Florida’s progressive abortion amendment fails following DeSantis push against ‘bait and switch’ legislation

Abortion on the ballot has been seen as a sticking point for Republicans since the overturning of Roe V Wade, but a major amendment in Florida failed after voters voted “No” on the progressive legislation.

The measure needed a 60 percent supermajority to pass, the highest threshold in the country. It failed after 43% voted “No” and 57% voted “Yes.”

Florida’s abortion ban has been a contentious topic in the once-swing-state, with proponents of the amendment arguing that the Sunshine State’s current 6-week abortion ban is too restrictive after it was implemented in May.

The amendment’s language states, “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”

DESANTIS CAMPAIGNS AGAINST HIGH-STAKES ABORTION MEASURE ON FLORIDA BALLOT: ‘BAIT AND SWITCH’ LEGISLATION

DeSantis used his platform as governor to lead the charge against the high-stakes amendment on the ballot, calling the measure a “bait and switch.”

“This amendment, if adopted, would be the first amendment in the history of the state of Florida to actually repeal a right,” the Republican governor said during a “Doctors Against Amendment 4” stop in October.

“It will repeal the right of a parent to have to provide consent before their child undergoes an abortion,” he said. “Right now in Florida, we have parental consent, not just for abortion, but for anything involving medical treatment for a minor. They can’t give your kid an aspirin unless you consent.”

Voters work on their ballots at a polling place at the Ronald Reagan Presidential Library on Election Day, Tuesday, Nov. 5, 2024, in Simi Valley, Calif.  (AP Photo/Chris Pizzello)

Florida is one of the nine states with a measure on the Nov. 5 ballot to protect access to abortion. While Florida needed at least 60% endorsement of the initiative, all other states need a simple majority to pass.

The majority of these ballot measures seek to amend efforts passed in Republican-led states, whose leaders moved to restrict abortion in the wake of the Supreme Court’s June 2022 decision on Roe.

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In Florida, the hot-button issue has been the most expensive – with about $150 million in ads, according to the media tracking firm AdImpact. 

Voters fill out their ballots on Election Day in Columbus, Ohio on November 7, 2023. Residents of Ohio voted on November 7, 2023, to enshrine the right to an abortion in the Republican-run US state’s constitution, US media projected, in what could be a bellwether for an issue which is likely to dominate next year’s presidential race. (Getty Images)

Nearly two years after the Supreme Court overturned Roe v. Wade, a record number of voters think abortion should be legal, with two-thirds favoring a nationwide law guaranteeing access, according to a national survey conducted in March 22-25, 2024.

Fifty-nine percent think abortion should be legal in all or most cases, up from the previous high of 57% in September 2022 and a record low of 44% in April 2022. 

Overall, just 7% think abortion should never be permitted, while five times as many say it always should be (35%). Another one-third (32%) say abortion should be illegal except in cases of rape, incest, or to save the life of the mother. 

Democratic presidential nominee and Vice President Kamala Harris and Republican presidential nominee and former President Donald Trump are seen in a combination of file photographs taken in Chandler, Arizona, Oct. 10, 2024, and in Evans, Georgia, Oct. 4, 2024.  (REUTERS/Evelyn Hockstein and Octavio Jones/File Photo)

Trump

Former President Trump has shifted his stance on abortion during the election cycle, with the Republican nominee hoping to attract independents and some disillusioned Democrats, but running the risk of alienating his pro-life base.

Trump has countered Democratic attacks on the former president’s abortion stance by stating he would leave abortion access to the states, as determined by the overturning of Roe v. Wade.

Trump notably opposes a federal abortion ban, but has remained opposed to late-term abortions. In July, the Republican Party abandoned its long-standing position of advocating for abortions. 

Harris

Throughout Vice President Kamala Harris’ campaign, she has argued that Trump — who nominated three conservative justices to the Supreme Court who later voted to overturn Roe v. Wade — is responsible for worsening medical care for women and that he would seek further restrictions.

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Harris has cast her position on the topic as creating legislation to restore the national abortion right that was eliminated following Roe v. Wade. 

She has also vowed to protect access to the abortion drug mifepristone, calling the drug “essential medication.”

Florida Gov. Ron DeSantis holds multiple storm preparation news conferences on Oct. 7, 2024 as Hurricane Milton bears down on Florida (Office of Florida governor)

Digital has reached out to the DeSantis team for comment.

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‘ Victoria Balara contributed to this report.