Advocates in Arkansas submitted more than 100,000 signatures to election officials in July. The secretary of state disqualified 14,000 on a technicality, ending Arkansans for Limited Government鈥檚 campaign to restore access. (Photo by Tess Vrbin/Arkansas Advocate.)
Most abortion-rights ballot measures succeeded this past year, but November marked the first time since the U.S. Supreme Court overturned Roe v. Wade that some citizen-led bids to restore access failed.
Organizers with campaigns in Arkansas, Florida, Nebraska and South Dakota spoke with States Newsroom about what went wrong. A few said they鈥檙e not giving up the fight, and one group hopes to get the question on the ballot in 2026.
In Arkansas, voters could have had a chance to decide whether to allow the right to an abortion up to 18 weeks post-fertilization, and beyond in cases of rape, incest, fatal fetal anomalies, or to protect patient鈥檚 life or physical health.
But the question never made the ballot. The secretary of state disqualified around 14,000 of more than 100,000 signatures submitted by Arkansans for Limited Government, the group behind the proposed constitutional amendment, according to听. Measures require 90,704 signatures to make the ballot in the state.
The election official said the signatures were invalid due to a paperwork error, and the state Supreme Court agreed with his decision in August, the听听谤别辫辞谤迟别诲.
Gennie Diaz, Arkansans for Limited Government鈥檚 spokesperson, said the defeat was 鈥渄evastating because we felt very much like the facts were on our side, the law was on our side and that we did everything that was required of us.鈥
All abortions are illegal in Arkansas except to save the life of the mother. Doctors violating the law could be fined up to听听in prison.听听were reported to the state Department of Health in 2023, the latest info available.
While canvassing, the group spent a lot of time informing Arkansans about the law 鈥 some residents didn鈥檛 know the ban was in effect 鈥 and telling them about medical emergencies that arise during pregnancies that require abortions, Diaz said. Family Council published a list of paid canvassers and their home cities in June, a move Arkansans for Limited Government denounced as an听.
Arkansans for Limited Government is looking to mount another abortion-rights initiative, she said, but the group will need financial support. 鈥淥ne of the biggest takeaways from our experience is that you do need substantial funding, robust funding up front in order to make sure your ducks are in a row and you have a really solid plan,鈥 Diaz said.
The abortion-rights committee raised $306,314 in July, the penultimate month of the campaign,听听谤别辫辞谤迟别诲. Arkansas Family Council reported more than $238,000 at the end of July to oppose the abortion amendment, and Stronger Arkansas had about $475,000 during that time period, according to the Advocate.
Diaz said national funding is crucial to a successful abortion-rights amendment: 鈥淚 don鈥檛 think it necessarily has to come from Planned Parenthood and ACLU National. That鈥檚 typically who it has come from. But it is just the bare bones truth that in order for a ballot initiative to be successful, you have to have millions of dollars, even in a small state like Arkansas.鈥
Lack of money wasn鈥檛 an issue in Florida, where voters weighed whether to allow abortion before fetal viability and when a provider determines the procedure is medically necessary. The abortion-rights group behind Amendment 4 had more than $121 million in total contributions, according to state campaign finance data.
Several opposition committees popped up ahead of the election, including Do No Harm, Florida Voters Against Extremism 鈥 publicly known as 鈥淣o on 4鈥 鈥 Keep Florida Pro Life and Life First PC. Republican Gov. Ron DeSantis created the Florida Freedom Fund to oppose abortion and marijuana initiatives. DeSantis鈥 PAC had $7.3 million in contributions, according to state campaign finance data.
What set the counter-campaign apart in Florida was the DeSantis administration鈥檚 tactics in opposing the effort. It鈥檚 unclear how much the state government spent to oppose the abortion-rights ballot measure, but the governor ramped up听听鈥 even against members of his own party 鈥 as the election approached. A health agency created a听, DeSantis appeared alongside听, and he got a听听to speak out against the proposal, the Florida Phoenix reported.
鈥淭here were misconceptions and flat out lies about what Amendment Four was and what Amendment Four was not,鈥 said Keisha Mulfort, spokesperson for the state鈥檚 American Civil Liberties Union affiliate who worked on Floridians Protecting Freedom鈥檚 campaign.
In October, state health officials sent cease-and-desist letters to TV broadcasters threatening to sue them over a Yes on 4听, the听听谤别辫辞谤迟别诲. The group sued the administration, saying officials were trying to chill free speech. U.S. District Judge Mark Walker agreed,听听the Florida Department of Health could not intimidate broadcasters. Litigation in the case is ongoing.
The abortion-rights group is also disputing a $328,000 fine stemming from a Florida Office of Election Crimes & Security preliminary听听released in October accusing Floridians Protecting Freedom of 鈥渨idespread election fraud.鈥 Campaign Director Lauren Brenzel听听the allegations, and Mulfort said the fine is also being litigated but can鈥檛 comment further on either case.
Fifty-seven percent of Florida voters approved the abortion-rights measure, but Amendment 4 fell short of the 60% threshold required in the state, according to the听. Although a majority of Floridians voted in favor of abortion rights, the supermajority requirement means most abortions are banned after six weeks.
鈥淲e all will continue to look at the ways in which we can ensure that reproductive freedom is seen in Florida and that these abortion bans come to an end,鈥 Mulfort said.
Like Arkansas, South Dakota鈥檚 abortion-rights group did not receive any funding from the national branches of Planned Parenthood or the American Civil Liberties Union. Democratic Illinois Gov. JB Pritzker鈥檚 Think Big America PAC听听听听leading up to Election Day.
Dakotans for Health was outraised by three anti-abortion committees 鈥 Life Defense Fund, No G for SD and Celebrate Life Committee 鈥 that raised $1.7 million, versus the abortion-rights coalition鈥檚 $840,000 as of late October,听听reported
听asked voters whether the state should ban legislators from regulating abortion until the end of the first trimester, allow regulations during the second trimester 鈥渋n ways that are reasonably related to the physical health of the pregnant woman鈥 and let the state prohibit abortion in the third trimester, unless the procedure is necessary to save the life or health of a pregnant patient.
Dakotans for Health leader听听chalked the loss up to a lack of resources. 鈥淲e were in a tough spot. We knew that we needed to be on the air at the end. The last month or so, that鈥檚 what we had budgeted for,鈥 he said. 鈥淏ut the other side of that coin, too 鈥 the reason we didn鈥檛 have the resources 鈥 was that the national organizations had written South Dakota off, which was really unfortunate.鈥
Weiland said he would not lead another effort to restore abortion rights in the state but would support other groups. South Dakota鈥檚 ACLU and Planned Parenthood affiliates did not support the campaign and questioned its timing and wording at the start, according to听.
鈥淭here鈥檚 no middle ground in politics anymore,鈥 Weiland said. 鈥淵ou have to be beholden to the ultra-right or beholden to the ultra-left, and you can鈥檛 do what we thought was the right thing, which was just restore the rights that women had for almost 50 years.鈥
He also challenged the Republican-controlled legislature to add exemptions to the state鈥檚 abortion ban, which only allows abortions to save the mother鈥檚 life. 鈥淭hey could declare a state of emergency, they could pass an exemption bill for rape, incest and nonviable pregnancies, the governor could sign it, and women would have at least some access.鈥
He said such a mechanism could be passed swiftly, similar to the way lawmakers fast-tracked a bill this year that听. Republican Rep. Jon Hansen authored that bill. He also served as co-chair of the anti-abortion Life Defense Fund and is the incoming speaker of the South Dakota House.
In Nebraska, voters faced an听听on abortion. One initiative asked voters whether to restore the right to an abortion up to fetal viability. The other asked voters whether to restrict access after the first trimester and allow lawmakers to further regulate abortion. Most abortions are banned after 12 weeks in the state.
Even though the abortion-rights group had the jump on organizing 鈥 launching in 2023, while听听鈥斕.
鈥淭he abortion restrictions amendment 鈥 left the door open for further bans and restrictions,鈥 said Andi Curry Grubb, Planned Parenthood Advocates of Nebraska鈥檚 executive director. 鈥溾疻e鈥檝e dusted ourselves off, regrouped and are prepared for what comes next. We will not rest in our fight to protect every person鈥檚 right to control their life, body, and future.鈥
GET THE MORNING HEADLINES.
YOU MAKE OUR WORK POSSIBLE.
Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.