 2026) sought to clarify health exceptions under Idaho abortion law. The Court enjoined the law (to allow health-based abortions) but quickly narrowed relief to apply only to the plaintiff, meaning all other healthcare providers still risk prosecution for providing health-preserving abortions.
7. St. Luke’s Health System v. Labrador No. 1:25-cv-015, arguing Idaho abortion restrictions conflict with federal Emergency Medical Treatment and Active Labor Act (EMTALA).