Decoding Nebraska's Ballot: No abortion after first trimester

A vote for 434 supports amending the state constitution to ban abortion after the first trimester unless deemed necessary by a medical emergency or the pregnancy is a result of sexual assault or incest.

Assistant Professor of Law at the University of Nebraska-Lincoln Brandon Johnson explains more. 

“It would essentially prevent any second or third trimester abortions that don’t fall into those exceptions,” Johnson said. “What it will allow, though, is the government being able to restrict abortion beyond that first trimester.”

A yes vote on competing initiative 439 supports amending the state constitution to establish a right to abortion until fetal viability. Meanwhile, initiative 434 adds a level of restriction, prohibiting abortion after the first trimester, or first three months of pregnancy.

If both measures fail, the legislature can continue to regulate abortion as they see fit, subject to the courts. 

“If you vote no on 434 because you want 439 to be governing law, well if 439 gets more votes, then there’s now a fundamental right to abortion up until fetal viability. And that would be enshrined into the constitution.” 

In 2024, 11 statewide ballot measures exist on ballots across the country, setting a record for a single year - a big deal nationwide, and Nebraska’s no different. The stakes are so high that several high profile female Husker athletes came out in support of 434, including volleyball star Rebekah Allick and softball ace pitcher Jordy Bahl with a commercial airing around the state.

This is also the first time Nebraska’s had conflicting initiatives go through the process.

“It’s pretty complicated if you only want one of them to pass,” Johnson said. “Explaining to voters ‘If you want 434, to be governing law, you have to vote against 439, if you want 439 to be governing law, you have to vote against 434’ that’s more complicated then a typical initiative.”