LINCOLN, Neb. (KOLN) – Nebraskans will have the opportunity to use their ballots to determine the state’s course on abortion access on Election Day.

Initiative 439 would roll back the current 12-week abortion ban and Initiative 434 would add the existing ban to the state constitution. Because the two ballot measures are separate measures, they can both technically pass. In this case, the winner would be the initiative that receives more votes.

VOTER GUIDE: 2024 Nebraska General Election

“This is certainly the first time in modern history, but we are not aware of a case where a dual-initiative initiative has been put before voters who are in conflict,” Nebraska Secretary of State Bob Evnen said April.

Protect Our Rights, the campaign behind 439, has collected more than 200,000 signatures, which its director says shows the support of people across the state.

“It’s just about removing government interference and letting you know that doctors are making decisions in consultation with a woman, because it’s really not an area where we need politicians,” said Allie Berry, director of Protect Our Rights.

Initiative 439 would expand access to the point of fetal viability, determined by a patient’s doctor, but generally estimated to be around 24 weeks. In addition, access is possible at any time if necessary to protect the life or health of the patient.

Supporters and opponents expressed themselves at a public hearing on the initiative at the beginning of October.

“There’s a lot of talk about women’s rights when proponents of 439 talk,” Kate Leising, who opposes 439 and supports 434, said at the hearing. “However, have these advocates taken into account that half of these aborted babies are female? These are women. What about their rights? Without the right to be born, other rights have no meaning at all.”

Advocates championing the cause said the current 12-week ban, passed in 2023, isn’t working.

“I personally was a woman who miscarried at 16.5 weeks, and then I miscarried, too,” said Hannah Dumais, a field organizer with Protect Our Rights. “And I was sent home and had to wait until I was bleeding and almost dead before I had to come back. So I know from a personal perspective the impact it has on women.”

Initiative 439 is the last thing people will see on their ballot.

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