Affirmative action ballot language challenged

A University of Nebraska-Lincoln student is challenging the ballot language for a measure that would bar some kinds of affirmative action in Nebraska.

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A University of Nebraska-Lincoln student has filed a lawsuit challenging the ballot language of a proposed constitutional ban on race- and gender-based affirmative action.

Jeff Hall is suing Attorney General Jon Bruning and Secretary of State John Gale in Lancaster County District Court.

Hall alleges Bruning’s language explaining the affirmative-action ban for the November ballot is misleading and unfair to voters.

Hall is asking the court to amend Bruning’s language to say that the ban would eliminate programs aimed at improving opportunities for and reducing discrimination against women and minorities.

The current ballot language, as proposed by Bruning, bans preferential treatment based on race, sex, color, ethnicity or national origin.

Critics say that language is misleading because it does not explicitly tell voters they are being asked to end some forms of affirmative action.

“We believe it is imperative that Nebraska voters have the right to know what they are being asked to vote on,” David Kramer, campaign lawyer for the pro-affirmative action group Nebraskans United, said in announcing Hall’s lawsuit.

A spokeswoman for Bruning could not be reached Monday.

But Doug Tietz, executive director of the Nebraska Civil Rights Initiative, the group behind the proposed affirmative-action ban, called the lawsuit a “last tactic” by those who support preferential treatment based on race and gender.

“There’s nothing misleading about (the language),” Tietz said. “It’s short, simple and to the point… (The lawsuit) demonstrates the low regard our opposition has for the voters of Nebraska.”

Allies of the Nebraska Civil Rights Initiative needed to collect about 115,000 petition signatures by July 4 to put an affirmative-action ban before voters in November.

The group submitted 167,000 signatures to the Secretary of State’s office on July 3. Those signatures are now going through the validation process.

Similar efforts to end race- and gender-based affirmative action previously have succeeded in California, Washington and Michigan and are active in Arizona and Colorado this year. Efforts failed this year in Oklahoma and Missouri.

Reach Melissa Lee at 473-2682 or mlee@journalstar.com.

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