With race looming as a key issue in the fall elections—perhaps a
pivotal one, assuming that Barack Obama is the Democratic
nominee—diehard defenders of the racial status quo are going to
unprecedented lengths to prevent voters from having their say on
government-sponsored racial preferences. Leftist activists are lining
up to fight four state ballot initiatives that, if passed on November
4, will outlaw preferential treatment based on race, gender, and
national origin in public university admissions as well as government
hiring and contracting. Knowing that such anti-preference initiatives
enjoy strong public support—in fact, they have already passed
overwhelmingly in three of the nation’s bluest states—the activists
have zero interest in waging these fights on the merits. Rather, their
goal is to keep the initiatives off the ballot by any means necessary,
up to and including political chicanery and outright physical
intimidation.
The states where anti-preferences forces are aiming to be on the
ballot are Arizona, Colorado, Missouri, and Nebraska. Leading the
campaign, dubbed “Super Tuesday for Equal Rights,” is California
businessman Ward Connerly, long the nation’s leading advocate for
colorblind government policies. In 1996, Connerly launched the first
such measure, the California Civil Rights Initiative, or Proposition
209; he was drawn to the issue by his realization, as a trustee of the
state’s university system, that race was routinely the key determinant
in whether a student was accepted or rejected at California’s public
colleges. Following a bruising campaign, marked by Prop. 209 opponents’
relentlessly attacking supporters as racist, the initiative passed by 8
points. Two years later, a near-identical measure won by 16 points in
Washington State. And in 2006, despite a powerful Democratic tide, the
Michigan Civil Rights Initiative likewise passed by a decisive 58 to 42
percent.
In fact, so powerfully does the issue resonate with voters as a
matter of elementary fairness that its support everywhere cuts across
traditional party lines. In liberal Washington State, for example, the
anti-preferences initiative was backed not only by 80 percent of
Republicans and 62 percent of independents, but by 41 percent of
Democrats; this in the face of liberal opposition that—abetted by such
local corporate behemoths as Eddie Bauer, Microsoft, and
Starbucks—massively outspent supporters of the measure. The Michigan
Civil Rights Initiative similarly passed despite the fierce opposition
of a liberal-left coalition of 180 groups, ranging from the League of
Women Voters and the United Auto Workers to the Arab-American
Institute. After the Michigan initiative’s passage, the leader of the
most radical of the opposition groups, By Any Means Necessary, declared
that the only way to stop anti-preference measures was to ensure that
they never reached the voters.
While Connerly’s troops have gone about the difficult and costly
process of placing the state initiatives on the ballot this November,
preference defenders have seized on unprincipled strategies to block
them, focusing in particular on two swing states with large minority
populations: Colorado and Missouri. In Colorado, the pro-preference
side first mounted a series of challenges to the legal basis of the
Colorado Civil Rights Initiative (CCRI), alleging that it deceptively
misappropriated the term “civil rights” and also claiming that
“preferences” did not in and of themselves equal “discrimination”—so
that in seeking to outlaw both, the measure supposedly violated the
state’s “single-subject” rule governing ballot initiatives.
When these arguments failed to pass muster with the electoral
commission and state courts, preference defenders tried an even more
novel approach, deceptive in intent yet heavy-handed in execution: a
ballot initiative of their own, a shadow version of the anti-preference
measure clearly intended to confuse voters. Indeed, its first sentence
is identical to that of the anti-preference measure: “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 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,
public education, and public contracting?” But as Connerly notes, “it
proceeds in the second sentence to say that, notwithstanding the first
sentence, any public agency in Colorado would be free to leave
preferences intact.”
After considerable back-and-forth, the state’s title board
disallowed the language in the shadow amendment, and preference
supporters are currently trying to come up with alternative wording.
But given the need to submit upward of 76,000 valid signatures to place
an initiative on the state ballot, the clock is running out. Meanwhile,
CCRI supporters have already submitted 50,000 more signatures than
required, so the genuine anti-preferences initiative will definitely be
on the ballot.
So, almost certainly, will the measures in Nebraska and in John
McCain’s home state of Arizona. Connerly remains confident about
Missouri as well, though the opposition there has been even more
aggressive in its tactics. Democratic secretary of state Robin
Carnahan, charged with what is normally the routine certification of
ballot measures, instead went to work on this one, eliminating its
straightforward language, derived from that of the Civil Rights Act of
1964, and substituting wording that pleads the other side’s case. The
question, as she wanted to pose it to voters, was whether to amend the
state’s constitution to “ban affirmative action programs designed to
eliminate discrimination against, and improve opportunities for, women
and minorities in public contracting, employment and education.” So
egregious was this subterfuge that a liberal county circuit judge took
the unprecedented step of throwing out Carnahan’s rewrite and
reinstating the original language almost intact.
Still, as Connerly observes, “all the forces of the Left are
converging in Missouri—Acorn and the rest of the race industry, the
feminists, the unions, the contractors who feed off this stuff—and
George Soros is providing a lot of the funding. They’re enlisting the
whole vast left-wing conspiracy—and, believe me, it’s a lot vaster than
the supposed right-wing one.” The ugliness is most evident on the
streets, where supporters of the ballot initiative are busy gathering
signatures. Opponents’ chief tactic is to use “blockers”—often burly
union men—to shadow signature gatherers and scare off potential signers
by charging not only that the initiative is racist and has the support
of the Ku Klux Klan, but also that the signers risk identity theft. In
addition, the pro-preferences sources have dispatched their people to
sign petitions with false names and addresses, so that they will be
invalidated later.
Earlier this year, such methods took their toll in Oklahoma, which
was to be the fifth state holding such an initiative and where, with
the measure polling at close to 90 percent, it would surely have won.
In the end, though, the number of signatures gathered exceeded the
required number by only a few thousand. Since typically only 72 percent
of any petition’s signatures are valid, and since the ACLU and NAACP
were importing teams to challenge every one, Connerly chose not to
proceed. “We had a choice of spending a quarter of a million dollars to
defend the signatures we had, with the likelihood of not succeeding,”
he says, “or fight another day. Eventually we’ll have to sue to change
that process.” But Oklahoma is a special case, with the toughest ballot
requirements anywhere: all signature gatherers must be state residents,
and they have a mere 90 days to get an unusually high number of
signatures.
Connerly is taking no chances in Missouri. The fight against
Carnahan’s rewrite of the initiative ate up considerable time, and with
a May 4 deadline looming, he has put out a call for opponents of racial
preferences to come to the state over the next few weeks and lend a
hand. “I don’t blame the Democrats for being scared of these
initiatives,” he says with understatement, “especially on the heels of
Jeremiah Wright.”
Though the racial-preference ballot measures are officially
nonpartisan, they stand to make a dramatic impact on the fall campaign.
With the question of racial preferences effectively nationalized by its
presence on multiple state ballots, neither party’s presidential
candidate will be able to evade the issue. While this might pose a
dilemma for McCain—who, like most Republicans, has long shied away from
the topic and might worry about jeopardizing Hispanic support—it could
be catastrophic for Obama. As Connerly says, “This is a guy who’s tried
awfully hard for a long time not to appear what he is—just another
left-winger who supports preferences.”