State leaders are fighting against abortion rights in Florida and across the country
How will the SCOTUS leak play out in Florida?

FILE PHOTO: Protestors demonstrate outside U.S. Supreme Court as the court weighs Texas abortion law, in Washington
Unlike Florida, none of the other states require a supermajority for these initiatives to pass.

Florida is among 10 states deciding abortion initiatives in Tuesday’s election, an unprecedented event following the end of Roe v. Wade.

The votes are happening in battleground states, like Arizona and Nevada, blue states, such as New York, and red states, including Nebraska and South Dakota. Abortion is also on the ballot in Colorado, Maryland, Missouri and Montana.

Most of the initiatives, including Florida’s, would amend the state constitution to allow abortion until fetal viability, which is generally considered about 24 weeks, or later in instances to save the mother’s life.

But Florida’s Amendment 4 stands out because of the challenges it faces, said Chris Melody Fields Figueredo. Fields Figueredo is Executive Director of the Ballot Initiative Strategy Center, a progressive group involved in ballot measures nationally, including working with Florida’s.

None of the other states require a supermajority to pass, Fields Figueredo said, but Florida requires 60% support.

Polling shows the majority of Floridians support Amendment 4. But the question of whether the measure can cross the 60% threshold won’t be answered until the votes are counted.

Fields Figueredo called Gov. Ron DeSantis’ opposition against Amendment 4 “authoritarian” as DeSantis uses state resources to campaign against it.

“We have seen attempts by state government to try to stop these reproductive freedom ballot measures, but Florida really is taking it to a whole other level,” said Fields Figueredo who is traveling to Florida to help support the initiative.

Election police knocked on the doors of a small number of people who signed the petition to get in on the ballot, according to media reports, in an effort to investigate claims of voter fraud.

The latest episode of state involvement is the DeSantis administration sending cease and desist letters to TV stations a month before the election threatening criminal prosecution for playing a pro-abortion rights ad. A Judge later quashed the effort, extending a temporary restraining order past Election Day to prevent the state from making more threats.

But the sight of state leaders opposing abortion rights initiatives is not unique to Florida, according to the Brennan Center for Justice at the New York University School of Law, which tracked such efforts this election cycle.

For instance, the Arizona State Supreme Court allowed the Republican-controlled state Legislative Council to send mailers referring to fetuses as “unborn human beings.”

Montana Attorney General Austin Knudsen tried to keep abortion rights off the ballot because he argued the initiative was legally insufficient. Montana Secretary of State Christi Jacobsen also sought to change election rules to disqualify petitions signatures from inactive registered voters. However, the Montana Supreme Court overruled both state leaders.

Knudsen also tried to add a disclaimer onto the ballot language. But again, the state’s highest court ruled against him.

In Florida, Amendment 4 will include a “financial impact statement” written by DeSantis’ administration and a Heritage Foundation representative. Floridians Protecting Freedom, the political committee backing Amendment 4, lost its legal fight to throw the warning off the ballot.

Missouri lawmakers and anti-abortion advocates unsuccessfully tried to get the initiative off the ballot.

Anti-abortion advocates also filed a lawsuit to challenge the validity of the petition signatures in South Dakota.

In Florida’s Orange County, anti-abortion rights activists sued last month to challenge Tuesday’s election results if Amendment 4 passes.

Just like in Florida, Nebraska voters are deciding whether to protect abortion until fetal viability. But there’s a twist. In the same election, Nebraska voters will decide whether to ban abortion in the second and third trimesters after lawmakers added a second competing initiative on the ballot.

“It’s already confusing voters,” Fields Figueredo said of the tactic.

Gabrielle Russon

Gabrielle Russon is an award-winning journalist based in Orlando. She covered the business of theme parks for the Orlando Sentinel. Her previous newspaper stops include the Sarasota Herald-Tribune, Toledo Blade, Kalamazoo Gazette and Elkhart Truth as well as an internship covering the nation’s capital for the Chicago Tribune. For fun, she runs marathons. She gets her training from chasing a toddler around. Contact her at [email protected] or on Twitter @GabrielleRusson .


16 comments

  • Rita Joseph

    November 4, 2024 at 4:24 am

    No, state leaders are fighting against routine aborting of utterly defenseless little human beings already alive and flourishing in their mothers’ wombs.
    The deliberated killing of an innocent human being in her or his mother’s womb can never be a human right.
    No honorable system of justice can tolerate indefinitely the deliberate life-destroying premature eviction of a little daughter or son from her/his first home in her/his mother’s womb.

    Reply

    • Jojo

      November 4, 2024 at 8:32 am

      Is simple Rita- you don’t want an abortion, don’t get one. In the meantime as a woman I want autonomy over my own body

      Reply

      • Cookie Monster

        November 4, 2024 at 10:36 am

        As a male who gave the sperm to make a baby I have rights about the life that was created by a man and a woman. Women do not own the baby that was created with a male. Where are the dads rights? What if the dad wants to keep the baby, why does a woman decided to kill it?

        Reply

        • Dont Say FLA

          November 4, 2024 at 11:20 am

          Good point! Let’s compromise:
          For men, NO ABORTIONS!
          For women, it’s their own choice to make.

          That seems both fair and square.

          Reply

          • Justin Credubke

            November 4, 2024 at 3:12 pm

            Here’s a compromise: Getting an abortion is legal. Performing one is a felony. That seems fair and square.

            Maybe your mommy made the wrong “choice.”

        • cassandra was right

          November 4, 2024 at 1:53 pm

          Questions? Ask the woman who apparently didn’t want to be pregnant. Her opinion is the only one that matters. The best time to ask is BEFORE you impregnate her!
          If it’s in YOUR body, YOU decide.
          A baby is NOT created immediately when you donate your dna! How ridiculous! How sexist! It takes forty weeks of hard work and sacrifice BY A WOMAN to CREATE a baby! Now that you’ve publicized your ignorance, I hope some biological mothers step right up to set you straight!

          Reply

          • Al Sharpie

            November 4, 2024 at 3:18 pm

            If you don’t want a baby don’t get pregnant. All you pro-aborts must be anti-self control. Exception for rape: First question: Have you filed criminal charges? Because rape is a felony.

    • Kamala is Brat 🌴🥥🌴

      November 4, 2024 at 10:11 am

      Rita Josephs is pushing 70 years old and should have zero influence on America’s future. Her generation has left a huge mess for America’s youth to clean up.

      Reply

    • Dont Say FLA

      November 4, 2024 at 11:21 am

      What should we do about the utterly defenseless little human beings that spontaneous abort themselves? Catch them in a jar and lock them up?

      Reply

  • Michael K

    November 4, 2024 at 6:13 am

    He we go again: outsourcing public policy.
    It was Chris Rico who monetized anti-DEI and “don’t say gay” and the Federalist Society who placed ultra right wing judges. Now Heritage is directing the anti choice initiative.

    Florida leaders need to remember who they represent and stop interfering with the initiative process.

    The rights of women to make their own decisions needs to be restored. This Republican overreach needs to be soundly rejected. Our leaders need to stop using women as pawns in their lust for political power and control. Say no to forced birthing. Say yes to freedom to choose.

    Reply

  • LexT

    November 4, 2024 at 9:14 am

    This should not be a Constitutional Amendment. These should not be fundamental rights but should be covered under laws. Rights need to be simple and absolute. Legislation can be detailed and changed. Any abortion legislation should include exceptions, which should change. As viability changes so too would details in the legislation. On marijuana, there are legitimate regulations for alcohol. We want similar regulations for marijuana right? We did not make alcohol legal with the 21st Amendment, we allowed legislatures to make up their own laws. We are abusing our Constitutional Amendment process and in doing so going to create so unintended consequences.

    Reply

    • Ocean Joe

      November 4, 2024 at 10:26 am

      You’re right.

      Were our state government responsive to the majority of the public rather than special interests this wouldn’t be necessary.

      When you say we can have legislation, don’t forget which heavily gerrymandered legislature you’re talking about.

      Reply

    • Dont Say FLA

      November 4, 2024 at 11:18 am

      Constitutions are exactly where to enumerate rights such that so-called representative government can no longer misrepresent the governed on the topic.

      Reply

    • cassandra was right

      November 4, 2024 at 1:33 pm

      “Rights need to be simple and absolute.”

      The right to be free from government mandated use of one’s body for the benefit of another is simple — and ABSOLUTE.

      Reply

  • PeterH

    November 4, 2024 at 10:08 am

    NATIONWIDE
    75 million Americans have already voted. 56% of those voters are women and 44% of those voters are men. 34% of the 75 million are independent non-affiliated voters!

    Reply

  • Dont Say FLA

    November 4, 2024 at 11:16 am

    Leave it to the states. No, wait. Don’t.

    So which is it, GOP? Leave it to the states or not?

    Not, you say? Yeah, we all knew that already.

    Today’s GOP: Just a buncha flim flam jack holes

    Reply

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