A ballot measure enshrining abortion rights in the Florida Constitution failed Tuesday, NBC News projects, after the state’s most hotly contested political battle this election cycle.
The amendment won the support of a majority of Florida voters, but under state law, it had to pass the 60% threshold to pass. Her defeat is a setback for reproductive rights groups in the heavily red state and a victory for Republican Gov. Ron DeSantis. they conducted a serious campaign against the initiative.
The proposal, known as Amendment 4, sought to allow abortions up to fetal viability, which is considered to be about 24 weeks of pregnancy in Florida. The law, signed by DeSantis, bans abortions in the state after six weeks of pregnancy.
Fetal viability was the standard for state abortion law for decades before the US Supreme Court overturned Roe v. Wade.
DeSantis’ opposition to the ballot measure, which was put on the ballot by the abortion-rights group Floridians, drew sharp criticism and legal challenges over claims he misused state resources on a political issue.
The DeSantis administration’s state agency has launched a website An action attacking the ballot measure claimed the American Civil Liberties Union.
“When educating voters about the purpose and consequences of a proposed constitutional amendment, the government may not do so in an inaccurate, misleading, abusive or fraudulent manner,” the lawsuit, filed in September, says. The state’s “4th amendment actions are inaccurate, misleading, abusive, and fraudulent.”
State agencies under DeSantis’ control also used taxpayer dollars to produce and buy campaign-style television ads blasting the proposal, fueling critics’ concerns that state resources were being used inappropriately.
The DeSantis administration also sent letters threatening public television stations with criminal charges if they aired political ads supporting the amendment, prompting a rebuke from Federal Communications Commission Chairwoman Jessica Rosenworcel.
“Broadcasters’ right to free speech is rooted in the First Amendment,” wrote Rosenworcel, a Democrat. “Threats against broadcasters for airing content that contradicts government views is dangerous and violates the fundamental principle of freedom of speech.”
Generally, public resources are not used for overt campaigning or political causes, but the effort was successful for DeSantis because the courts did not intervene or stop government agencies from participating in the political struggle.
With Florida’s status as a swing state rapidly waning, the fight over the 4th Amendment has drawn the biggest wave of TV ads of the 2024 election cycle.
Although the ballot measure failed, an NBC News Exit poll said 65% of Florida voters said abortion should be legal in all or most cases.
DeSantis, who opposed another ballot measure, made the effort legalize the use of recreational marijuana In Florida, NBC News also failed Tuesday. Voters’ rejection of both measures is a major political victory for DeSantis, who has been limping since his presidential bid came to an abrupt end this year after a loss in the Iowa caucuses.