# 2024 Nebraska Initiative 439

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Nebraska Initiative 439, officially titled "Nebraska Right to Abortion Initiative", was a proposed constitutional amendment that appeared on the November 5, 2024 ballot in Nebraska. If passed, it would have amended the Nebraska Constitution to establish a right to abortion until fetal viability. It and Initiative 434 were mutually exclusive; the one with more votes in favor would become law in the event both amendments passed.
Initiative 439 failed after 51% of Nebraskan voters voted against it, with only 49% voting in favor. On the contrary, Initiative 434, an amendment that restricts abortion after the first trimester, passed with just under 55% voting in favor.

## Background
### Legislative history

In April 2023, LB626, the Nebraska Heartbeat Act, failed 32–15, falling one vote short of the 33 votes needed to end a filibuster. If enacted, the bill would have outlawed abortion at six weeks with exceptions for rape, incest, and medical emergency.
Then, after LB626 failed in April, after Ben Hansen voted against LB626, he amended LB574 to add abortion. In May 2023, LB574, the Adopt the Let Them Grow Act, approved 33–15, was one vote above of the 33 votes needed to end a filibuster. Nebraska enacted a law banning most abortions after 12 weeks of pregnancy, with exceptions for cases of rape, incest, and to save the life of the pregnant person. This law replaced the previous 20-week abortion ban.

#### Nebraska Heartbeat Act vote

The bill was failed by the Senate on April 27 by a 32–15–2 vote. Senators Justin Wayne and Ben Hansen did not vote. Later, Ben Hansen modified his vote to yea.
Unicameral vote :
| Party | Party | Votes for | Votes against | Not Voting |
| | Democratic (17) | 1 Mike McDonnell | 15 | 1 Justin Wayne |
| | Republican (33) | 31 | – | 1 Ben Hansen |
| Total (49) | Total (49) | 32 | 15 | 2 |

#### Adopt the Let Them Grow Act vote

The bill was approved by the Senate on May 19 by a 33–15–1 vote. Senator Justin Wayne did not vote.
Unicameral vote :
| Party | Party | Votes for | Votes against | Not Voting |
| | Democratic (17) | 1 Mike McDonnell | 15 | 1 Justin Wayne |
| | Republican (33) | 32 | – | – |
| Total (49) | Total (49) | 33 | 15 | 1 |

#### Aftermath

A November 2022 Hart Research poll found that 59% of Nebraskans opposed further abortion restrictions, with 48% strongly opposed, while only 36% supported additional bans, revealing increased support for abortion rights across both rural and urban areas and all congressional districts compared to earlier polling.
In response to this new restriction, citizens began a petition to place a constitutional amendment on the 2024 ballot that would protect abortion rights in Nebraska.

## Ballot measure

The proposed amendment would add the following text to Article I of the Nebraska Constitution:
   All persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. Fetal viability means the point in pregnancy when, in the professional judgment of the patient's treating health care practitioner, there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures.

## Polling

| Poll source | Date(s) administered | Sample size | Margin of error | For | Against | Undecided |
| SurveyUSA | August 23–27, 2024 | 1,293 (RV) | ± 3.5% | 45% | 35% | 21% |

## Results

Initiative 439 :
| Choice | Votes | % |
| No | 473,652 | 50.99 |
| Yes | 455,184 | 49.01 |
| Total votes | 928,836 | 100.00 |
| Source: Secretary of State of Nebraska |||

### By congressional district

Despite losing the state, "Yes" won 2 of 3 congressional districts, both of which elected Republicans.
| District | Yes | No | Representative |
| 1st | 52% | 48% | Mike Flood |
| 2nd | 59% | 41% | Don Bacon |
| 3rd | 36% | 64% | Adrian Smith |