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Louise Thomas
Editor
Nebraska voters will have the chance to decide if abortion should be legal up to the point of viability or if the state should enshrine its 12-week ban in November, making it the 10th state to put the issue of abortion directly in the hands of residents.
On Friday, the Nebraska Secretary of State’s Office confirmed that the general election ballot would include competing abortion measures for the first time in the state’s history.
The Protect the Right to Abortion amendment, 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.
The other, Protect Women and Children, would prohibit abortions after the first trimester – 12 weeks – but allow it in cases of rape, incest or medical emergencies. This is the state’s current law on abortion.
If both measures obtain enough “for” votes to pass, the measure with the highest number of “for” votes prevails.
Here’s where else abortion is on the ballot across the nation.
Arizona
The Arizona Secretary of State’s Office confirmed on August 12 that Proposition 139 will be on the November ballot.
The measure will ask voters if the state should establish a fundamental right to abortion in the Arizona Constitution. It would prohibit the state from outlawing abortion before the point of fetal viability – around 24 weeks – and allow for abortion after that point so long as a physician determines it is necessary to protect the health of a pregnant person.
Abortion is currently banned in the state after 15 weeks.
Colorado
On May 17, the Colorado Secretary of State’s office announced that voters will vote on Initiative 89 in November.
The measure would enshrine the right to abortion in the state’s constitution as well as prohibit state and local governments from impeding the ability to access abortion even through health care insurance.
Abortion is currently legal in Colorado.
Florida
The Florida State Supreme Court ruled on April 1 that Amendment 4 will appear on the November ballot.
The measure bars the state government from imposing laws that prohibit, penalize, delay or restrict abortions before the point of viability or when necessary to protect a pregnant person’s health.
Florida currently has a 6-week abortion ban but includes exceptions in cases or rape or incest, to save a pregnant person’s life or health, and if the fetus is not expected to survive the pregnancy.
Maryland
On March 31, the Maryland legislature passed an amendment confirming that Question 1, a proposal enshrining the right to reproductive freedom in the state’s constitution, would be on the ballot in November.
Abortion is legal in Maryland.
Missouri
Missouri voters will decide on Amendment 3 during the general election, the Secretary of State’s Office declared on August 13.
The measure would amend the state’s constitution to include the right to reproductive freedom which includes allowing for abortion up until the point of fetal viability and after as long as a health care professional determines it is necessary.
Abortions are illegal in Missouri except to save the pregnant person’s life or prevent serious risk of physical harm.
Montana
The Secretary of State confirmed on August 21 that a constitutional proposal that enshrines the right to abortion up to the point of viability will be on the November ballot.
Abortion is legal in Montana up until the point of viability.
Nebraska
Nebraska’s general election ballot will include two proposed measures related to abortion – one to enshrine the right to an abortion up to the point of viability and the other to enshrine the state’s 12-week abortion ban, the Secretary of State announced on August 23.
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.
Abortions are legal up to 12 weeks in Nebraska and after in cases of rape, incest or save the life of a pregnant person.
Nevada
Voters in the state will vote on Question 6, which would enshrine the right to abortion up to the point of fetal viability and after in order to protect the life or health of the pregnant person, the Nevada Secretary of State’s office confirmed on June 28.
Abortion is legal in Nevada up to 24 weeks and after to save the life of the pregnant person.
New York
In June, a state appeals court reinstated Proposal 1 to the November ballot, which would amend the state constitution to add protections to pregnant people, pregnancy outcomes and reproductive healthcare and autonomy.
New York permits abortion up to 24 weeks and after to protect the life and health of a pregnant person or if a physician determines the fetus will not survive.
South Dakota
On May 17, South Dakota certified that Amendment G will be on the ballot in November
Amendment G would prohibit the state from interfering with abortion during the first trimester, allow the state to regulate abortion in ways that “reasonably related to the physical health of the pregnant woman” and permit the state to regulate or prohibit abortion in the third trimester except in cases to preserve the pregnant person’s life or health.
Abortions are outlawed in South Dakota except to save a pregnant person’s life.
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