SIOUX CITY (KTIV) – In Tuesday’s election, Nebraskans will vote on two competing measures that focus on abortion rights.

In 2023, Nebraska Governor Jim Pillen signed into law a ban on abortions after 12 weeks of pregnancy; with exceptions for sexual assault, incest and when there is a threat to the woman’s life.

On the Nebraska ballot in 2024, voters will decide between two opposing initiative measures, both of which seek to amend the state constitution.

If passed, Initiative 434 would amend the state constitution to ban second- and third-trimester abortions. There would be exceptions for medical emergencies, incest and sexual assault.

Initiative 439 grants a constitutional right to abortion up to “fetal viability.” Fetal viability would be determined by the “professional judgment of the patient’s attending physician,” according to Nebraska Secretary of State Bob Evnen.

Secretary Evnen says that in order to amend the Nebraska Constitution, the total number of “yes” votes must equal or exceed 35% of the total number of ballots cast in the election. This in addition to the fact that he received a simple majority of votes in favor of the initiative.

Secretary Evnen says if the initiative doesn’t get both, the initiative dies and has to start over from the petition process if it wants to get back on the ballot.

But what does it mean to write the new initiative into the state constitution versus making a new law? To overturn a state statute, you need a simple majority vote from the Nebraska Legislature and the governor’s signature. However, constitutional amendments can only be changed by a 60% vote in the state legislature and a vote of the people in elections; or, with the approval of another initiated constitutional amendment, placed on the ballot by a successful petition containing 10% of the state’s registered voters.

Once the constitutional amendment is in effect, the rest of the state statutes must fall in line with that amendment.

“All laws must be consistent with the Nebraska Constitution. To the extent that a law conflicts with the Nebraska constitution, that law cannot be enforced,” Secretary Evnen said. “So the Nebraska constitution is the supreme law of our state, and the laws that are passed by the legislature, the statutes that are passed, must comply with the requirements of the Constitution.”

With two separate initiatives, there is a chance that both will get the 50% +1 votes to pass. So what happens if both initiative measures get enough votes to pass?

“If they both win, then you’re going to take the measure that got the most actual yes votes, the most actual votes for that initiative, and if they both win, you look for the one that had the most votes, actual votes cast. in her favor, and this is the one that will enter the Constitution,” said Secretary Evnen.

Ten states will have votes on abortion laws this election. But Nebraska is the only one with two competing initiatives.

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