LINCOLN — In a close race between two competing abortion initiatives in Nebraska, voters favored solidifying the state's current 12-week ban.

Voter approved Initiative 434, which would add a ban on abortions after the first trimester into the Nebraska Constitution. Voters rejected Initiative 439, which would have enshrined the right to abortion.

Initiative 434, known as the Protect Women and Children campaign, was approved 55.3% to 44.7% Wednesday morning. Initiative 439, known as the Protect Our Rights campaign, which would have expanded abortion access up to "fetal viability," was rejected 48.7% to 51.3%.

"I am deeply moved by the faith and conviction shown by Nebraskans in the two abortion-related ballot initiatives. Initiative 434 passed, enshrining pro-life protections in our Constitution that cannot be watered down by pro-abortion politicians. Simultaneously, Nebraskans rejected Initiative 439 and its radical creation of a fundamental right to abortion. It is a great day for unborn babies in Nebraska," Nebraska Gov. Jim Pillen said in a statement released Wednesday morning.

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Each initiative needed a majority of "yes" votes in order to succeed. If both had receive enough votes to pass, the initiative with the higher number of "yes" votes would have made it into the state constitution.

Abortion rights have been a top issue on the ballot across the country since 2022, when the U.S. Supreme Court overturned landmark abortion ruling Roe v. Wade. Among the 10 states with the issue on the ballot this year, Nebraska was the only one to feature two competing measures.

Initiative 434 would amend the Nebraska Constitution to ban most abortions after the first trimester but also leave room for lawmakers to increase restrictions in the future.

Initiative 439 would amend the state's constitution to establish the right to an abortion up until "fetal viability," which is generally considered to be 23 to 24 weeks of pregnancy.

The campaigns prompted huge donations, with their combined contributions nearly surpassing $20 million through late October. Initiative 434 raised over $8 million, most of which came from the Ricketts and Peed families — two major GOP donors in Nebraska. The Ricketts family, which includes U.S. Sen. Pete Ricketts, donated over $5.1 million of the total funding, while the Peed family donated $1.5 million.

Initiative 439 raised over $11.7 million since the start of its campaign, with roughly $4.5 million donated in the first three weeks of October. Its notable donors include Michael Bloomberg, who donated $1.5 million, and The Fairness Project, which donated over $1.7 million.

Following the U.S. Supreme Court's 2022 ruling, Nebraska lawmakers limited the state's abortion availability to 12 weeks based on gestational age. But anti-abortion politicians in the state have said they are interested in pursuing further restrictions, up to a full ban, potentially.

In response, abortion rights activists launched the Protect Our Rights campaign last year, with the Protect Women and Children campaign launching several months later in an effort to provide an alternative on the ballot that would protect the state's current restrictions. In July, both campaigns submitted more than 200,000 signatures as part of their petition drives.

Abortion rights proved to be a top motivator that drove Nebraskans to the polls, as a collection of voters told The World-Herald.

“I just think it’s my right and other women’s rights to be able to say what they do with their body," Laura North, 34, said Tuesday after she voted at Omaha's Order Sons and Daughters of Italy. "I think it’s important to be able to have access to health care that’s life-saving and keeps me in mind instead of other people in government."

Voting at Faith Presbyterian Church in La Vista, Mary Jo Gunnels said the abortion measures were important to her, as well.

"Because I'm pro-life except if someone is raped (or a victim of) incest or something is wrong with the baby," Gunnels said.

Lawsuits, ads and confusion



Shortly after Secretary of State Bob Evnen confirmed that both petition drives met the minimum requirements to qualify for the ballot, multiple lawsuits were filed against the abortion rights initiative, asking the Nebraska Supreme Court to remove it from the ballot. The suits alleged that the initiative violated a provision in the state constitution that limits ballot measures to a single subject.

In response to the lawsuits, a group of nearly 30 medical professionals filed a separate lawsuit in an attempt to defend the abortion rights initiative. It asked the high court to treat both ballot measures the same — either remove both or keep both on the ballot.

In September, the high court rejected all three lawsuits, allowing both initiatives to remain on the ballot.

Since then, both campaigns have gone on a media blitz, releasing multiple video advertisements that have raised concerns about voter confusion. Many of the ads make similar claims about their opponents, alleging they are lying to voters and seek to harm women. They have also posted letters signed by hundreds of local health care professionals advocating for the benefits of their initiatives.

In response to the bevy of ads, Gov. Jim Pillen hosted a press conference to correct what he considered misinformation about Nebraska's current abortion ban, including claims that state law doesn't allow treatment for miscarriages and ectopic pregnancies. Nebraska's chief medical officer, Timothy Tesmer, who was present at the event, later issued a health alert out of concern for "incorrect and misleading information" about the Preborn Child Protection Act.

Members of Protect Our Rights described the event as "propaganda," "misleading" and "insulting." None of their ads have claimed ectopic pregnancies can't be treated under the current law, although some ads say the 12-week ban threatens women's lives because doctors can't treat them even if their pregnancies won't survive.

Amidst the concerns of voter confusion and election integrity, Susan Goracke, a Douglas County Election Commission inspector, said the biggest problem Tuesday was people mis-voting on the two initiatives. By noon, about 10 people had asked to revote, said Goracke, who has worked polls for more than 20 years. Typically, she only sees one or two in a whole day.

World-Herald staff writers Steve Liewer and Marjie Ducey contributed to this report.

Photos: 2024 Election Day watch parties in Nebraska



Attendees gather during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Rep. Mike Flood walks around the room during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

Deanna Reilly watches as the Presidential race is shown on television during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Rep. Don Bacon talks to supporters during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

William Pate, of Sitka, Alaska, left, Ella Lubin, of Sitka, Alaska, center, and David Foster, of San Francisco, make last-minute calls to voters in support of Dan Osborn, at Embassy Suites in La Vista, on Tuesday, Nov. 5, 2024.

With results still too close to call, State Sen. Tony Vargas stands with his mother, Lidia Vargas, left, and his wife, Lauren Vargas, right, after speaking to supporters during an election night watch party at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Tyler Anthony of Gretna warms up before he is scheduled to sing at a watch party for U.S. Senate candidate Dan Osborn at Embassy Suites in La Vista, on Tuesday, Nov. 5, 2024.

U.S. Sen. Deb Fischer talks to supporters during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

From left: U.S. Sen. Pete Ricketts, Joe Ricketts and Tom Ricketts talk during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

Eugene Pitt walks past a wall of “Tony Vargas for Congress” signs at an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Eugene Pitt, left, takes a photo of Connie McMillan and Kenneth Hill Sr. in front of a wall of “Tony Vargas for Congress” signs at an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Will Ramsey, left, of Omaha, tapes up Dan Osborn signs on the wall as Mike Gage, center, and Brad Halligan, right, both of North Platte, Neb., talk before the Osborn watch party at Embassy Suites in La Vista, on Tuesday, Nov. 5, 2024.

Attendees socialize during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Benjamin Shaw, left, Lauren Keane, center, and Norah Shaw, react to results of the Nebraska U.S. Senate race at a Dan Osborn watch party at Embassy Suites in La Vista, on Wednesday, Nov. 6, 2024.

From left, Briana Casillas, Garrett Connely and Jon Grant look at local election results as they start to come in during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Myriah Johnson peels off a sticker to hand to an attendee during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Attendees file in during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Gov. Jim Pillen speaks during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

Rep. Adrian Smith speaks during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

U.S. Sen. Pete Ricketts speaks during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

Susanne Shore reacts as her husband, U.S. Sen. Pete Ricketts, speaks during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

U.S. Sen. Deb Fischer speaks during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

Attendees cheer as some results are shown from ballot measure 437 Initiative Legalize Medical Marijuana during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Attendees watch results come in during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Attendees watch on as results from the U.S. Senate race with Pete Ricketts and Preston Love Jr. are shown on a TV during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

Supporters gather during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

Chelsea Richardson, center right, points to a board projecting election results to Kyle Carson, right, both of Lincoln, at a Dan Osborn watch party at Embassy Suites in La Vista, on Tuesday, Nov. 5, 2024.

Kris Sun, center, of Aurora, Colo., wears a jacket with the shape of Nebraska on the back at a Dan Osborn watch party at Embassy Suites in La Vista, on Tuesday, Nov. 5, 2024.

Jeff Gordon, left, and Monica Hansen, right, both of Kearney, Neb., watch as election results are displayed at a Dan Osborn watch party at Embassy Suites in La Vista, on Tuesday, Nov. 5, 2024.

Attendees cheer as the first results shown show State Sen. Tony Vargas leading over U.S. Rep. Don Bacon during an election night watch party for Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

An attendee’s silhouette is projected onto a "Tony Vargas for Congress" sign during an election night watch party for Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Linda Jensen watches with concern as the Presidential race is shown on television during an election night watch party for State Sen. Tony Vargas at the Kimpton Cottonwood Hotel in Omaha on Tuesday, Nov. 5, 2024.

Rep. Mike Flood gives his speaks during the Republican election night watch party at the Beardmore Event Center in Bellevue on Tuesday, Nov. 5, 2024.

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