Amendment 4 fails to get 60% required for passage

Florida voters declined to protect abortion access in the state constitution, making it the first state to reject such a proposal since Roe v. Wade was overturned.

Amendment 4, aimed at limiting government interference with abortion, fell short of the 60% approval it needed to become part of Florida’s Constitution, getting 57% approval, with 43% opposing it. The result marks a major victory for Gov. Ron DeSantis, who deployed state resources litigating and advocating against passage of the measure. 

“Amendment 4 wasn’t just extreme—it was intentionally deceptive,” said Taryn Penske, a spokesperson for the Vote No on 4 Campaign in a written statement. “It wasn’t just about abortion; it was about eviscerating parental rights, forcing taxpayers to pay for abortions, and even allowing late-term abortions when babies can feel pain to be performed by non-doctors. Floridians’ commonsense, family-focused values prevailed.”

Lauren Brenzel, the campaign director  for the Yes on 4 Campaign, addressed the audience at the Yes on 4 official campaign watch party in St. Petersburg, shortly after 9 p.m. on Tuesday.

“A minority have decided that Amendment 4 will not be adopted. The reality is a majority of Floridians in what is the most conservative presidential election in Florida history just voted to end Florida’s abortion ban” she said to raucous cheers. “Republicans, Democrats and independents do not support these extreme bans on abortion. They are tired of women dying because of abortion bans. They are tired of women being forced to giving birth to children who die in their arms because of abortion bans. They are tired of doctors being threatened with prison sentences because of abortion bans.”

She went on to call on the GOP-controlled Legislature to repeal the current six-week abortion in next year’s legislative session.

Palm Beach County Democratic state Sen. Lori Berman said it was “devastating that Amendment 4 has failed.”

“This was our opportunity to safeguard the right to choose, and now, Floridians will continue to face uncertainty and restrictions on their reproductive rights. The consequences will be most harmful to marginalized communities who already struggle to access care,” she said in a written statement. “While this is a setback, the fight for reproductive justice is far from over. I remain committed to fighting for every Floridian’s right to make healthcare decisions, free from government interference. We will not stop until reproductive rights are fully protected in Florida.”

Amendment sponsor Floridians Protecting Freedom had to meet a higher voter approval threshold than most other states. And to do so, the group raised $100 million, far outraising any other abortion rights ballot measure in the post-Roe years. 

The failure follows the enactment in May of a law banning most abortions after six weeks of gestation. 

Messaging from the Yes on 4 campaign portrayed the amendment as a nonpartisan last resort against an extreme abortion ban that harms women and puts doctors at risk of going to prison. That depiction wasn’t enough to counteract DeSantis’ push for voters to reject the amendment because of what he called its vagueness and removal of a parental consent requirement. 

In the months leading to the election, the governor mobilized state agencies against the amendment, drawing legal disputes and intense backlash. Those efforts included a report accusing the sponsor of fraud in the petition collection process, threats of criminal charges against broadcasters airing a Yes on 4 ad, and a webpage claiming the amendment “threatens women’s safety.” 

DeSantis spent two weeks touring the state criticizing Amendment 4 with agency heads and a group of anti-abortion doctors. 

The governor also sought to defeat the amendment to legalize recreational marijuana for adults, but his show of strength against the abortion amendment stretched further into delegitimizing it.

Supporters of the amendment are expected to soon speak at the Yes on 4 Campaign’s event in St. Petersburg. We’ll update this story with some of those comments.