Florida’s six-week abortion ban will remain the law of the land, as an abortion rights constitutional amendment failed Tuesday night.
With 91 percent of the vote tallied as of 9:20 p.m., support for Florida’s Amendment 4 hovered around 57 percent, according to Associated Press projections—shy of the 60 percent threshold required to pass. The amendment would have protected the right to an abortion until fetal viability, or until about 24 weeks’ gestation, and after viability if a medical provider determined that the procedure is necessary to preserve a patient’s health.
The amendment’s failure isn’t just a loss to the political momentum following the Dobbs v. Jackson Women’s Health Organization decision in 2022; it’s a major win for Republican Gov. Ron DeSantis, who wielded the power of his office to defeat the measure. “A bipartisan group of voters today sent a clear message to the Florida legislature,” a representative from Floridians Protecting Freedom, the campaign behind the amendment, said in a Tuesday night livestream. That message to lawmakers? “End the ban.”
DeSantis proclaimed victory within minutes of the final polls closing at 8 p.m. “Amendment 4 has failed,” he wrote in a post on X. More than a million more Floridians voted for Amendment 4 than voted for DeSantis in 2022.
Abortion rights supporters spent more in Florida—over $75 million—than in any other state with similar measures on the ballot. Despite popular support for abortion rights in the state, the ballot measure faced an uphill battle to victory, in more ways than one.
Most obviously, it needed to garner 60 percent support—more than the simple majorities that were needed to pass abortion protections in red states like Ohio, Kansas, and Kentucky. But DeSantis’ administration also challenged the measure in unprecedented ways, including by threatening television stations that ran pro-amendment advertisements, releasing a massive report weeks before the election accusing Floridians Protecting Freedom of “widespread election fraud,” and using a state agency website as a virtual billboard to oppose the amendment.
Since coming into effect in May, Florida’s six-week abortion ban has upended access to the procedure across the South. Tennessee, Alabama, Arkansas, Mississippi, and Kentucky all have near-total abortion bans, and Georgia and South Carolina have six-week bans. The number of abortions in Florida plummeted by 30 percent in the first two months of the ban, according to the Guttmacher Institute.
Amendment 4’s defeat marks the first failure of a state abortion rights amendment since Dobbs. Voters in seven states have passed abortion protections, and voters in nine other states have similar measures on their ballots.
