Amendment 46, also known as the Colorado Civil Rights Initiative, was a proposed initiative on the Colorado ballot for the state during the 2008 U.S general election. If ratified, Article II of the Colorado Constitution would have stated:
The State shall not discriminate against, or grant 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.
Controversy The proposed initiative was sponsored by Californian Ward Connerly. In April, 2008, a Colorado group sued, claiming that over 69,000 signatures on the ballot petition were invalid.David Montero (April 24, 2008). "Suit filed over Amendment 46", Rocky Mountain News. Some citizens also claimed that they signed the petition through voter fraud.Blake Wesley (April 16, 2008). "Colorado Anti-Affirmative Action Legislation Amendment 46 ", electionunspun.org.
Governor Bill Ritter opposed the amendment,Jerd Smith (September 29, 2008). "Ritter: Amendment 46 'undercuts Colorado'", Rocky Mountain News. along with the Colorado Council of Churches.Associated Press (June 10, 2008). "Group Opposes Anti-Affirmative Action Measure", KCNC-TV.
Petition company National Ballot Access was hired to manage this petition drive.Dan Hayes Denver Ballot Proposal A Success The Minutemen Civil Defense CorpsUnions may lose a labor-state The Union News, April 10, 2008
Result
Aftermath Initiatives with the same language have been introduced and approved in five other states, including California (1996), Washington (1998), Michigan (2006), Nebraska (2008), and Arizona (2010); Colorado was the first state where it was defeated. On December 17, 2010 the University of Colorado at Boulder released a reportMichele Moses, et al (September, 2010). "Investigating the Defeat of Colorado's Amendment 46: An Analysis of the Trends and Principal Factors Influencing Voter Behaviors. ", Leadership Conference on Human and Civil Rights. analyzing the factors that led to the defeat of Amendment 46. According to the study, "...Coloradans overwhelmingly intended to support affirmative action on Election Day; arguably, were Amendment 46 a clearly worded referendum on attitudes toward affirmative action, it would have failed by a much wider margin: 66 to 34 percent." The report also found that (a) many voters were confused by the initiative, (b) voters who followed the measure in the media were more likely to oppose it, and (c) proposed alternative initiatives in support of equal opportunity contributed to the measure's defeat.Leadership Conference on Human and Civil Rights (December 17, 2010). "Report Analyzes Successful Campaign to Defeat Colorado's Anti-Equal Opportunity Ballot Measure. "
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