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Washington Define and Prohibit Special Preferences Initiative (2021)
| Washington Define and Prohibit Special Preferences Initiative | |
|---|---|
 | |
| Election date November 2, 2021 | |
| Topic Affirmative action | |
| Status Not on the ballot | |
| Type State statute | Origin Citizens |
The Washington Define and Prohibit Special Preferences Initiative was not on the ballot in Washington as an Initiative to the Legislature, a type of indirect initiated state statute, on November 2, 2021.
This initiative would have defined and prohibited special preferences.[1]
Text of measure
Full text
The full texts of the different versions of the initiative are available here.
Background
Affirmative action
Affirmative action refers to a set of policies adopted by governments and institutions to increase the proportions of historically disadvantaged minority groups at those institutions. These measures have taken many different forms, including quotas, extra outreach efforts, and student financial aid specifically for minorities. Affirmative action policies can most often be found in government employment and university admissions. Racial quotas in university admissions were banned in a 1978 United States Supreme Court case, Regents of the University of California v. Bakke.[2] To read more about affirmative action in Washington, click here.
Washington Initiative 200 (1998)
Washington I-200 appeared on the ballot as an Initiative to the Legislature for the election on November 3, 1998. I-200 was sponsored by Tim Eyman, a frequent sponsor of initiatives in Washington. Voters approved I-200 in a vote of 58.22% to 41.78%. I-200 prohibited public institutions from discriminating or granting preferential treatment based on race, sex, color, ethnicity or national origin in the areas of public education, public employment, and public contracting.[3][4]
The Washington Supreme Court has interpreted I-200 as prohibiting "reverse discrimination where race or gender is used by [the] government to select a less qualified applicant over a more qualified applicant." The Washington Attorney General Bob Ferguson issued an opinion in 2017 stating, "I-200 does not prohibit all race- and sex-conscious measures. Rather, it prohibits only measures that have the effect of elevating less qualified contractors over more qualified contractors."[5]
Affirmative action bans in other states
As of 2019, seven other states banned affirmative action at public universities. In Arizona, California, Michigan, Nebraska, and Oklahoma, the bans were put on the statewide ballot and approved by voters. In New Hampshire, the ban was passed by the legislature. In Florida, Governor Jeb Bush created the ban through executive order.[6]
The following constitutional amendments prohibited 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, or public contracting:
- California Proposition 209, Affirmative Action Initiative (1996)
- Michigan Proposal 2, Affirmative Action Initiative (2006)
- Nebraska Measure 424, Affirmative Action Initiative (2008)
- Oklahoma State Question 759, Affirmative Action Amendment (2012)
The Oklahoma measure was referred to the ballot by the state legislature while the California, Michigan, and Nebraska measures were initiated by citizens.
The Arizona Proposition 107 of 2010, a legislatively referred amendment, banned affirmative action programs in the state that were administered by statewide or local units of government, including state agencies, cities, counties, community colleges, and school districts.
Path to the ballot
The state process
In Washington, the number of signatures required to qualify an indirectly initiated state statute—called an Initiative to the Legislature in Washington—for the ballot is equal to 8 percent of the votes cast for the office of governor at the last regular gubernatorial election. Initial filings for indirect initiatives cannot be made more than 10 months before the regular session at which their proposal would be presented to lawmakers. Signatures must be submitted at least 10 days prior to the beginning of the legislative session in the year of the targeted election.
The requirements to get an Initiative to the Legislature certified for the 2021 ballot:
- Signatures: 259,622 valid signatures were required.
- Deadline: December 31, 2020
The secretary of state verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure is certified to appear before the legislature. If the legislature does not approve the measure, it is certified to appear on the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature is checked. Under Washington law, a random sample result may not invalidate a petition.
Details about this initiative
- April Featherkile filed the different versions of the initiative on August 28, 2020.[1]
- Sponsors did not submit signatures by the deadline.[7]
See also
External links
- ↑ 1.0 1.1 Washington Secretary of State, "Proposed Initiatives to the 2021 Legislature," accessed August 17, 2020
- ↑ Oyez, "Regents of the University of California v. Bakke," accessed February 11, 2015
- ↑ National Conference of State Legislatures, "Affirmative Action: State Action," accessed April 21, 2015
- ↑ Washington State Legislature, "RCW 49.60.400," accessed May 6, 2015
- ↑ Washington State Office of the Attorney General, "USE OF RACE- OR SEX-CONSCIOUS MEASURES OR PREFERENCES TO REMEDY DISCRIMINATION IN STATE CONTRACTING," accessed August 9, 2019
- ↑ The Century Foundation, "What Can We Learn from States That Ban Affirmative Action?" accessed August 21, 2019
- ↑ Ballotpedia staff, telephone communication with the Washington Secretary of State's office, January 1, 2021.
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State of Washington Olympia (capital) |
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