2008 Nebraska Initiative 424

Referendum banning affirmative action at the state level February 2026 June 2021 2008 Nebraska Initiative 424 Nebraska Civil Rights Initiative A constitutional amendment to prohibit the State, any public institution of higher education, political subdivision or government institution from discriminating against, or granting preferential treatment to, individuals or groups based upon race, sex, color, ethnicity, or national origin in operating public employment, education or contracting. November 4, 2008 Nebraska 404,766 298,401 703,167 2008 Nebraska Initiative 424.svg County resultsYes #B6C8D9 50%–60% 1px #AAAAAA solid#7D9CBB 60%–70% 1px #AAAAAA solidNo #DEDEBD 50%–60% 1px #AAAAAA solid#EBEEED Tie 1px #AAAAAA solid Source:https://sos.nebraska.gov/sites/sos.nebraska.gov/files/doc/elections/2008/2008%20General%20Canvass%20Book.pdf 2008 Nebraska Election Results Election Results [Page 66] Measure Number 424 A constitutional amendment to prohibit the State, any public institution of higher education, political subdivision or government institution from discriminating against, or granting preferential treatment to, individuals or groups based upon race, sex, color, ethnicity, or national origin in operating public employment, education or contracting.TOTAL For 404766 Against 298401 The Nebraska Civil Rights Initiative, also known as Initiative 424, was a 2008 ballot measure that proposed a constitutional amendment which would prohibit the state from 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."http://www.nebraskacri.org/ballotlanguage.html Proposed Constitutional Amendment Language Nebraska Civil Rights Initiative December 17, 2010 dead https://web.archive.org/web/20081107110152/http://www.nebraskacri.org/ballotlanguage.html November 7, 2008 The measure, in effect, banned affirmative action at the state level. It passed with 58% of the vote.https://www.usatoday.com/news/politics/2008-11-05-491640836_x.htm Neb. voters approve ban on affirmative action USA Today November 5, 2008https://www.nytimes.com/2008/11/08/us/politics/08affirm.html?partner=rssnyt&emc=rss Dan Frosch Vote Results Are Mixed on a Ban on Preference The New York Times November 7, 2008http://ballotpedia.org/wiki/index.php/Nebraska_Civil_Rights_Initiative,_424_%282008%29 Nebraska Civil Rights Initiative, 424 (2008) Ballotpedia December 17, 2010 Amendment Wording Be it enacted by the people of the State of Nebraska that, Article I of the Constitution of Nebraska be amended by adding a Section 30 as follows: (1) 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. (2) This section shall apply only to action taken after the section's effective date. (3) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting. (4) Nothing in this section shall invalidate any court order or consent decree that is in force as of the effective date of this section. (5) Nothing in this section prohibits action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state. (6) For purposes of this section, state shall include, but not be limited to: (a) the State of Nebraska; (b) any agency, department, office, board, commission, committee, division, unit, branch, bureau, council, or subunit of the state; (c) any public institution of higher education; (d) any political subdivision of or within the state; and (e) any government institution or instrumentally of or within the state. (7) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Nebraska’s anti-discrimination law. (8) This section shall be self executing. If any part or parts of this section are found to be in conflict with federal law or the Constitution of the United States, this section shall be implemented to the maximum extent that federal law and the Constitution of the United States permit. Any provision held invalid shall be severable from the remaining portions of this section.Gale John A Informational Pamphlet: Text of Proposed Measure http://www.sos.ne.gov/elec/2008/pdf/pamphlet%20424.pdf Nebraska Secretary of State February 14, 2018 Ballot Description A Constitutional amendment to prohibit the state from discriminating against, or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education or public contracting; to apply the amendment only to action after the amendment's effective date; to allow bona fide qualifications based on sex that are reasonably necessary; to exempt any court order or consent decree that is in force as of the effective date of this amendment; to provide an exception for certain federal programs; to define state for purposes of the amendment; to provide for remedies; to make the amendment self-executing; to make provision in the event of conflict with federal law or the United States Constitution; and to provide for severability. Text of Measure Be it enacted by the people of the State of Nebraska that, Article I of the Constitution of Nebraska be amended by adding a Section 30 as follows: (1) 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. (2) This section shall apply only to action taken after the section's effective date. (3) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting. (4) Nothing in this section shall invalidate any court order or consent decree that is in force as of the effective date of this section. (5) Nothing in this section prohibits action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state. (6) For purposes of this section, state shall include, but not be limited to: (a) the State of Nebraska; (b) any agency, department, office, board, commission, committee, division, unit, branch, bureau, council, or sub-unit of the state; (c) any public institution of higher education; (d) any political subdivision of or within the state; and (e) any government institution or instrumentally of or within the state. (7) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Nebraska's antidiscrimination law. (8) This section shall be self executing. If any part or parts of this section are found to be in conflict with federal law or the Constitution of the United States, this section shall be implemented to the maximum extent that federal law and the Constitution of the United States permit. Any provision held invalid shall be severable from the remaining portions of this section. Support The Nebraska Civil Rights Initiative was one of the anti-preferential-treatment initiatives supported by civil rights activist Ward Connerly during the 2008 elections, in what he called a "Super Tuesday for Equal Rights". While similar measures were voted on in other states, voters in Nebraska were the only ones to approve such a measure in 2008.Naomi Zeveloff After Colorado loss, Ward Connerly may pull the plug on affirmative-action bans November 7, 2008 The Colorado Independent http://coloradoindependent.com/14617/ward-connerly-may-pull-the-plug November 26, 2008 Results Initiative 424 404766 298401 https://sos.nebraska.gov/sites/sos.nebraska.gov/files/doc/elections/2008/2008%20General%20Canvass%20Book.pdf 2008 Nebraska Election Results Election Results [Page 66] Measure Number 424 A constitutional amendment to prohibit the State, any public institution of higher education, political subdivision or government institution from discriminating against, or granting preferential treatment to, individuals or groups based upon race, sex, color, ethnicity, or national origin in operating public employment, education or contracting.TOTAL For 404766 Against 298401 References Category:Race and law in the United States Category:Affirmative action in the United States Category:2008 Nebraska elections Nebraska Initiative 424 Category:Nebraska ballot measures Category:Initiatives in the United States Category:Opposition to affirmative action