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Wording in proposed ballot measure fuels appeal to high court

Published August 3, 2007 at midnight

Opponents to a proposed 2008 ballot measure that would end "preferential treatment" in state government have filed an appeal to the state Supreme Court.

The appeal was filed after opponents to the proposal lost their challenge June 20 to the state Ballot Title Board's decision to approve its language.

They argued that the proposal violated the single-subject requirement, and that certain language in the proposal was biased and would influence voters to support it.

It begins: "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 ..."

Denver attorney Edward Ramey argued that voters could be against discrimination, but in favor of preferential treatment if it serves as a remedy for past discrimination.

He said the two ideas could be construed as two opposing ideas, which would go against the rule that ballot measures present just one issue. But state officials disagreed and upheld their decision after opponents filed a motion for a rehearing.

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