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The Affirmative Action Fight: Reshaping the Battles to Win the War

The Affirmative Action Fight: Reshaping the Battles to Win the War. Reclaiming the battleground by reshaping and redoubling our communications, education, and messaging strategies July 22, 2008. Anti-affirmative Action Ballot Initiative Language: Operational Clause.

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The Affirmative Action Fight: Reshaping the Battles to Win the War

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  1. The Affirmative Action Fight: Reshaping the Battles to Win the War Reclaiming the battleground by reshaping and redoubling our communications, education, and messaging strategies July 22, 2008

  2. Anti-affirmative Action Ballot Initiative Language: Operational Clause The state shall not discriminate against, or grant preferential treatment to, any individual group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

  3. Lessons Learned

  4. 1) Language, Perception and Messages Matter • Change the frame. Rebrand affirmative action as equal opportunity that promotes a fair pool, not and end result. ~present affirmative action as, policy that promotes equal opportunity to give talented individuals a chance to prove why they are the best for the job, the contract, that slot in school, etc. • Highlight existing discrimination, not past discrimination. ~present easy to understand testimonials that can be substantiated with statistics (e.g., pay gap) • Frame affirmative action as a voluntary program that employers and schools can choose to implement in order to ensure equal opportunity.

  5. Pursue creative legal strategies (to challenge Connerly’s initiatives pre-qualification for the ballot) • Develop alternative initiatives (that would counter Connerly and also help mobilize supporters of affirmative action)

  6. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Pending: Arizona Registered Voters: D: 34.6% R: 39.9% O: 25.5% Race/Ethnic Origin: White: 63.8% Hispanic Origin: 25.3% Native American: 4.5% Black: 2.9% Primary Decision Makers on Ballot Initiative Process: Secretary of State: Jan Brewer (R) Governor: Janet Napolitano (D) Attorney General: Terry Goddard (D)

  7. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Arizona (cont.) State Ballot Initiative Procedures/Timeline: Petitioner files proposed initiative petition with Secretary of State (SOS) Within 15 business days SOS submits to county recorder to certify signatures County recorder qualifies or disqualifies signatures within 10 business days and sends results of certification process to SOS and petitioner SOS determines if the number of valid signatures meets or exceeds minimum required and then notifies the governor forthwith that the initiative will be placed on the ballot Title and petition shall pass the “single subject” qualifications to prevent “logrolling” Person filing initiative petition may at same time file with SOS an argument advocating the constitutional amendment A person may file with the SOS an argument advocating or opposing the amendment no later than 60 days preceding the regular primary election Legislative Council prepares and files with SOS an impartial analysis of the amendment, including a description, written in clear and concise terms avoiding technical terms wherever possible. SOS prints a publicity pamphlet containing: a) title, text and designated number of proposed amendment; b) arguments for and against the measure; c) legislative council analysis; d) summary of fiscal impact statement prepared by joint legislative budget committee SOS mails copy of publicity pamphlet to every registered voter household and will spur at least 3 public meetings on the ballot measure in at least 3 different counties before the election

  8. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Arizona (cont.) Important Deadlines/Facts to Remember • Petition submission deadline is July 3, 2008 • Required number of signatures is 230,047 Existing Coalition(s) • Protect Arizona’s Freedom Coalition Notes on Strategy/Other • Coalition conducted Decline to Sign activity • Coalition evaluating alternative strategies including: counter initiative and legal strategy • Coalition conducting public education on Equal Opportunity programs • Defeated House Concurrent Resolution (HCR 2041), sponsored by Russell K. Pearce, which would have referred Connerly’s Initiative language to the ballot (5 Republicans joined the 27 Democrats to defeat the measure) • Opposition research suggests Connerly frame is focused on anti-immigrant sentiment

  9. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Pending: Colorado Registered Voters: D: 30.4% R: 36.1% O: 33.5% Race/Ethnic Origin: White: 74.5% Hispanic Origin: 17.1% Black: 3.7% Asian: 2.2% Primary Decision Makers on Ballot Initiative Process: Secretary of State: Mike Coffman (R) Governor: Bill Ritter (D) Attorney General: John Suthers (R)

  10. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Colorado Equal Opportunity Initiative (Initiative 82) (Certified by Title Board on 5/7/08) Shall there be an amendment to the Colorado constitution concerning a prohibition against discrimination by the state, and, in connection therewith, prohibiting the state from discriminating against or certain forms of granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, education, and contracting; defining preferential treatment to mean adopting quotas or awarding points solely on the basis of race, sex, color, ethnicity, or national origin; preserving the state's authority to take action to establish or maintain eligibility for a federal program; protecting the validity of a court‑ordered remedy or consent decree in a civil rights action; and defining "state" to include, without limitation, the state of Colorado, any agency or department of the state, any public institution of higher education, any political subdivision, or any governmental instrumentality of or within the state?

  11. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Colorado (cont.) Important Deadlines/Facts to Remember • Petition submission deadline is August 4, 2008 • Required number of signatures is 76,047 Existing Coalition(s) • Colorado Unity Coalition • Coloradans for Equal Opportunity • No on 46 Campaign Notes on Strategy/Other • Coalition and allies conducted Decline to Sign activity • Coalition allies pursuing alternative strategies including: counter initiative and legal strategy • Coalition conducting public education on Equal Opportunity programs • Opposition research suggests Connerly frame is focused on higher education and anti-immigrant sentiment

  12. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Pending: Nebraska Registered Voters: D: 34.2% R: 49.6% O: 16.2% Race/Ethnic Origin: White: 87.3% Hispanic Origin: 5.5% Black: 3.9% Primary Decision Makers on Ballot Initiative Process: Secretary of State: John Gale (R) Governor: Dave Heineman (R) Attorney General: Jon Bruning (R)

  13. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Nebraska (cont.) State Ballot Initiative Procedures/Timeline: • Statement of object of the petition and text filed with Secretary of State (SOS) • SOS submits the proposed text to the Revisor of Statutes • Revisor reviews proposal and suggests changes as to form and draftsmanship within 10 days • SOS provides Revisor’s suggestions to sponsor and the results of the review remain confidential for 5 days • After 5 days, the Revisor’s opinion becomes public, however, the sponsor is under no obligation to accept the Revisor’s comments • If the initiative intends to propose a law, sponsor must obtain signatures from 7% of NE registered voters. If the initiative is a constitutional amendment, or suspends a law, 10% is needed. Regardless of type of ballot initiative, signatures from 5% of voters in 38 of NE 93 counties are needed • Petition circulators do not need to be registered voters in NE but paid circulators must use disclosure forms stating that fact • The petitions must be submitted to the SOS at least four months prior to the election and each sheet must include a full and correct copy of the title and text of the law/constitutional amendment proposed by ballot initiative

  14. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Nebraska (cont.) State Ballot Initiative Procedures/Timeline: • The SOS gives a copy of the measure to the Attorney General (AG), who provides a ballot title, not to exceed 100 words, within 10 days of receipt from the SOS • The AG also provides text that explains “the effect of the vote for and against the measure” to be printed next to title • AG title can be appealed within 10 days to the district court, explaining why the title is “insufficient or unfair” • SOS verifies signatures and transmits pages to the election commissioner/county clerk to verify that all the signatories are registered voters • Election commissioner or county clerk resubmits the petition to SOS within 40 days • After certifying the initiative, the SOS must hold one public hearing in each of NE congressional districts no sooner than 8 weeks prior to the election • SOS must print an informational pamphlet on all initiatives to appear on the ballot with measure number, ballot title, full text, and arguments for and against each measure. The arguments for and against are drafted by SOS and are limited to 250 words, and opponents and proponents may submit information to the SOS for drafting of the arguments. Pamphlets are then distributed to election commissioners/county clerks at least 6 weeks prior to election. • SOS must publish the ballot title, text and ballot number in all “legal newspapers” in the state for 3 consecutive weeks immediately preceding the election • NE has a relatively “easy” ballot initiative process. The state’s standards are focused more on the substantive process, rather than on technicalities deemed important by other states.

  15. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Nebraska (cont.) Important Deadlines/Facts to Remember • Petition submission deadline is July 4, 2008 • Required number of signatures is 113,807 Existing Coalition(s) • Nebraskans United (Omaha, Lincoln) Notes on Strategy/Other • Coalition and allies conducted Decline to Sign activity • Coalition allies pursuing alternative strategies including: legal strategy • Coalition conducting public education on Equal Opportunity programs • Unsuccessful legislative attempt by NE State Senator Mark Christensen to refer Connerly initiative to the ballot

  16. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Unsuccessful: Missouri Registered Voters: N/A Race/Ethnic Origin: White: 83.8% Black: 11.2% Hispanic Origin: 2.1% Primary Decision Makers on Ballot Initiative Process: Secretary of State: Robin Carnahan (D) Governor: Matt Blunt (R) Attorney General: Jay Nixon (D)

  17. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Missouri (cont.) Important Deadlines/Facts to Remember • Petition submission deadline is May 4, 2008 • Required number of signatures is up to 151,619 Existing Coalition(s) • We Can Notes on Strategy/Other • Coalition conducted Decline to Sign activity • Coalition allies and state pursued litigation • Coalition conducted public education on Equal Opportunity programs

  18. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Unsuccessful: Oklahoma Registered Voters: D: 51.4% R: 38.1% O: 10.5% Race/Ethnic Origin: White: 74.1% Native American: 7.7% Black: 7.5% Hispanic Origin: 5.2% Primary Decision Makers on Ballot Initiative Process: Secretary of State: Susan Savage (D) Attorney General: Drew Edmonson (D)

  19. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Oklahoma (cont.) State Ballot Initiative Procedures/Timeline: • After the initiative petition is filed with the Secretary of State’s (SOS) office, SOS reviews the language of petition, certifies the petition and then makes the petition public. • The petitioner has 90 days to submit required number of signatures to SOS for authentication. • SOS certifies number of signatures to Supreme Court, who then publishes a notice of whether there was sufficient number of signatures. • Parties submitting the initiative can submit a suggested ballot title for consideration to the SOS. • SOS submits ballot title for the initiative to AG for review. • If no appeal is filed, SOS transmits to the State Election Board a copy of the measure and title. If appeal is made, SOS certifies per Supreme Court’s decision.

  20. Anti-affirmative Action Ballot Initiative States: Background, Ballot Initiative Procedure, Update Oklahoma (cont.) Important Deadlines/Facts to Remember • Petition submission deadline is 90 days after filing with the SOS • Required number of signatures is 138,970 Existing Coalition(s) • In formation Notes on Strategy/Other • Coalition conducted Decline to Sign activity • Coalition allies pursued litigation • Attorney General reworded Connerly title

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