Voters in Nebraska will decide on two abortion-related ballot measures on Nov. 5. The ballot initiatives would contradict. One, the Right to Abortion Initiative, would amend the Nebraska Constitution to provide for a state constitutional right to abortion until fetal viability. The other ballot measure, the Prohibit Abortions After the First Trimester Initiative, would prohibit abortion in the second and third trimesters, except for medical emergencies or when a pregnancy results from sexual assault or incest.
With the certification of the two ballot initiatives, the total number of abortion-related ballot measures on the ballot in 2024 to 11—the most on record for any given year. There are no more abortion-related measures pending for the general election.
The two ballot initiatives are notable for several reasons: they are the first abortion-related measures ever decided by voters in Nebraska, the first instance of competing ballot initiatives in the state’s history, and the first time in U.S. history that competing abortion-related measures have appeared on a ballot.
Regarding competing ballot measures, the state constitution says, “If conflicting measures submitted to the people at the same election be approved, the one receiving the highest number of affirmative votes shall thereby become law as to all conflicting provisions.” State law authorizes the governor to determine the points of conflict between the two measures.
Abortion is currently legal up to the 12th week of pregnancy in Nebraska.
In Nebraska, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10% of registered voters as of the deadline for filing signatures. Because of the unique signature requirement based on registered voters, Nebraska is also the only state where petition sponsors cannot know the exact number of signatures required until they are submitted. As of July 1, the secretary of state reported 1,234,652 registered voters, making the estimated signature requirement 123,465 valid signatures. Nebraska law also features a distribution requirement mandating that petitions contain signatures from 5% of the registered voters in each of two-fifths (38) of Nebraska’s 93 counties.
Protect Our Rights, the campaign behind the right-to-abortion initiative filed more than 207,000 raw signatures. The secretary determined over 136,000 signatures were valid and the distribution requirement was met in 47 counties.
The campaign is endorsed by the ACLU of Nebraska, Planned Parenthood Advocates of Nebraska, Women’s Fund of Omaha, Nebraska Civic Engagement Table, and Nebraska Appleseed.
Protect Women and Children is sponsoring the amendment to prohibit abortion after the first trimester. The campaign submitted over 205,000 raw signatures, of which over 136,000 were found to be valid. The petition also met the distribution requirement in 86 counties.
The campaign is endorsed by the Nebraska Catholic Conference, Nebraska Right to Life, and Susan B. Anthony Pro-Life America.
The other nine abortion-related measures will be on the ballot in Arizona, Colorado, Florida, Maryland, Missouri, Montana, New York, Nevada, and South Dakota. All nine are sponsored by campaigns that describe themselves as pro-choice.
Nebraskans will also be deciding on an initiated state statute that would require Nebraska businesses to offer earned paid sick leave for employees—up to seven days for businesses of at least 20 employees and five days for businesses with fewer than 20 employees.
Signatures are still being verified for the following petitions in Nebraska:
- A referendum to repeal Legislative Bill 1402, which authorizes the state treasurer to administer an education scholarship program with a $10 million budget,
- A law to legalize medical marijuana in the state, and
- A second measure to regulate medical marijuana.
The deadline for the Nebraska Secretary of State to certify the ballot is Sept. 13.
Between 2010 and 2022, an average of eight initiatives were filed each election cycle with an average of one certified for the ballot. In 2024, 10 ballot initiatives were filed, and three have been certified.
Additional reading: