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Nebraska endorses the ban and Florida’s measure fails
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Nebraska endorses the ban and Florida’s measure fails

Topline

Nebraska voters narrowly approved a state measure limiting abortion in the first trimester on Tuesday, as the state and Florida became the first states since Roe v. Wade was overturned to break ballot measures against abortion rights — though four other states did so. have so far voted to protect reproductive rights. (This page will be updated as results come in.)

Key facts

Florida: Amendment 4 would have amended the state constitution to make clear that no law “shall prohibit, penalize, delay, or restrict abortion before it is viable or when necessary to protect the health of the patient, and the existing six would overturn the state’s weeks-long abortion ban — and while the amendment would receive 57% of the vote as of 9:15 p.m. EST, short of the 60% needed to pass, the Associated Press expects.

Missouri: The Right to Reproductive Freedom amendment, which the Associated Press touted with 53% support Wednesday as of noon EST, will override the state’s near-total abortion ban, with the state constitution specifying that the state cannot interfere with a person’s “fundamental right to reproductive freedom”. reproductive freedom” or prosecuting someone for having or assisting in an abortion.

Colorado: The right-to-abortion proposal, which the AP endorsed with 61.5% support as of 10:30 p.m. EST, would add the right to abortion to the state constitution, also specifying that the state restrict health insurance coverage for cannot refuse abortion – although the state has currently done so. few abortion restrictions.

Maryland: The Right to Reproductive Freedom Amendment, which was pushed by the Associated Press at 9:30 PM EST with 74% supporting it, will amend the state constitution to say that people have “the right to reproductive freedom,” including “decisions to prevent, continue, or terminate one’s own pregnancy,” even though abortion is already legal in the state.

New York: The Equal Protection Law Amendment, which the AP championed with 72.3% support at 9:30 PM EST, would more broadly change anti-discrimination language in the New York Constitution, including adding protections against discrimination based on “ pregnancy, pregnancy outcomes, and reproductive health care and autonomy,” keeping abortion legal in the state.

Arizona: Proposition 139 would create a “fundamental right to abortion” in the state constitution, which would prohibit the state from banning abortion before a fetus is viable and would overturn the state’s 15-week ban. (The polls closed at 9:00 PM EST and no results have been reported yet; a simple majority needed to be met.)

Montana: Constitutional Initiative No. 128 would allow abortion until the fetus is viable, and then, if medically necessary, amend the state constitution to “expressly provide for the right to make and carry out decisions about one’s own pregnancy, including the right to abortion,” further ensuring that access to abortion in the state cannot be taken away after courts previously upheld this. (The polls closed at 10:00 PM EST and the vote is still too early for voting; a simple majority must be achieved.)

Nebraska (anti-abortion access): The state had two competing abortion measures on the ballot, with the AP reporting as of 1 a.m. EST that the anti-abortion rights measure had passed with 53.8% support; it will enshrine the existing 12-week ban in the state constitution, banning abortion after the first trimester except in cases of rape, incest or medical emergencies.

Nebraska (abortion access): The state’s other abortion measure would legalize abortion until the fetus is viable or when medically necessary, overturning the state’s 12-week ban. (The polls closed at 9:00 PM EST and the vote is still too early to call; a simple majority of at least 35% of the total votes cast in the election had to be passed.)

Nevada: The Right to Abortion Initiative would guarantee the “fundamental right to abortion performed or performed by a qualified physician until the viability of the fetus, or when necessary to protect the life or health of the pregnant patient,” although abortion in the state is already allowed. (The polls closed at 10:00 PM EST and no results have been reported yet; a simple majority needed to pass, but would then also have to pass a second time in 2026.)

South Dakota: Amendment G would overturn the state’s current ban and impose escalating restrictions on abortion up to pregnancy, allowing abortion without any restrictions within the first trimester of pregnancy, abortion in the second trimester only for a reason that “ reasonably related to the physical health” of the pregnant person, and abortion in the third trimester only when necessary for the life or health of the pregnant person. (The polls closed at 9:00 PM EST and voting was too early for voting, a simple majority had to be met.)

What to pay attention to

It remains to be seen how long it will take for all races to be called, as that will depend on how close the races are.

Crucial quote

“Tonight, Floridians made their voices heard loud and clear, demanding an end to the restrictive six-week abortion ban,” Floridians Protecting Freedom, the main group advocating for the state’s abortion measure, said in a statement Tuesday evening. “Although Amendment 4 remained just below 60%, a clear majority of voters have demanded that lawmakers repeal the extreme abortion ban”

What we don’t know

Whether and how the anti-abortion ballot measures could help or hurt Vice President Kamala Harris and former President Donald Trump in the states they’ve been taken to. Democrats have traditionally seen that anti-abortion ballot measures would help boost their candidates, believing that more Democratic voters will be persuaded to vote because they want to support the ballot measure, and then also vote for Harris. Trump campaign political director James Blair told The Washington Post that the Trump campaign believes the ballot measures could actually help them because polls show abortion ballot measures are more popular than Harris, suggesting voters are losing their vote will divide to support both abortion remaining legal and Trump. . That’s because voters may think that their vote to preserve state abortion access means they don’t have to consider it a key issue for the presidential race, and will therefore support Trump even though he is more likely to will take action against abortion rights. Both lines of thought could have major consequences for the presidential election, as abortion is on the agenda in the major swing states of Arizona and Nevada.

Big number

56%. That’s the share of American voters in an October YouGov poll who broadly said they would support a hypothetical ballot measure in their state that enshrines the right to an abortion before fetal viability in their state’s constitution , in line with polls showing a majority of Americans support abortion. remain legal and oppose abortion bans. That said, a 53% majority also said they would support banning abortions after the third trimester, except in cases of rape, incest and medical emergencies, as Republicans have decried abortions later in pregnancy.

Main critics

This year’s anti-abortion ballot measures were met with fierce opposition from Republicans and anti-abortion advocates in the states where they were brought. Measures in states like Missouri, Montana and New York were allowed to remain on the ballot by judges after legal challenges were raised against them, for example, and while the measure will appear on the ballot, lawsuits over the referendum in South Africa are still pending Dakota. Florida’s abortion ballot measure has come under the most attack as GOP Gov. Ron DeSantis’ administration has opposed the measure, including a state health agency setting up a website to advocate against it, DeSantis launching an investigation into signatures supporting the measure and the governor suggesting the state would file criminal charges against television stations that air ads supporting the measure. A judge issued a restraining order preventing the DeSantis administration from taking action against television advertising. As a result, the state ruled that the state was “trampling” on freedom of expression.

Important background

Abortion ballot measures have become a key tool for abortion rights advocates to maintain access to the procedure after the Supreme Court overturned Roe v. Wade in June 2022. The measures have become a way for abortion rights advocates to sway public opinion in favor of abortion. of legalizing the procedure, overruling anti-abortion lawmakers in states that have banned or threatening to ban abortion, and ensuring that even if abortion is legal in a given state, lawmakers will not be able to ban it in the future. Kansas was the first state to put abortion on the ballot in August 2022, followed by California, Kentucky, Michigan, Montana and Vermont in the 2022 midterm elections and Ohio voting on abortion rights in 2023. All races have broken in favor of abortion rights, part of a broader trend of pro-abortion rights candidates winning at the ballot box in races where abortion is a central issue.

Read more

ForbesWhat Americans really think about abortion: the sometimes surprising poll results as the DNC gets underway
ForbesThis is where abortion comes up in November – while Nebraska’s measures are upheld in court