TEXT VOTERS WILL SEE ON THE BALLOT
PROPOSITION 107 - PROPOSED AMENDMENT TO THE CONSTITUTION BY THE LEGISLATURE RELATING TO PREFERENTIAL TREATMENT OR DISCRIMINATION PROHIBITS
PROHIBITS THIS STATE FROM GRANTING PREFERENTIAL TREATMENT TO OR DISCRIMINATING AGAINST ANY PERSON OR GROUP ON THE BASIS OF RACE, SEX, COLOR, ETHNICITY OR NATIONAL ORIGIN; EXEMPTS REASONABLY NECESSARY QUALIFICATIONS BASED ON SEX, EXISTING COURT OF ORDERS AND ACTIONS THAT WOULD RESULT IN THE LOSS OF FEDERAL FUNDS.
A "yes" vote shall have the effect of prohibiting the State from giving preferential treatment to or discriminating against any person or group on the basis of race, sex, color, ethnicity or national origin. The prohibition applies to preferences or discrimination in public employment, education or contracting. It exempts reasonably necessary qualifications based on sex, existing court orders and actions that would result in the loss of federal funds. The State includes state government, local government, public colleges and universities, community colleges and school districts.
A "no" vote shall have the effect of retaining the current law regarding preferential treatment to or discrimination against any person or group on the basis of race, sex, color, ethnicity or national origin in public employment, education or contracting.
ANALYSIS BY LEGISLATIVE COUNCIL
Proposition 107 would amend the Arizona Constitution to ban affirmative action programs that give preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting. This proposition does not prohibit bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education or public contracting. This proposition would not prohibit action necessary to prevent a loss of federal funding to the state and would not invalidate any existing court orders. The remedies for violations of this proposition would be the same as for violations of current antidiscrimination laws. This proposition applies to the state, counties, cities, towns, special districts and other political subdivisions of the state, including school districts, public universities and community college districts.
This proposition would apply only to actions that are taken after the effective date of this proposition.
ACTUAL LANGUAGE OF THE AMENDMENT WHICH WILL BE INSERTED IN THE CONSTITUTION IF PASSED BY ARIZONA VOTERS ON NOVEMBER 2, 2010
Article II, Section 36
A. This state shall not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.
B. This section does not:
1. Prohibit bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education or public contracting.
2. Prohibit action that must be taken to establish or maintain eligibility for any Federal program, if ineligibility would result in a loss of Federal monies to the state.
3. Invalidate any court order or consent decree that is in force as of the effective date of this section.
C. The remedies available for a violation of this section are the same, regardless of the injured party's race, sex, color, ethnicity or national origin, as are otherwise available for a violation of the existing antidiscrimination laws of this state.
D. This section shall applies only to the actions that are taken after the effective date of this section.
E. This section is self-executing.
F. For the purposes of this section, "state" includes this state, a city, town or country, a public university, including the University of Arizona, Arizona State University and Northern Arizona University, a community college district, a school district, a special district or any other political subdivision of the state.