JACKSONVILLE, Fla. — First Coast News is monitoring the vote on Amendment 4 live. The results are below.
Also called the 'Right to Abortion Initiative,' Amendment 4 seeks to limit government interference with abortion. The Associated Press has called the vote, saying that the state did not meet the 60% threshold to pass the amendment.
What was Amendment 4?
Also called the 'Right to Abortion Initiative,' Amendment 4 seeks to limit government interference with abortion.
A "yes" vote supports adding the following language to the Florida Constitution’s Declaration of Rights: “… 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.” Amendment 4 would maintain the current constitutional provision that permits a law requiring parents to be notified before a minor can receive an abortion.
A "no" vote opposes amending the Florida Constitution's Declaration of Rights to provide that the state cannot "... 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."
Currently, abortion is legal in Florida up to six weeks into pregnancy. That dropped from 15 weeks when Gov. Ron DeSantis signed what's known as the "heartbeat bill" in April of 2023. Until 2022, abortion was legal in Florida up until 24 weeks into pregnancy.
One of the criticisms of the amendment is that it would allow minors to have abortions up until the 24th week of pregnancy without a parent being notified. However, that is not true. The amendment text states that the amendment would not change Article 10, Section 22 of the Florida Constitution, which states a parent or guardian must be notified before a minor's pregnancy is terminated.
DeSantis expressed his issue with the amendment at a press conference in South Florida on Oct. 21, where he called the amendment "radical," and a "Pandora's Box of bad policies."
DeSantis said the amendment goes against the Florida statute known as the "Parental Notice of and Consent for Abortion Act." This statute requires not only parental notification, but also parental consent of abortions for minors.
The governor said the omission of "consent" in the amendment is a "bait and switch."
"They know that's bad, they know parents don't like that, so what they're doing in the amendment is substituting 'notification,' but that is not consent," he said.
Amendment 4 is supported by the Florida Alliance of Planned Parenthood affiliates which said, "The opportunity for Floridians to end this government manufactured public health crisis and get politicians out of our personal private decisions once and for all by passing Amendment 4 couldn't come at a more pressing time."
Amendment 4 has even reached the presidential campaign trail. Before she was the Democratic candidate, Vice President Kamala Harris spoke in Jacksonville on the day the six-week abortion ban took effect.
"We trust women," she said. "We trust women to know what is in their own best interest."
Republican candidate and former President Donald Trump told NBC in August that he feels abortion should be decided on a state-by-state basis.
"Well, I think the six weeks is too short," he said. "There has to be more time and so that's, and I've told them that I want more weeks."
Amendment 4 will pass if it receives at least 60% of the vote.