LINCOLN — The 2024  general election marked Nebraska’s second-highest number of votes cast in the state’s history.

That’s according to Secretary of State Bob Evnen’s Office, which reported Wednesday that 934,188 ballots were cast, and that several thousand early voting and provisional ballots have yet to be counted.

Still on top of the heap, in terms of votes cast, is turnout during the pandemic-era general election of 2020, with 966,920 ballots cast.

Preliminary turnout numbers show that 73.9% of Nebraska’s registered voters participated in the 2024 general election. That’s higher than the 72% prediction that Evnen had made earlier in the week.

Final turnout results could inch up slightly as remaining ballots are counted, a spokeswoman for the office said. As is, the 73.9% puts Tuesday’s general election among at least the Top 8 ever in terms of highest share of state voter participation.

No. 1 for percentage turnout remains the 1968 general election, with 80.8% turnout. That was the year Republican presidential nominee Richard Nixon defeated the Democratic nominee, incumbent Vice President Hubert Humphrey, and the American Independent Party nominee, former Alabama Gov. George Wallace.

‘Smooth and secure’

Evnen said that county election offices across the state reported consistent voter turnout throughout Tuesday with “almost all voters” prepared with voter ID, as required by the new state law.

“County election officials and poll workers ensured a smooth and secure Election Day for thousands of Nebraskans,” said Evnen. 

Voters who did not have an accepted ID on Election Day were able to vote provisionally. For those ballots to be accepted, the voters can present acceptable ID to their county election office by the end of the business day Nov. 12.

Unofficial results are posted at electionresults.nebraska.gov. Representatives of the Secretary of State’s Office and county election offices are to conduct a post-election audit to verify accuracy of the results. That happens with all statewide elections. Members of the Nebraska State Board of Canvassers are to convene Dec. 2 to certify election results

Close to call

Meanwhile, on Wednesday, a few Nebraska legislative races remained close enough that the Nebraska Democratic Party said they were too close to call. Democrats were slightly ahead in those contests.

According to unofficial election results: Democrat Ashlei Spivey led Nick Batter, a nonpartisan, by 41 votes in northeast Douglas County’s District 13; Democrat Dan Quick led incumbent Ray Aguilar, a Republican, by 125 votes in Grand Island’s District 35; and Democrat Victor Rountree led Felix Ungerman, a Republican, by 181 votes in Sarpy County’s Legislative District 3.

Jane Kleeb, the Democratic Party’s executive director, called it a grueling election cycle.

“We stand tall that we did deliver the blue dot for Kamala Harris and Tim Walz,” she said, adding: “Our party has work to do.”

County election commissioners said they’ve yet to count early and provisional voting ballots.

In Hall County, for example, 195 largely provisional ballots in District 35 had yet to be validated and potentially included in the count, said Election Commissioner Tracy Overstreet. She said it would be seven to 10 days before the results are final.

Results within a certain range could trigger a recount. Douglas County Election Commissioner Brian Kruse said if there was any recount, it would happen on Dec 4.

Amid the 2024 election, a Nebraska abortion ballot measure passed on Tuesday that enshrines the state’s current ban on abortions after the 12th week of pregnancy in the state constitution.

What Was Abortion Access Like in Nebraska?

Nebraska was one of several other states voting on constitutional amendments to protect reproductive rights this election cycle, as abortion in the state is currently banned after 12 weeks of pregnancy. Last year, the state enacted a law prohibiting abortion starting at 12 weeks of pregnancy except in medical emergencies or when pregnancy results from sexual assault or incest.

Abortion has been a key issue amid this year’s election since the U.S. Supreme Court overturned Roe v. Wade in the summer of 2022, as many Republican-controlled states have put abortion restrictions into effect, with 21 states banning or restricting the medical practice at every stage of pregnancy.

However, most Democratic states have laws or executive orders in place to protect access. Voters in California, Kansas, Kentucky, Michigan, Montana, Ohio, Vermont and Arizona have taken steps to adopt similar ballot measures, hoping to put the abortion issue directly before voters.

What Is Initiative 439 and Initiative 434?

There were two abortion-related ballot measures in which voters could either enshrine abortion access with Initiative 439 or open the door for further restrictions with Initiative 434.

Initiative 439 would allow abortions until fetal viability—usually around 20 to 24 weeks, or when needed to protect the life or health of a pregnant woman, without interference from the state. The amendment is similar to abortion-rights measures going before voters in other states.

Meanwhile, Initiative 434 would amend the state constitution to prohibit abortion in the second and third trimesters or after 12 weeks—with some exceptions. It is supported by Nebraska Right to Life, an anti-abortion rights group. While this measure would not cause major changes at the ground level, it might make it harder to challenge the state’s abortion law and could open the door for further restrictions.

By How Much Did the Abortion Measure Pass?

The abortion measure, Initiative 434, passed with 55.3 percent of voters for the measure with 496,626 votes, according to NBC News.

Initiative 439, which would have established a right to abortion until fetal viability failed, with 51.2 percent or 460,380 votes against the measure and only 48.8 percent or 439,136 votes for the measure.

According to the Nebraska Constitution, the winning measure with the most votes shall become law “as to all conflicting provisions.” State law says the governor shall proclaim which provision is paramount.

Since Initiative 434 passed, a court could determine that it conflicts with the abortion-rights measure only in the second and third trimesters, Brandon Johnson, an assistant law professor at the University of Nebraska, previously told the Associated Press.

That could create a scenario where abortion is elevated as a fundamental right during the first trimester but restricted in the second and third.

However, despite the passage of the measure, lawsuits could soon follow Tuesday’s decision as abortion rights continue to be a divided issue across the country.

OMAHA, Neb. — Nebraska voters chose to back the state’s 12-week abortion ban over a competing proposal to allow abortion until fetal viability, according to a call by the Associated Press.

The ballot measure banning abortions in the second and third trimesters, with some exceptions, is bound for the state constitution. It also allows lawmakers to further restrict abortion access.

Nebraska was one of 10 states where abortion was on the ballot this election. But it was the only state where voters faced two competing proposals. While voters passed the amendment for the 12-week ban, they defeated the one allowing abortion to fetal viability, according to the Associated Press.

As in other states, abortion rights supporters had mobilized to put the viability question on the ballot in response to the U.S. Supreme Court overturning the federal right to abortion in 2022. They argued abortion is a private choice for pregnant people and their families – not one for the government to make.

The opposing effort to keep Nebraska’s 12-week ban in place – while allowing for more restrictions in the future – sprang up in response to the fetal viability initiative. 

Its supporters argued it would give voters a choice on the ballot and provide a “commonsense approach.” Nebraska Republican U.S. Sen. Pete Ricketts and his mother, Marlene Ricketts, donated more than $5 million to the campaign. 

Elizabeth Rembert reports for Nebraska Public Media.