BND.com
By CHRIS BLANK
Associated Press Writer
Monday, Dec. 22, 2008
A proposed constitutional amendment banning many Missouri affirmative action programs again has prompted litigation over the wording of the proposal's ballot summary.
Earlier this month, the secretary of state's office approved for circulation a proposed 2010 ballot measure that would restrict affirmative action programs in public contracting, employment and education. But the measure's description - just like an identical proposition for the 2008 ballot - has prompted a legal fight over the fairness of the ballot summary prepared by the secretary of state's office.
Although supporters of initiative petitions write the language of their own measures, the secretary of state's office writes the summaries that appear on the ballot. So supporters and opponents of controversial measures frequently sue on claims that the state's summary is unfair or insufficient.
The 2010 summary written by Secretary of State Robin Carnahan's office asks whether the state constitution should be amended to: "Ban affirmative action programs designed to eliminate discrimination against, and improve opportunities for, women and minorities in public contracting, employment and education; and allow preferential treatment based on race, sex, color, ethnicity, or national origin to meet federal program funds eligibility standards as well as preferential treatment for bona fide qualifications based on sex?"
Petition sponsor Tim Asher said Monday the wording is inaccurate, confusing, unfair and prejudicial. Critics of the ballot measure don't like the state's summary either, calling it insufficient while seeking to have the entire petition declared unconstitutional.
It's a close replay of the legal wrangling that marked Asher's efforts to get an affirmative action petition on the 2008 ballot.
Earlier this year, Cole County Judge Richard Callahan called Carnahan's summary for the 2008 version "troubling" because it could have led voters to believe they were voting for affirmative action programs.
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