Opponents of race- and gender-based affirmative action now will head to the appeals court after a state board Tuesday refused to put their proposed constitutional amendment on the November 2006 ballot.

The Board of State Canvassers voted against certifying the measure after hearing allegations of massive race-targeted fraud and misrepresentation.

Their rejection came despite a state elections staff recommendation of approval and advice from the Attorney General's Office that such allegations were beyond the board's scope.

Democrats Paul Mitchell and Doyle O'Connor voted against certification. Republican Chairwoman Kathy DeGrow voted to certify, while GOP board member Lyn Bankes abstained.

At the heart of the dispute over certification is whether the petition circulators misled black voters in urban areas, selling the proposal as one to protect affirmative action rather than end it.

"It was a tremendous victory today that at the end of the day, only one member of the canvassers could vote to certify this petition," said Shanta Driver, spokeswoman for By Any Means Necessary, a group opposing the drive. "If we can get a legislative investigation on this, our charges are absolutely going to be substantiated."

Proponents vowed to go to court soon and expressed confidence that they will secure a place on the ballot.

"I find it disheartening that some of the board members did not follow the law or do their job," said Jennifer Gratz, executive director of the Michigan Civil Rights Initiative, the group pushing the amendment.

She said the group will file an appeal soon with the Michigan Court of Appeals.

The proposed amendment would ban the use of race and gender preferences in college admissions and public hiring and contracts.

It is patterned after a proposal approved by California voters and comes after a landmark U.S. Supreme Court decision held that race can be used as a factor in college admissions at the University of Michigan.

Affirmative action foes say the programs give unfair advantages to women and minorities on such things as getting into colleges and landing jobs.

Affirmative action supporters say the programs are important to promoting diversity and helping people who have been victims of past discrimination.

The discussion turned emotional several times during the day.

During a break, Bankes engaged in a heated exchange with state Rep. Leon Drolet, a leader of the petition drive. Drolet and others were wearing white T-shirts with the words "End Race Preferences."

"That shirt's offensive," Bankes said, pointing her finger at Drolet, R-Clinton Township.

"I'm sorry if my commitment to equal treatment for all offends you," Drolet responded.

Bankes noted that the shirt didn't mention that the proposal would end gender preferences as well.

As for allegations that petition signers were misled, Stephen Safranek, attorney for the Michigan Civil Rights Initiative, said the group was careful to follow the law. He said if deception was massive, opponents would be able to supply audio and video tapes or other documents to support their charge.

And an official for the company hired to run the signature-gathering effort said its circulators are trained to present information honestly.

Bankes said she will write legislative leaders asking them to hold hearings on the issue.

She said she was convinced that many voters were deceived.

"They do have the right to investigate. They do have the right to subpoena," she said. "Somewhere along the line, somebody has to be accountable to the people of Michigan."

Contact Chris Andrews at 377-1054 or candrews@lsj.com.

Copyright © 2005 Lansing State Journal