Colorado bucks trend on preferences

If amendment to end race- and gender-based affirmative action fails, Colorado would stand alone

By Katie Kerwin McCrimmon, Rocky Mountain News (Contact)

Published November 6, 2008 at 12:05 a.m.

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Opponents of a measure to end preference programs for women and minorities in Colorado hold a razor-thin lead in late vote counting.

It it holds and Amendment 46 fails, Colorado would become the first state in the country to defeat such a measure.

Similar measures, sponsored by California millionaire Ward Connerly, have passed in California, Michigan, Washington, Florida and, as of Tuesday, Nebraska.

Coloradans, however, were sharply divided over Amendment 46, with just 14,000 votes out of the nearly 2 million counted so far, dividing the opponents and the supporters.

Opponents are cautiously optimistic that the outstanding votes still to be tallied will cut their way. Counting could continue for days.

And, if after all the ballots are counted the margin separating the two sides is less than half of 1 percentage point, an automatic recount would be required.

"It looks like the voters in Colorado thought about this and understood what the truth is here and were not fooled by this trick," said Melissa Hart, co-chair of No on 46.

"I am excited about the possibility that we might be the first state to say to Connerly that we are not interested in this deceptive initiative and that we stand for a different set of values," Hart said. "We're all stronger if each of us is stronger," she said.

Proponents of the measure believe voters were weary of so many ballot measures this year and believe some voted "no" across the board.

Others, they said, may have been confused because of the long ballot or failed to completely read Amendment 46.

Proponents hinted that if the measure fails, they will try again. They also celebrated receiving support from nearly 1 million Colorado voters.

"Through their votes, they took a stand for ending government-sanctioned gender and race discrimination, and we will do everything in our power to give a voice to that momentum," said Jessica Corry, leader of the Yes on 46 campaign.

"Election night, in many ways, was the beginning, not the end of the campaign," Corry said.

She also put government institutions on notice. "We will work immediately to make sure public officials are complying with current federal law," Corry said.

Jennifer Gratz, director of state and local initiatives for Connerly's group, the American Civil Rights Coalition, said she's convinced that Coloradans eventually would vote to end preferences and said her group will continue to work for an end to such programs.

"I don't think the Colorado results are based on the content of the measure," she said. "There was an active effort to get people to vote no on everything."

Even if the measure goes down the first time, Gratz said, Connerly's group would not be defeated.

"We've always said this is a marathon, not a sprint," said Gratz. "We will see these policies end sooner rather than later. "

Pollster and political analyst Floyd Ciruli said it's striking that Colorado appears to be balking at a national trend.

"It's fairly extraordinary," Ciruli said. He recalled a parallel with a ballot initiative supported by out-of-state supporters who tried to mandate English as the state's official language.

Ciruli said both sides are partly correct.

"The proponents are right that it was a pretty negative vote on the ballot issues. Very little did well," he said.

And while early polls showed the measure passing handily, the polls tightened as Election Day approached, signaling that opponents were able to get their message out, he said.

Ultimately, Ciruli believes, the massive turnout for Obama helped the measure's opponents.

"They benefited from a good year," he said. "Some conservatives were negative about putting anything on the ballot. They also picked up the progressive audience who were voting for a black president."

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