Affirmative Action

Having failed to qualify his anti-affirmative action initiative in Oklahoma and Missouri, Ward Connerly's group gives $90,000 for signature gathering in Arizona; he's given $180,000 so far. That may sound like a lot, but it's not enough to qualify an initiative in the state. Keep an eye on this.

This is getting to be a habit with Ward Connerly. Earlier this year, he said that he would qualify anti-affirmative action initiatives for ballots in five states. But he struck out in qualifying in Oklahoma, failing to get enough valid signatures after facing several challenges. Now he's missed the deadline for signature turn-in in Missouri. So his initiatives only will appear in three states, tops. (Colorado signatures are being challenged in court). What's unclear is why he keeps failing. Connerly blames his opponents and, in Missouri, a blocking campaign, but lots of measures face strong opposition and blocking campaigns. If a signature effort is properly organized and funded, it will qualify for the ballot. In these states, Connerly is effectively wasting money by gathering signatures but not getting enough to qualify on the ballot. If he wants to find out who is to blame for these failures, it might be time for him to buy a mirror.

This Associated Press story from Missouri tries to turn what is routine into a scandal. A reporter watches signature gathering in St. Louis on multiple ballot measures, and interviews a man who signs his name three separate times, not realizing he is signing three separate petitions -- including a Ward Connerly-backed anti-affirmative action initiative he doesn't like -- instead of just one. It appears the gatherer talked ot him only about the first petition, an eminent domain measure, and not the others, including the affirmative action one. This is treated as an outrage.

Yes, it would be nice if gatherers patiently explained everything they are doing, but this is typical behavior and -- in the next phrase I'm practicing law without a license -- doesn't violate misrepresentation laws, despite the claims of the AP. Signature gatherers -- who are paid by the signature -- typically carry all of the better paying petitions in a state on their clipboards, and love to get signatures on multiple measures. It is not the gatherers' job or responsiblity to explain what voters are signing. It's the responsibility of voters. The gentleman in the AP story could have simply taken the time to read each of the things he was signing. It is not too much to ask. Signature gatherers are there to collect signatures, not to protect you from yourself.

The ballot initiative is short of signatures and could fall short of qualifying for the ballot, according to the Arizona Republic, citing anonymous sources. Sponsors of the ballot initiative, which proposes to end affrimative action by public agencies, say it's not true. If the report is correct, it wouldn't be the first time that Ward Connerly and his supporters have had trouble in their efforts to qualify anti-affirmative action measures in five states. They already came up short in one of the five states, Oklahoma, where the political climate has been hostile to petition circulators.

A  busy, busy day for blockbuster democracy... 10 items follow.

ARKANSAS RE-FILING: After the attorney general rejected the first version, an initiative to require proof of citizenship or legal status to receive public benefits has been refiled by its supporters. This measure appears headed for the November ballot. It creats a political dilemma in particular for Democrats, who continue to have a hold on Arkansas politics that they've lost in other Southern states. It also could complicate the efforts of Democratic presidential candidates, who would be almost certain to oppose it,  to win a state that may well be in play in a Democratic year. 

COLORADO HISTORY LESSON: The writer David Sirota goes deep -- very deep -- in explaining the history behind the current labor-business imbroglio that appears headed to the ballot.in Colorado. All the way to the Ludlow Massacre (he name-checks my Los Angeles Times colleague Scott Martelle's, whose book about that slaughter, Blood Passion, is an instant classic of Western history). Sirota sees Gov. Bill Ritter's efforts to find a compromise and head off ballot measures in a very dark, anti-union way. That may not be fair, but the piece is worth reading.

CONNERLY SURRENDER: Connerly gives up in Oklahoma. It was one of five states where he had sponsored measures opposing affirmative action. They didn't collect enough signatures, they tell the Tulsa World. This is a major logistical screw-up by Connerly and his backers; signatures had been turned in in December. The backers had more time to gather signatures, but appear to have done a poor job in collecting valid signatures and in calculating how many they needed.

WILL THE SUNSHINE IN? Margot Roosevelt of the LA Times takes a thorough look at an alternative energy ballot initiative in California, sponsored by the University of Phoenix founder. The solar energy industry is skeptical.

COORS SIGHTING: The Rocky Mountain News reports on Monday's meeting between backers of a "right-to-work" initiative in California and Gov. Bill Ritter. No news from the meetings--lips were tight afterward, and no agreements have been reached. Ritter clearly would like labor and business groups to slow down their move towards a multi-initiative war. The News piece focuses on former Schwarzenegger aide, Jonathan Coors. And yes, he is one of those Coors.

UPDATED APRIL 4 After two nights of contacting gatherers and reading initiatives from all over the country (AND SOME EXCELLENT CORRECTIONS ON ARKANSAS AND MICHIGAN FROM Ballotpedia), here's my report on what's "on the street" and circulating in this great democratic land of ours. Please let me know if you think I'm missing important measures. For a more progressive take and focus, you can look at the Ballot Initiative Strategy Center's issues map.

CRACKDOWN ON SIGNATURE GATHERERS? The Contra Costa Times has this item in praise of a bill that will attempt to hold initiative sponsors liable for misstatements and misrepresentations made by signature gatherers. One wonders if the sponsor has met any signature gatherers, who tend to be, shall we say, independent-minded. They often are folks who, because of their life choices, like to be paid in cash. How does one police these misrepresentations? Who decides? This bill may pass, but it seems like an outrageous criminalization of political speech that will produce nothing more than litigation.

NO EMERGING NATIONAL TREND: Those Nevada ballot initiatives -- one putting more scrutiny on government contracting, the other banning taxpayer funds from being used for lobbying -- have been withdrawn by their conservative backers. Those backers blame legal challenges by labor for slowing down qualification of the measures.

SARASOTA COUNTY: Florida is billed as a model for how to use ballot initiatives to control growth.

That's the fear being expressed at this week's gathering in Washington of Take Back America. Progressives have reasons to fear the use of ballot initiatives to drive conservative turnout or divide Democratic voters in key states. (See the use of measures opposing same-sex marriage four years ago). And it's true that there are similar measures opposing gay rights and affirmative action on multiple states ballots this fall.

But I wouldn't be too sure. Polls show the country growing more open to same-sex marriage. In Florida, Republican politicians have been trying to avoid taking any position whatsoever on an initiative there. And it seems unlikely that, in a time of war and recession, such issues will be a factor in the decisions people make at the polls.

The backer of anti-affirmative action ballot initiatives tells the Rocky Mountain News he gave a "token" amount because he likes Obama's "post-racial" candidacy. It must be truly be token. The contribution does not show up in a search of the Federal Election Commission database. Given Connerly's reputation among Democrats, this is one endorsement the Illiniois senator didn't need.

In related news, Connerly's initiative in Colorado appears to have enough signatures to make the ballot. This is one of five states where he's sponsoring measures banning affirmative action in government programs.