Nebraska voters will weigh two different abortion-related constitutional amendments this fall, with the secretary of state’s office certifying both measures Friday to appear on the ballot.
“Barring any legal challenges, this November general election ballot will host two ballot measures that appear in direct conflict with each other, which could be the first time this has happened in Nebraska’s history,” Secretary of State Bob Evnen said in a statement.
One proposed amendment, known as “Protect the Right to Abortion,” would amend the state’s constitution to say that “all persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient.”
The other proposed amendment, called the “Protect Women and Children,” bars abortions in the second and third trimesters, except in the case of a medical emergency or when the pregnancy is a result of sexual assault or incest.
Nebraska law currently bans abortion after 12 weeks of pregnancy, with exceptions for rape, incest and saving the mother’s life.
For a ballot measure to pass in Nebraska, it needs to receive a majority of the vote and at least 35% of the total votes cast in the election in favor of it. If both amendments pass, the one with the most votes prevails.
Nebraska is the tenth state to certify a ballot measure designed to protect or expand abortion rights this year, as part of an ongoing effort from reproductive rights advocates in the wake of the U.S. Supreme Court’s reversal of Roe v. Wade in 2022.
Democrats are hoping the ballot measures will help boost turnout in a critical presidential election cycle.
While Nebraska is not competitive statewide, it awards an Electoral College vote to the candidate who wins each of its two congressional districts, so both parties are targeting Nebraska’s swing 2nd District in Omaha. The district is also key to the fight for control of the narrowly divided House, with GOP Rep. Don Bacon running for re-election in a district President Joe Biden carried in 2020.
