Preference Ban Makes BallotPreference Ban Makes Ballot
Anti-affirmative action measure is court-ordered to be presented to voters in 2006 election.
The Detroit News
http://www.detnews.com/apps/pbcs.dll/article?AID=/20051221/POLITICS/512210346/1022
By Mark Hornbeck / Detroit News Lansing Bureau
December 21, 2005
LANSING -- In a harshly worded order, the Michigan Court of Appeals late Tuesday ordered a proposed constitutional amendment banning affirmative action put on the November 2006 general election ballot.
The court bypassed the Board of State Canvassers, which twice failed to fulfill court orders to certify the proposal for action by voters.
"The failure by the Board of State Canvassers wrongfully thwarts and interferes with the clear constitutional mandate that the citizens of this state have the right to amend their Constitution by a vote of the people," the court order said.
"Because the Board of State Canvassers has failed to discharge its legal obligations, and because the form of the petitions comply with statutory requirements and the board previously concluded there are sufficient signatures for certification, this court orders" the initiative on the ballot, the order said.
A future court order will deal with contempt proceedings against the two Democratic board members -- Paul Mitchell and Doyle O'Connor -- who did not vote to place the issue on the ballot.
"It's great that we've been certified for the ballot and it's sad the court had to step in and do the board of canvassers' job," said Jennifer Gratz, once an undergraduate fighting to end affirmative action at the University of Michigan and now executive director of the Michigan Civil Rights Initiative, the group supporting the proposal.
"Now I think the people of Michigan can look forward to debating the issue of race preferences and look forward to voting on this issue. And we can move forward with this campaign rather than dealing with frivolous attempts to stop it by the opposition and the Board of Canvassers."
The ballot initiative, launched by California businessman Ward Connerly, would ban the use of racial and gender preferences in college admissions and public hiring and contracting, effectively eliminating most public-sector affirmative action programs.
David Waymire, spokesman for One United Michigan, a coalition of labor, business, civic and religious groups opposed to the initiative, said he wasn't surprised by the order.
"We are prepared to inform Michigan voters why we don't want to roll back civil rights laws in this state to the 1950s and 1960s," he said.
One United Michigan and other opponents have charged that petition circulators purposely misled signers into believing the measure actually would bolster affirmative action programs. The state Civil Rights Commission confirmed Tuesday that it will investigate those allegations beginning with a hearing on Jan. 11.
If the commission finds irregularities "we will take this up a notch and bring it to the appropriate agency," such as the attorney general's office or the secretary of state, said Mark Bernstein, chair of the Civil Rights Commission.
Gov. Jennifer Granholm supports the investigation, an aide said.
Rep. Leon Drolet, R-Clinton Township, a supporter of the ballot proposal, said he'd welcome the commission's investigation.
"Our opposition has shown so little regard for the truth. If they want to go into this I'm more than happy to," he said.
The Court of Appeals on Dec. 7 ordered the Board of State Canvassers to certify the affirmative action ban for the ballot.
During a tumultuous meeting last week disrupted by a protest organized by the opposition group By Any Means Necessary, the board fell a vote short of complying with the court's order.
Mitchell voted no and O'Connor did not vote, according to a tally recorded at the meeting. The two Republican board members voted yes.
The two Democrats then sent a memo to the attorney general on Monday, saying they had intended to vote yes when the meeting spun out of control.
You can reach Mark Hornbeck at (313) 222-2470 or mhornbeck@detnews.com
Copyright © 2005 The Detroit News
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