Nebraska will have competing abortion measures on its November ballot

Nebraska has never had two competing measures on the same ballot

Nebraska has become the 10th state to put abortion on the ballot but an abortion rights measure will compete with an anti-abortion measure (AP)

Nebraska’s general election ballot will include two proposed measures related to abortion: one that would guarantee the right to an abortion up to the point of viability and the other to enshrine the state’s 12-week abortion ban.

On Friday, Nebraska Secretary of State Robert Evnen confirmed both measures had met the required number of signatures to appear on the November 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,” Evnen said in a press release.

One proposed amendment, Protect the Right to Abortion, establishes a “fundamental right” for every person to have an abortion up until the point of viability — generally believed to be around 24 weeks — or in cases to protect the life and health of the pregnant person.

Protect Our Rights, the organizers behind the Protect the Right to Abortion amendment, said they submitted 207,000 signatures to the secretary of state in July.

Abortion rights protestors chantedat the Nebraska legislative chamber during a final reading on a bill that combined a 12-week abortion ban with a measure to restrict gender-affirming care for people under 19 in May of 2023 (AP)

The other measure, Protect Women and Children, would prohibit abortions after the first trimester — 12 weeks — but allow it after in cases of rape, incest or medical emergencies. This is the state’s current law on abortion.

After the Supreme Court overturned Roe v. Wade in 2022, Nebraska allowed abortions up to 20 weeks. But last year, the state legislature passed a much stricter 12-week ban.

Nebraska Family Alliance, the group behind the Protect Women and Children amendment, said they submitted more than 205,000 signatures.

The secretary of state’s office said that 312 individuals asked for their names to be removed from the Protect Women and Children petition. Only 14 people asked the same for the Protect the Right to Abortion petition.

In order for one of the ballot measures to pass it needs more “for” votes than “against” votes and must receive at least 35 percent of the total votes cast at the election to be in favor of the measure.

If both measures obtain enough “for” votes to pass, the measure with the highest number of “for” votes prevails.

Nebraska is the 10th state to add an abortion measure to its November ballot. It joins Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nevada, New York and South Dakota.