Deceptive Affirmative action ban passed in Nebraska, trailing in Colorado

A ballot measure to prohibit governmental agencies from discriminating or granting preferences on the basis of race and sex appeared to win approval from Nebraska voters Tuesday, while the outcome of a similar proposal in Colorado remained unclear midday Wednesday. In Nebraska, Initiated Measure 424 would amend the state constitution to prohibit the state and its subdivisions, including public universities, "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," with certain exceptions. As of 1 PM EST Wednesday, the unofficial results [text] for Measure 424 (with 1,707 of 1,708 polls reporting) were:

Yes – 389,372 – 58% percent
No – 287,233 – 42% percent

Even if approved by voters, the initiative could be invalidated by a legal challenge to the petitions to place it on the ballot. The Omaha World-Herald has more.

In Colorado, a virtually identical initiative to amend the state constitution was failing by a narrow margin with 86 percent of precincts reporting. "The same ballot language as 46 has been shopped around the country and passed because it's so deceptive," said No on 46 co-chair Melissa Hart, noting similar measures' success by wide margins in three other states. "I was ready for that possibility. I'm thrilled that in Colorado we have been able to see the truth behind this initiative." [MORE] and [MORE]