Tulsa World

By BARBARA HOBEROCK World Capitol Bureau
4/5/2008

Backers say they don't have enough valid signatures to get the proposal on a ballot.

OKLAHOMA CITY -- Backers of a proposed state question to end race and gender preferences have asked to withdraw the measure from consideration.

Critics said it would have ended affirmative action in Oklahoma.

Lawyers for Oklahoma City attorney W. Devin Resides filed a motion with the Oklahoma Supreme Court on Friday to withdraw the proposed ballot measure, State Question 737, from consideration.

Resides, who could not be reached for comment late Friday, was a backer of the measure, which is being challenged by the American Civil Liberties Union.

The motion to withdraw the measure says backers do not believe that the number of signatures required to get on the ballot has been obtained. To get on the ballot, the petition would need 138,970 valid signatures.

Supporters submitted the petitions to the Oklahoma Secretary of State's Office in December.

The Secretary of State's Office counted 141,184 signatures on the petition but found a large number of duplicate names and addresses.

"Based of the number of signatures delivered to the Secretary of State, the validity rate for the signatures would need to be in excess of 90 percent, which is a statistical impossibility given historical validity rates and the limited time to verify the signatures," the motion says.

The backers "do not want to waste this Court's efforts nor taxpayer money on pursuing State Question 737 when (the backers) are reasonably certain that it will fail to garner the requisite number of signatures."

If it had been approved by voters, the measure would have added a section to the state constitution.

The proposed ballot title says the new section would prohibit "discriminating against or granting preference to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, and public contracting by the state or any of its agencies, institutions, or political subdivisions."

The measure is part of a national effort by the American Civil Rights Institute, based in Sacramento, Calif. The nonprofit organization opposes race and gender preferences and contacted Resides about a possible effort in Oklahoma.

The motion says the Oklahoma Civil Rights Initiative, which was backing the measure, is filing its final report with the Oklahoma Ethics Commission.

"This means that the Oklahoma Civil Rights Initiative will no longer be a viable ballot committee," the motion says. "Due to the expectation that State Question 737 will fail to garner the requisite number of signatures, the funding for the Oklahoma Civil Rights Initiative has ceased and the Okla homa Civil Rights Initiative has no funds to defend State Question 737."

The motion asks that the court allow supporters to withdraw State Question 737 from the court's consideration and future submission to the Oklahoma Election Board.

Rep. Jabar Shumate, D-Tulsa, worked to defeat the proposal. A member of the Black Legislative Caucus, Shumate said he was shocked, elated and excited that its supporters wanted to withdraw it.

"I didn't think this issue really affected Oklahoma," he said.