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Nebraska Initiative 434, Prohibit Abortions After the First Trimester Amendment (2024)
| Nebraska Initiative 434 | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Abortion | |
| Status | |
| Type Constitutional amendment | Origin Citizens |
Nebraska Initiative 434, the Prohibit Abortions After the First Trimester Amendment, was on the ballot in Nebraska as an initiated constitutional amendment on November 5, 2024.[1][2] The ballot measure was approved.
A "yes" vote supported amending the state constitution to prohibit abortions after the first trimester unless necessitated by a medical emergency or the pregnancy is a result of sexual assault or incest. |
A "no" vote opposed amending the state constitution to prohibit abortions after the first trimester unless necessitated by a medical emergency or the pregnancy is a result of sexual assault or incest. |
Election results
See also: Results for abortion-related ballot measures, 2024
|
Nebraska Initiative 434 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
509,288 | 54.94% | ||
| No | 417,624 | 45.06% | ||
Overview
What did the amendment do?
- See also: Text of measure The measure amended Article I of the Nebraska Constitution to add a new section providing that "unborn children shall be protected from abortion in the second and third trimesters" except in cases of medical emergencies or pregnancies resulting from sexual assault or incest. As of 2024, abortion was legal up to the 12th week of pregnancy in Nebraska state law.[1]
This measure added the status of abortion to the state constitution. As a constitutional amendment, any further change would require either a 60% vote in the state legislature and voter approval at an election or the approval of another initiated constitutional amendment placed on the ballot via a successful petition containing 10% of the state's registered voters. A state statute requires a simple majority vote by the Nebraska State Legislature and the governor's signature.
How did this measure relate to Initiative 439?
Voters in Nebraska decided on competing ballot measures on abortion. Voters approved Initiative 434, which prohibited abortions after the first trimester, except for medical emergencies or cases related to rape or incest. Voters defeated Initiative 439, which would have established a "fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient."
Secretary of State Bob Evnen (R) said, "[T]his 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." He said Gov. Jim Pillen (R) would have been responsible for determining whether there was a conflict if both passed.[3]
The competing measures were also significant because this was the first time voters anywhere decided on conflicting abortion-related ballot measures on the same ballot.
What was the status of abortion in Nebraska?
- See also: Background
In Nebraska as of 2024, abortion, abortion was banned after 12 weeks of pregnancy. The law banning abortion after 12 weeks, LB 574, was signed by Gov. Jim Pillen (R) on May 22, 2023. Exceptions included saving the life of the mother, preventing serious risk to the physical health of the mother, and if the pregnancy was a result of rape and/or incest.[4]
What states have decided on abortion ballot measures in 2022 and 2023?
- See also: History of abortion ballot measures
In June 2022, the U.S. Supreme Court ruled in Dobbs. v. Jackson Women's Health Organization that there is no federal constitutional right to abortion and overturned Roe. v. Wade, placing many abortion policy decisions with the states. From 2022 to 2023, seven ballot measures addressing abortion have been on the ballot, with 2022 having the highest number of abortion ballot measures on record in a single year. Four measures—in Vermont, Michigan, and California in 2022, and Ohio in 2023— were sponsored by campaigns that described themselves as pro-choice and created state constitutional rights to abortion. All four measures were approved. Three measures—in Kansas, Kentucky, and Montana— were sponsored by campaigns describing themselves as pro-life and were designed to explicitly provide that there is no right to abortion in the state constitution. All three were defeated.
What states voted on abortion ballot measures in 2024?
The following table provides a list of abortion-related measures that were on the ballot in 2024:
| State | Date | Measure | Description | Outcome |
|---|---|---|---|---|
| Arizona | Nov. 5, 2024 | Right to Abortion Initiative | • Establishes the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability | |
| Colorado | Nov. 5, 2024 | Right to Abortion Initiative | • Provide a constitutional right to abortion in the state constitution and allow the use of public funds for abortion | |
| Florida | Nov. 5, 2024 | Florida Amendment 4 | • Provide a constitutional right to abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider | |
| Maryland | Nov. 5, 2024 | Right to Reproductive Freedom Amendment | • Amend the Maryland Constitution to establish a right to reproductive freedom, defined to include "decisions to prevent, continue, or end one's own pregnancy" | |
| Missouri | Nov. 5, 2024 | Right to Reproductive Freedom Amendment | • Amend the Missouri Constitution to provide the right for reproductive freedom, and provide that the state legislature may enact laws that regulate abortion after fetal viability | |
| Montana | Nov. 5, 2024 | CI-128, Right to Abortion Initiative | • Amend the Montana Constitution to provide a state constitutional "right to make and carry out decisions about one’s own pregnancy, including the right to abortion" | |
| Nebraska | Nov. 5, 2024 | Prohibit Abortions After the First Trimester Amendment | • Amend the Nebraska Constitution to provide that "unborn children shall be protected from abortion in the second and third trimesters" | |
| Nebraska | Nov. 5, 2024 | Right to Abortion Initiative | • Amend the Nebraska Constitution to provide that "all persons shall have a fundamental right to abortion until fetal viability" | |
| New York | Nov. 5, 2024 | Equal Protection of Law Amendment | • Add language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." | |
| Nevada | Nov. 5, 2024 | Right to Abortion Initiative | • Establish the constitutional right to an abortion, providing for the state to regulate abortion after fetal viability, except where medically indicated to protect the life, physical health, or mental health of the pregnant woman. | |
| South Dakota | Nov. 5, 2024 | Constitutional Amendment G | • Provide a trimester framework for regulating abortion in the South Dakota Constitution |
Text of measure
Ballot title
The ballot title for Initiative 434 was as follows:[1]
| “ | Shall the Nebraska Constitution be amended to include a new section which provides: 'Except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters.'
[ ] For [ ] Against[5] |
” |
Ballot summary
The ballot summary for Initiative 434 was as follows:[1]
| “ | A vote 'FOR' will amend the Nebraska Constitution to provide that, except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters.
A vote 'AGAINST' will not amend the Nebraska Constitution in such manner.[5] |
” |
Object statement
The object statement on the circulating petition was:[1]
| “ | The object of this petition is to amend the Nebraska Constitution to provide that except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters.[5] | ” |
Constitutional changes
- See also: Article I, Nebraska Constitution
The ballot measure added a Section 31 to Article I of the Nebraska Constitution. The following underlined text was added:[1]
Readability score
- See also: Ballot measure readability scores, 2024
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 12, and the FRE is 38. The word count for the ballot title is 50.
The FKGL for the ballot summary is grade level 17, and the FRE is 29. The word count for the ballot summary is 58.
Support
Protect Women and Children led the campaign supporting Initiative 434. Protect Women and Children also led the campaign to oppose Initiative 439.[6]
Supporters
Officials
- U.S. Sen. Pete Ricketts (R)
- Gov. Jim Pillen (R)
- State Sen. Tanya Storer (Nonpartisan)
- University of Nebraska Board Regent Robert Schafer (Nonpartisan)
- University of Nebraska Board Regent Jim Scheer (Nonpartisan)
Organizations
- Common Sense Nebraska
- Nebraska Catholic Conference
- Nebraska Family Alliance
- Nebraska Right to Life
- Priests for Life
- Susan B. Anthony Pro-Life America
Arguments
Opposition
Protect Our Rights led the campaign opposing Initiative 434. Protect Our Rights also led the campaign to support Initiative 439.[7]
Opponents
Former Officials
- New York City Mayor Michael Bloomberg (D)
Organizations
- ACLU of Nebraska
- Ballot Initiative Strategy Center
- Black in Action Collective
- Freedom From Religion Foundation
- Hopewell Fund
- Nebraska Appleseed
- Nebraska Civic Engagement Table
- New Venture Fund
- Planned Parenthood Action Fund
- Planned Parenthood Advocates of Nebraska
- Reproductive Freedom For All
- Second House Collaborative
- The Fairness Project
- Think Big America
- Women’s Fund of Omaha
Arguments
Campaign finance
Protect Women & Children registered in support of Initiative 434 and in opposition to Nebraska Initiative 439, the Right to Abortion Initiative. Protect Our Rights registered in opposition to Initiative 434 and in support of Nebraska Initiative 439.[8]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $7,742,302.32 | $4,974,819.53 | $12,717,121.85 | $7,736,555.06 | $12,711,374.59 |
| Oppose | $12,935,936.35 | $2,962,655.61 | $15,898,591.96 | $10,511,165.90 | $13,473,821.51 |
| Total | $20,678,238.67 | $7,937,475.14 | $28,615,713.81 | $18,247,720.96 | $26,185,196.10 |
Support
The following table includes contribution and expenditure totals for the committee in support of the measure.[8]
| Committees in support of Initiative 434 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Protect Women & Children | $7,742,302.32 | $4,974,819.53 | $12,717,121.85 | $7,736,555.06 | $12,711,374.59 |
| Total | $7,742,302.32 | $4,974,819.53 | $12,717,121.85 | $7,736,555.06 | $12,711,374.59 |
Donors
The following were the top donors who contributed to the support committee.[8]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Marlene Ricketts | $4,000,000.00 | $0.00 | $4,000,000.00 |
| Jim Scheer for Regent | $0.00 | $3,242,455.00 | $3,242,455.00 |
| Pete Ricketts | $1,115,000.00 | $0.00 | $1,115,000.00 |
| Common Sense Nebraska | $245,000.00 | $820,616.13 | $1,065,616.13 |
| Shawn Peed | $1,050,000.00 | $0.00 | $1,050,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to the measure.[8]
| Committees in opposition to Initiative 434 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Protect Our Rights | $12,935,936.35 | $2,962,655.61 | $15,898,591.96 | $10,511,165.90 | $13,473,821.51 |
| Total | $12,935,936.35 | $2,962,655.61 | $15,898,591.96 | $10,511,165.90 | $13,473,821.51 |
Donors
The following were the top donors who contributed to the opposition committee.[8]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| New Venture Fund | $2,000,000.00 | $0.00 | $2,000,000.00 |
| The Fairness Project | $1,500,000.00 | $290,617.95 | $1,790,617.95 |
| Planned Parenthood Advocates of Nebraska | $1,507,500.00 | $180,113.45 | $1,687,613.45 |
| Ashlei for Nebraska | $765,814.96 | $765,814.96 | $1,531,629.92 |
| Michael Bloomberg | $1,500,000.00 | $0.00 | $1,500,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Polls
- See also: 2024 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| Nebraska Initiative 434, Prohibit Abortions After the First Trimester Amendment (2024) | ||||||
|---|---|---|---|---|---|---|
| Emerson College Polling | 9/26/24-10/2/24 | 1000 RV | ± 3% | 46% | 41% | 13% |
| Question: "On the ballot measure to prohibit abortion after the first trimester, except in cases of medical emergencies or if the pregnancy is the result of sexual assault or incest, would you vote yes, to ban abortion after the first trimester, or no, in opposition?" | ||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.
Background
Status of abortion in Nebraska
In Nebraska, as of 2024, abortion was banned after 12 weeks of pregnancy. This law went into effect when Gov. Jim Pillen (R) signed LB 574 into law on May 22, 2023. Exceptions after 12 weeks of pregnancy included saving the life of the mother, preventing serious risk to the physical health of the mother, and if the pregnancy was a result of rape and/or incest.[4]
U.S. Supreme Court rulings on abortion
Dobbs v. Jackson Women’s Health Organization (2022)
In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.[9]
On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.
Roe v. Wade (1973)
In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[10]
The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.[10]
Abortion regulations by state
As of September 4, 2025, 41 states restricted abortions after a certain point in pregnancy.[11] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:
- Twelve states restrict abortion after conception
- Four states restrict abortion at six weeks post-fertilization
- Two states restrict abortion at 12 weeks post-fertilization
- Zero states restrict abortion at 15 weeks post-fertilization
- One state restricts abortion at 18 weeks since the last menstrual period
- Three states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
- Four states restrict abortion at 24 weeks since the last menstrual period
- Fourteen states restrict abortion at fetal viability
- One state restricts abortion in the third trimester
The maps and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.
Some of the terms that are used to describe states' thresholds for abortion restriction include the following:
- Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.[12]
- Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[13][14]
- Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[15]
- Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[13]
- Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.[16]
- Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.[16]
