voters in Nebraska and South Dakota will see several special ballot measures on their ballots.
Those measures are essentially questions where voters can change the functioning of taxations or determine the path for abortion access.
In fact, there are abortion ballot measures in both states. In South Dakota, the abortion measure is one of seven ballot measures.
If the proposed Constitutional Amendment G is passed by voters, it would put the right to abortion access into the state constitution. A U.S. Supreme Court ruling to overturn Roe v. Wade in 2022 pushed the responsibility of abortion law on individual states.
The South Dakota Legislature controlled by Republicans then passed a restrictive abortion policy, with the procedure outlawed entirely – including in cases of rape or incest, unless the life of the mother is at stake.
Dakotans for Health is the group that sponsored Amendment G, while the Life Defense Fund is working to oppose the abortion rights measure.
Dakotans for Health co-founder Rick Weiland has predicted that “the total abortion ban that requires women who have been raped to carry to term and (that) terrifies doctors who are just trying to provide proper medical care to their patients” will be overturned.
A second measure that will be on the South Dakota ballot is Initiated Measure 28, which is an effort to eliminate the state’s sales tax on food.
South Dakota is one of 13 states that tax foods that people buy at the store. Initiated Measure 28 says the state may not tax the sale of anything sold for human consumption, except alcoholic beverages and prepared food.
Supporters call it a long-overdue effort to take the tax burden off low-income families and individuals.
Opponents have criticized the wording of the measure as broader than just groceries. They said it could cause a budget crunch by preventing the state from collecting sales tax on “consumable” items such as tobacco, toothpaste and toilet paper.
Estimates for the loss of state revenue range from $124 million to $646 million annually.
Moving to the state of Nebraska, as in South Dakota, there is also an abortion measure in the Cornhusker State.
In fact, there are two, which makes for an election quirk.
Nebraska’s Supreme Court had the final say a few weeks ago that two rival abortion initiatives can appear on the November ballot.
The decision by justices followed oral arguments where a lawyer representing a Nebrasks neonatologist who told justices the initiative aiming to expand abortion rights until fetal viability unconstitutionally combined two subjects.
The ruling leaves voters to decide between expanding abortion access or keeping the 12-week limit in the November election. If both proposals are approved by a majority of voters, whichever receives the most votes will be adopted into the Nebraska constitution, according to a state that dates to 1912.
Allie Berry is with Protect Our Rights, the organization behind the measure aiming to guarantee abortion until fetal viability.
“We feel good about our position and we know that we have the majority. Because at the end of the day, people don’t want the government involved in their personal healthcare decisions,” Berry said.
The amendment that would allow future restrictions to abortion in Nebraska and is supported by Nebraska’s most prominent anti-abortion groups. The Ricketts family, including U.S. Senator Pete Ricketts, has donated more than $2 million to the effort.
Nebraskan Andrew Shradar signed a petition in support of abortion restrictions.
“I believe that it’s a human being at conception,” Shradar said. “Protecting the unborn is what needs to be done
Rachel Rebouché, a reproductive and family law expert and dean of Temple University’s law school, said that twist will make outreach even more important for each campaign.
She said having to choose between 12 weeks and fetal viability is going to slice voters up in different ways.
“Each side has a stable group of supporters. But how are they going to reach people who have abortion ambivalence and convince them that their stance is the best option?” Rebouche said.
Additionally, Nebraskans will be able to vote on legalizing medical marijuana.
A third ballot measure asks whether voters want to repeal part of Nebraska’s new school choice law, which set aside $10 million for the state treasurer to create education scholarships for private schools.
Early voting has started in South Dakota, and people in Nebraska can now request early absentee ballots.
