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Nebraska votes to ban abortion after first trimester

Scripps News and Decision Desk HQ project Nebraska voters will approve a law that bans abortions later in pregnancy.
The Nebraska State Capitol building in Lincoln.
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Scripps News and Decision Desk HQ project Nebraska voters will approve a law that bans abortions later in pregnancy.

Nebraska Initiative 434 supports legislation already put forward by the Republican legislature and signed into law by the state's Republican governor. It bans abortion after the first trimester. It includes exceptions for medical emergencies, rape and incest.

The measure may conflict with another ballot initiative up for vote this year, Initiative 439, which would amend the state's constitution to provide access to abortion until fetal viability, which is at the end of the second trimester around 24 weeks. It also has life of the mother exceptions and very clearly states that it's up to the practitioner to determine viability.

On Wednesday votes were still being counted to determine whether Initiative 439 would pass.

Nebraska's Republican Secretary of State Bob Evnen said if both measures pass, Republican Gov. Jim Pillen will have to determine if a conflict exists according to state law.

Right now, Nebraska bans abortions after 12 weeks of pregnancy. That law went into effect in June of 2023. It includes exceptions for saving the life or health of the mother and for rape or incest.