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The Future of Abortion Rights in Florida: What’s Next?

Ford O’Connell warns Republicans to stay alert as abortion rights advocates vow to bring the issue back in future ballots

After a narrow loss in last week’s ballot referendum, Florida’s abortion rights advocates remain determined to challenge the state’s six-week abortion ban. They insist that the fight is far from over.

With Florida being the first state to reject an abortion rights amendment following the 2022 overturning of Roe v. Wade, Governor Ron DeSantis’s six-week ban stays intact. Despite the amendment receiving support from 57% of voters, it failed to meet the state’s supermajority requirement, which mandates a 60% approval rate for amendments.

The combination of this legal hurdle and unprecedented involvement from DeSantis’s administration made passing the amendment an even steeper challenge. Both sides of the debate agree that efforts to secure abortion protections within Florida’s constitution will continue, despite the setback.

DeSantis’s active involvement in the “No on 4” campaign is credited with helping secure victory, but abortion rights advocates aren’t giving up

Republican strategist Ford O’Connell warned, “Republicans can’t become complacent. I believe the amendment will be brought up again, and Republicans need to be ready to fight it.” On the other hand, Natasha Sutherland, a senior adviser for the “Yes on 4” campaign, expressed uncertainty about launching another attempt in 2026 but affirmed that the push for abortion rights is not over. “We will regroup, analyze what went wrong, and then lobby for the next steps,” she said.

While abortion rights advocates raised nearly $100 million, DeSantis’s opposition committee only amassed about $6.3 million. Sutherland attributed the amendment’s defeat largely to DeSantis using his gubernatorial powers and state resources to thwart it. “We came so close, and I don’t think they will let us get that close again,” she added.

The “No on 4” campaign credits DeSantis for its success, with John Stemberger, the campaign’s regional field director, stating, “He was deeply involved in the campaign, and that made a huge difference.”

DeSantis, a vocal opponent of the amendment, took active measures to block it, including trying to prevent it from qualifying for the ballot, pressuring media outlets to stop airing campaign ads, and launching a state website attacking the initiative. Sutherland criticized these tactics, describing them as “death by paper cuts.”

Despite these challenges, Sutherland believes that grassroots efforts, especially from Florida Republicans, may provide a way forward in future campaigns. The “No on 4” side is also reassessing its strategies after nearly 60% of voters supported the measure. DeSantis’s involvement in the campaign reflects the ongoing of framing the issue effectively.

Stemberger acknowledged the need for further persuasion: “There’s a lot of work ahead in convincing people, especially when it comes to how we present the abortion issue.” He also emphasized the lack of clarity in the amendment’s terms, such as “viability” and “healthcare professional,” which he argued made the amendment “extreme” and “deceptive.”

Florida’s 75-word limit on ballot summaries restricts the ability to clarify such terms. In addition, the state’s supermajority requirement adds another layer of complexity to the process, with some arguing that this makes it harder to pass controversial measures.

O’Connell noted that this unique 60% threshold in Florida could influence how other states approach ballot measures in the future. “States may increase the vote threshold to around 60% to help influence elections,” he said.

Florida is among the few states with such a supermajority rule. Voters instated the 60% threshold in 2006, passing it with 58% support. Lauren Brenzel, campaign director for Yes on 4, lamented the outcome, asserting that despite the supermajority rule, a majority of Floridians voted to end the state’s abortion ban.

Stemberger defended the outcome, stating that everyone must “play by the rules,” which, in this case, meant meeting the 60% threshold. He also suggested that his coalition supports raising the threshold to a two-thirds majority, similar to New Hampshire’s system.

However, O’Connell cautioned that such changes might not help maintain the six-week ban, noting that Florida has historically balanced conservative politics with liberal ballot initiatives, such as the legalization of medical marijuana and wage increases.

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