Nebraska voters will see dueling abortion amendments this fall

LINCOLN — Nebraska voters will decide the future of abortion rights in November, but unlike voters in other states, they will have competing choices.

Two separate proposed constitutional amendments on abortion qualified for the general election ballot, the Secretary of State’s Office announced Friday.

One proposal, by abortion-rights advocates, would codify a right to abortion in the Nebraska Constitution until fetal viability, as determined by a health care provider. 

Most medical experts set the age of viability between 22 and 24 weeks gestation, although critics of the measure say doctors could push that later.

The other proposed constitutional amendment, promoted by supporters of abortion restrictions, would constitutionally limit abortion to the first trimester of pregnancy.

It would also let the Legislature pass stricter bans than current law, which bans abortion after 12 weeks gestational age, or about 10 weeks after conception. 

Both sides celebrated clearing the hurdle of collecting at least 123,000 valid signatures from registered voters for an amendment, including 5% from voters in 38 counties.

Each side turned in more signatures than needed, but state and county election officials stopped counting when the number of valid signatures crested 136,000. The Protect Women and Children petition showed signatures from more parts of Nebraska when election officials stopped counting signatures. Protect Our Rights turned in slightly more signatures.

Both campaigns prepare for fall fight

Allie Berry, campaign manager for Protect Our Rights, the group behind the abortion-rights proposal, called Friday “an important next step for this campaign.”

“Nebraskans in every corner of the state believe in the freedom to make private health care decisions without political interference,” she said. 

Protect Women and Children issued a statement from a pharmacist and three nurses who support their effort: “Voters have the choice to reject an extreme, activist amendment that invites government intrusion between a woman and her doctor.”

The statement emphasized the measure’s language specifying exceptions for rape, incest and the life of the mother. Critics of the proposal have argued that the exceptions are written in ways that make them difficult to access.

Competing proposals a new reality

Secretary of State Bob Evnen credited election workers, who he said “are working hard to process several petitions” and meet key election deadlines.

Ballots must be finalized by Sept. 13. 

Evnen’s statement acknowledged the historic nature competing ballot measures being considered in the same election, for the first time in Nebraska.

The oddity of this arrangement means that if voters adopt or pass both measures, the one that receives the most votes will become law, Evnen said in May.

Gov. Jim Pillen, under state law, has the role of formally declaring after the election whether two competing ballot measures are in conflict.

Nebraska’s abortion fight is the first time nationally that competing abortion measures will appear on the ballot at the same time.

Political observers question how the competing ballot measures will affect the trend of voters backing abortion rights since the U.S. Supreme Court overturned Roe v. Wade in 2022. Abortion rights measures have passed in every state where they’ve been on the ballot since Roe.

Critics of Protect Women and Children’s proposal have said it is confusing on purpose to persuade signers that it would protect current law when it doesn’t. 

Critics of Protect the Right to Abortion’s proposal have said it goes too far and would outlaw the state’s current restrictions, including parental notification.

This story was originally published by the Nebraska Examiner