Nebraska Votes to Protect the Unborn, Adds Abortion Restrictions to

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The state also voted to legalize medicinal marijuana use, though the initiative could be invalidated in court.

A months-long battle over abortion law in Nebraska ended on Nov. 5 as voters rejected an effort to establish a right to abortion and codified protections for the unborn instead.

Initiative 434, the “Protect Women and Children” amendment, declares that “unborn children shall be protected from abortion in the second and third trimesters” of pregnancy, except in cases involving rape, incest, or medical emergencies. The effect will be a ban on all abortions after 12 weeks’ gestation.

The amendment passed with 55 percent of the vote, winning out over a competing initiative (Initiative 439) that would have established a “fundamental right” to abortion until fetal viability or to protect the mother’s life or health.

Although the race was close, a slim majority (51 percent) of voters rejected the pro-abortion amendment.

At present, Nebraska limits most abortions to within the first 12 weeks of pregnancy, with exceptions for cases involving rape, incest, or a medical emergency. The adopted amendment will not change those parameters, but it will make it more difficult for abortion proponents to enact future laws to extend them.

Initiative 434 and Initiative 439, the “Protect the Right to Abortion” amendment, were the subject of three lawsuits in the lead-up to the election as opponents of both challenged their adherence to the state’s single-subject requirement for ballot initiatives.

The Nebraska Supreme Court ultimately denied all three petitions, approving both initiatives for the ballot.

Celebrating the election’s results on Nov. 6, March for Life applauded Nebraskans for their decision.

“When voters know the truth about dangerous and far-reaching abortion amendments appearing on their ballots, they reject them wholeheartedly,” the group said in a statement.

“March for Life also applauds the people of Nebraska for the successful passage of pro-life Issue 434. Nebraskans have voted to create protections for the unborn in the 2nd and 3rd trimester, to preserve health and safety standards between a woman and her doctor and to safeguard parental rights. Congratulations!”

Without mentioning the defeat, Planned Parenthood Advocates of Nebraska released a statement early on Nov. 6, thanking the supporters who helped to promote the pro-abortion amendment.

Medical Marijuana

Medicinal marijuana use was also on the Nebraska ballot, with 71 percent of voters favoring legalization.

Initiative 437 will allow patients and caregivers to possess up to 5 ounces of marijuana if recommended by a health care practitioner.

Another initiative that proposed a legal framework for regulating such an industry was likewise approved.

The adoption of the two measures came with drama. Two individuals have been charged in an alleged petition fraud scheme in the past months.

Petition circulator Michael Egbert of Grand Island was charged on Sept. 13 with falsely swearing to a circulator’s affidavit on a petition, a class IV felony. He stands accused of writing down names out of a phone book, including the names of deceased individuals, on both petitions.

Weeks later, on Oct. 2, state officials announced charges against Jacy Todd, a notary public from York who also co-owns Herban Pulse, a CBD health and wellness shop. Todd faces 24 counts of official misconduct for allegedly notarizing petition pages outside the presence of petition circulators.

The findings prompted a civil trial seeking to have the ballot measures invalidated.

Egbert is a key witness in the trial.

Lancaster County District Judge Susan Strong ruled on Nov. 1 that votes on the initiatives could still be counted despite the ongoing trial. The judge also denied a request to delay the trial until after the criminal investigation has concluded.

It remains to be seen whether the court will nullify the two initiatives after the election.

Austin Alonzo contributed to this report.