LINCOLN, Neb. – Today, Nebraska Gov. Jim Pillen signed proclamations confirming November’s election results, a requirement under state law for ballot measures to take effect.
Those results included passage of Initiative 434, a constitutional amendment to ban abortion after roughly 12 weeks of pregnancy with exceptions for sexual assault, incest and the life of the patient. Doctors have previously raised concerns about the clarity and workability of these exceptions, and the fact that Initiative 434 included no exception for cases of fatal congenital disorders. Because the amendment matches Nebraska’s current statutory ban, there will be no immediate changes to current abortion access.
During signature collection and in the runup to Election Day, Initiative 434 relied on disinformation to advance its campaign, including presenting itself as a “pro-choice” initiative and running ads referencing government interference in health care. Initiative 434 received just under 55% of the vote. An initiative to protect abortion rights in Nebraska received just over 49% of the vote.
ACLU of Nebraska Policy Director Scout Richters made this statement on the governor’s proclamation:
“Anti-abortion politicians got what they wanted: the loss of an initiative to protect abortion rights through a rival campaign that relied on deceit,” Richters said. “As a result, Nebraskans needing care after 12 weeks will have to continue to flee the state or carry pregnancies against their will. Although there is no question that Nebraska is taking a step backward by adding our current abortion ban to the state constitution, Nebraskans should not lose sight of how close this race was. Despite a well-funded disinformation campaign, hundreds of thousands of us voted to end the current abortion ban and put decisions about pregnancy and abortion back with patients and trusted health care providers. It is clear Nebraskans do not support more restrictions on their personal and private health care decisions. Lawmakers must respect that.”
Initiative 434 included no protection for patients seeking abortion care, meaning state lawmakers can seek to pass more restrictive abortion bans. Pillen has expressed support for a total abortion ban, even though anti-abortion advocates have admitted most Nebraskans oppose outlawing abortion.
State law prevents the constitutional ban from being repealed or changed via the petition process until after the midterm elections in November 2026.
