Nebraskans will vote on two opposing abortion ballot measures in November
Secretary of State Bob Evnen announced Aug. 23 that organizers gathered enough signatures to put both measures on the ballot.
Nebraska will be the only state where voters will have a choice between two opposing abortion measures on Nov. 5, the first time it will have competing questions on the ballot.
Secretary of State Bob Evnen announced Aug. 23 that supporters of two abortion petition efforts had gathered enough signatures to put the measures on the ballot.
One ballot measure would guarantee abortion rights in the state constitution, while the other would enshrine the state’s 12-week abortion ban in the state constitution. Evnen said the measure that gets the most votes will become law.
“As far as the Nebraska Secretary of State’s office is aware, Nebraska has never before had two conflicting petition efforts make the same ballot,” Evnen said in a news release.
According to the independent health policy group KFF, 10 states will have abortion questions on the ballot.
The fight over abortion rights moved to the states after the U.S. Supreme Court, in Dobbs v. Jackson Women’s Health Organization, overturned the 1972 Roe v. Wade decision and the 1992 Planned Parenthood v. Casey decision, returning to each state the power to regulate abortion.
The ballot measure put forward by the coalition Protect Our Rights would constitutionally guarantee the right to get an abortion “until fetal viability … or when needed to protect the life or health of the pregnant patient.” The coalition includes the ACLU of Nebraska, the Women’s Fund of Omaha, Nebraska Appleseed, Planned Parenthood Advocates of Nebraska, and the Nebraska Civic Engagement Table.
The opposing measure put forward by the group Protect Women and Children would amend the state constitution to prohibit abortions after 12 weeks’ gestation “except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest.” The coalition promoting the measure includes the Catholic Conference, Nebraska Right to Life, and the Nebraska Family Alliance.
Allie Berry, the campaign manager for Protect Our Rights, said in a news release that she believes most Nebraskans support abortion rights.
“Nebraskans in every corner of the state believe in the freedom to make private health care decisions without political interference,” she said. “Now, they can make this a reality in November.”
Nate Grasz, the policy director for the Nebraska Family Alliance, said in an email to the Nebraska Independent, “Nebraskans are stepping up to protect women and children from the abortion industry’s extreme proposal that would legalize late-term abortion, eliminate parental rights, and pave the way for taxpayer-funded abortion.”
Nebraska lawmakers in 2023 changed the statutory limit for abortions from 20 weeks to 12 weeks. The Protect Women and Children ballot measure would allow lawmakers to change the limit again.
The Nebraska Supreme Court on July 26 upheld a state law that bans most abortions after 12 weeks. The high court ruled that Nebraska lawmakers did not violate the state constitution by passing the measure, which dealt with multiple unrelated subjects. The state law combined the 12-week abortion ban with a measure banning gender-affirming care for minors; critics argued those were two distinct subjects and therefore the state law was unconstitutional.
The court ruled the law that included the 12-week abortion ban was constitutional because it dealt broadly with medical care.
Petitions to put the measures on the ballot need signatures from at least 10% of registered Nebraska voters, or about 123,000 voters. The signatures must come from at least 5% of registered Nebraska voters in 38 of the state’s 93 counties.
