The state has two competing abortion ballot measures, and anti-choice groups are resorting to increasingly desperate tactics to confuse voters as to which is which.
In response to the surge in the 2024 abortion vote, lawmakers and anti-choice groups are turning to increasingly desperate tactics to block their passage.
In a historic move, Nebraska voters will find two competing measures to end abortion on their ballots. According to Proposition 434, proposed by Protect Women and Children Nebraska, “unborn children should be protected from second- and third-trimester abortions.” Another, Initiative 439, led by Protect Our Rights, argues that “all people should have a fundamental right to an abortion until the fetus is viable.”
This isn’t the first time a controversial ballot measure has been put before voters, but it’s the first time abortion has been the subject of this surprising legal instrument. The Nebraska Supreme Court ruled that the ballot with the highest number of votes would be upheld.
Since the landmark decision of the Supreme Court Dobbs v. Jackson Women’s Health Orgpro-choice advocates fought to enshrine abortion rights in state constitutions, and a competing ballot measure only sowed confusion among Nebraska voters. In July, more than 300 Nebraskans signed affidavits removing their names from a pro-abortion petition circulated by Protect Women and Children, claiming they were misled into signing. One woman claimed that a man forced her to sign a petition, calling it a “pro-choice” measure. Other voters were told they could sign up for their entire family — a violation of Nebraska law.
These shenanigans continued throughout the campaign, reaching higher stakes as the election neared. A recent ad released by Protect Women and Children Nebraska mimics the imagery and language of the pro-choice movement. The ad claims that a vote for Proposition 434 would lead to “scientific standards that protect us,” while Proposition 439 would lead to “vague, unscientific laws that invite government intrusion.” The ad ends without mentioning that Protect Women and Children Nebraska supports the abortion ban. By contrast, an ad published by Protect Our Rights a few months earlier clearly states that its motivation is to “cut down the abortion ban.”
“All they want to do is cause confusion,” said Eli Berry of Protect Our Rights, the group behind Initiative 439. “They know the majority of Nebraskans believe in what we’re doing, so they just do everything possible to basically try to destroy us because we have popular opinion.’
Current issue
An October poll found a majority of Nebraskans in favor both abortion measures, 44 percent for Proposition 439 and 46 percent for Proposition 434. Ultimately, the measures need 50 percent or more to pass, and pro-choice advocates are optimistic they have the support. “Most Nebraskans believe that decisions about pregnancy and abortion should be made by the woman and her doctor,” says Berry. The 2022 poll also found that 60 percent of Nebraskans “strongly” or “somewhat” oppose stricter abortion bans.
The outcome of this race has dire consequences for the people of Nebraska. Nebraska currently prohibits abortions after 12 weeks, except in cases of rape or incest, or to save the life of the mother. Lucy, a woman from Nebraska who spoke with Nationand her husband tried for a second child within a year. During an anatomic scan, a routine procedure that checks fetal development, she was told her fetus could have a rare genetic condition and there was a 95 percent chance it would not survive the pregnancy.
Lucy had to make an impossible decision. She could carry the fetus to term and risk infection or other devastating health consequences. Or she could have gone to another state to have an abortion. “The doctor was very cold,” says Lucy. “We just got the worst news and were just told, ‘Well, you can go to X, Y and Z.’
The couple weighed their options and were told to go to Colorado or Illinois, neighboring states with lenient abortion laws. But Lucy didn’t want to stay in a cold hotel room, she explains, in an unfamiliar state. So she contacted a family member on the East Coast and they discussed their options. Eventually, Lucy managed to find a clinic that could support her. “I was honored to leave a state and have the means to leave a state,” she said, “when there are a lot of women out there who don’t.”
“At what point did they determine that the mother’s life was in danger?” Lucy says. “Nebraska, they won’t do anything until you’re literally on your death bed. They won’t until they know 100 percent you’re going to die.” Because of the vague wording of the abortion ban — “saving the life of the mother” — many doctors are reluctant to perform necessary preventive procedures for fear of losing their medical license or going to jail.
Lucy ended up traveling to the East Coast to have an abortion and stayed with a family member. After a few difficult days, she was able to return to Nebraska. This experience prompted her to tell her story. “I get really frustrated dealing with it, and it makes me want to talk more and be more truthful,” she says.
According to Berry, the Nebraska case has serious implications for the tactics anti-abortion groups may use in the future. “If (this tactic) is successful here, they will try it in every state,” Berry said.
Since Dobbs v. Jacksonseven states have enacted abortion-related measures. Access to abortion prevailed overwhelmingly, and no anti-abortion amendment was passed. A recent Gallup poll found that only 12 percent of Americans believe abortion should be illegal under all circumstances. This lack of support has led lawmakers and anti-choice groups to use increasingly misleading tactics to advance their anti-choice agendas.
For example, in Florida, Governor Ron DeSantis declared “voter fraud” and tried to withdraw signatures on a petition in support of abortion. In Missouri, lawmakers sued the secretary of state for putting a pro-abortion initiative on the ballot, and failed. In Arkansas, election officials rejected a pro-abortion vote, saying the group did not follow proper procedure, which the group denies.
“The government is willing to go to great lengths to spread misinformation that can be incredibly harmful, particularly around health, patient care, abortion, and they’re using taxpayers’ money to do it,” said Natasha Sutherland, director of Yes on 4 to protect abortion rights in Florida.
popular
“Swipe to the bottom left to see more authors”Swipe →
These lawsuits and accusations simply distract from the real consequences of the abortion ban, Sutherland says. It’s unclear how successful the tactic will be — although abortion legislation is extremely popular, a recent poll of Florida voters fell short of the 60 percent threshold needed to pass the amendment.
When Lucy returned to Nebraska, her community was embroiled in a conflict over abortion rights. Lucy says that even those closest to her were misinformed about the electoral measures. “We are not villains,” she emphasizes. “We are women. We are women with all kinds of stories.”
Can we count on you?
The future elections will decide the fate of our democracy and basic civil rights. The conservative architects of Project 2025 plan to institutionalize Donald Trump’s authoritarian vision at all levels of government if he wins.
We have already seen events that fill us with both horror and cautious optimism – throughout this, Nation was a bulwark against misinformation and a defender of bold, principled perspectives. Our dedicated writers interviewed Kamala Harris and Bernie Sanders, exposed J.D. Vance’s right-wing populist appeals, and discussed the path to victory for the Democratic Party in November.
Stories like this one and the one you just read are vitally important at this critical juncture in our nation’s history. Now more than ever, we need insightful independent journalism with in-depth coverage to make sense of the headlines and separate fact from fiction. Donate today and join our 160-year legacy of speaking truth to power and elevating the voices of grassroots advocates.
Through 2024 and what will likely be the defining election of our lifetimes, we need your support to continue publishing the insightful journalism you’ve come to expect.
thank you
Editors Nation
More from Nation
The Republican-funded poll is simply not credible; the presidential race will be very close.
A conversation with the first female speaker of the House of Representatives about fighting Republican extremists and making sure Democratic presidents can achieve epic victories.
Despite their attempts to rewrite history, Trump’s track record proves that he will make it easier for corporations to pollute our air, poison our water, and allow toxic chemicals into our food…
To win in 2024, Harris and Waltz must wholeheartedly embrace a populist vision that makes people’s economic self-determination as important as control over their own bodies…
