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Arizona Proposition 107, Affirmative Action Amendment (2010)
Arizona Proposition 107 | |
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Election date |
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Topic Affirmative action |
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Status |
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Type Legislatively referred constitutional amendment |
Origin |
Arizona Proposition 107 was on the ballot as a legislatively referred constitutional amendment in Arizona on November 2, 2010. It was approved.
A "yes" vote supported adding Section 36 to the Arizona Constitution's Declaration of Rights, which said that the state cannot discriminate against or grant preferential treatment on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting. |
A "no" vote opposed adding Section 36 to the Arizona Constitution's Declaration of Rights, which said that the state cannot discriminate against or grant preferential treatment on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting. |
Election results
Arizona Proposition 107 |
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Result | Votes | Percentage | ||
952,086 | 59.51% | |||
No | 647,713 | 40.49% |
Text of measure
Ballot title
The ballot title for Proposition 107 was as follows:
“ | PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE II, BY ADDING SECTION 36, CONSTITUTION OF ARIZONA; RELATING TO PREFERENTIAL TREATMENT OR DISCRIMINATION PROHIBITION. | ” |
Ballot summary
The ballot summary for this measure was:
“ | PROHIBITS THE 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 ORDERS AND ACTIONS THAT WOULD RESULT IN THE LOSS OF FEDERAL FUNDS. | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
- See also: Article 2, Arizona Constitution
Proposition 107 added Section 36 to Article 2 of the Arizona Constitution. The following underlined text was added:[1]
Note: Hover over the text and scroll to see the full text.
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 this 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 applies only to 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 county, 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 in this state.[2]
Path to the ballot
- See also: Amending the Arizona Constitution
A simple majority vote was needed in each chamber of the Arizona State Legislature to refer the constitutional amendment to the ballot for voter consideration.
See also
External links
Footnotes
- ↑ Arizona Memory Project "2010 General Election Publicity Pamphlet," accessed March 30, 2023
- ↑ Note: This text is quoted verbatim from the original source.
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