Competing abortion proposals highlight a record number of ballot measures in Nebraska
Anti-abortion advocates use their signs to block the sun during a rally near the north steps of the Nebraska State Capitol, Jan. 16, 2021 in Lincoln, Neb. Credit: AP/Kenneth Ferriera
OMAHA, Neb. — Nebraska will have a record number of petition-initiated measures on the ballot Tuesday, including two competing ones that address abortion rights. Nebraska is the first state to feature competing abortion amendments on the same ballot since the U.S. Supreme Court overturned Roe v. Wade in 2022, ending the nationwide right to abortion and allowing states to decide for themselves.
What are the competing abortion measures?
Initiative 434, which appears at the top of the ballot list, would enshrine in the state constitution Nebraska’s current 12-week abortion ban, which the Legislature passed in 2023 and which includes exceptions for cases of rape and incest and to protect the life of the pregnant woman.
Appearing last on the list is Initiative 439, which would amend the constitution to guarantee the right to have an abortion until viability — the standard under Roe that is the point at which a fetus might survive outside the womb. Some babies can survive with medical help after 21 weeks of gestation. The measure includes some exceptions, including allowing abortions later in pregnancy to protect the health of the pregnant woman.
What happens if both Nebraska abortion measures are approved?
Because they’re competing and therefore cannot both be enshrined in the constitution, the one that gets the most “for” votes would be adopted, the secretary of state’s office said.
Elections officials expect the competing measures to help drive high voter turnout, along with the hotly contested presidential race.
Abortion is on the ballot in several other states, as well. Coming into the election, voters in all seven states that have decided on abortion-related ballot measures since the reversal of Roe have favored abortion rights, including in some conservative states.
Who is behind the Nebraska measures?
The measure that would enshrine the 12-week ban in the constitution has been bankrolled by some of Nebraska's wealthiest people, including Republican Sen. Pete Ricketts, who previously served as governor and donated more than $1.1 million. His mother, Marlene Ricketts, gave $4 million to the cause. Members of the Peed family, which owns publishing company Sandhills Global, also gave $1 million.
Protesters chant during a final reading on a bill that combines a 12-week abortion ban with a measure to restrict gender-affirming care for minors, May 16, 2023, at state Capitol in Lincoln, Neb. Credit: AP/Kenneth Ferriera
The effort organized under the name Protect Women and Children is heavily backed by religious organizations, including the Nebraska Catholic Conference, a lobbying group that has organized rallies, phone banks and community townhalls to drum up support for the measure.
The effort to enshrine viability as the standard is called Protect Our Rights Nebraska and has the backing of several medical, advocacy and social justice groups. Planned Parenthood has donated nearly $1 million to the cause, with the American Civil Liberties Union, I Be Black Girl, Nebraska Appleseed and the Women’s Fund of Omaha also contributing significantly to the roughly $3.7 million raised by Protect Our Rights.
What other initiatives will be on Nebraska’s ballot?
Two measures, Initiative 437 and Initiative 438, would legalize the possession and use of medical marijuana, and allow for the manufacture, distribution and delivery of it.
Initiative 437 would let patients and caregivers possess up to 5 ounces (142 grams) of marijuana if recommended by a doctor. Initiative 438 would create the Nebraska Medical Cannabis Commission, which would oversee the private groups that would manufacture and dispense marijuana.
Nebraska Gov. Jim Pillen kisses newborn Gemma Pond at the signing ceremony of LB 574, a bill banning abortions after 12-weeks and restricting on gender-affirming care for minors, May 22, 2023, in Lincoln, Neb. Credit: AP/Justin Wan
The initiatives have been challenged in court over allegations that the petition campaign to put them on the ballot broke election rules. That means a judge could invalidate them even if voters approve them.
Also on the ballot, Referendum Measure 435 asks voters to retain or repeal a new conservative-backed law that allocates millions of dollars in taxpayer money to fund private school tuition.
And Initiative 436 would require all Nebraska employers to provide at least 40 hours of paid sick leave to their employees.
