20250ACA_000796AMD INTRODUCED 2025-02-13 AMENDED_ASSEMBLY 2025-05-07 AMENDED_SENATE 2026-05-26 AMENDED_SENATE 2026-06-10 2025 ACA AMD Introduced by Assembly Member Jackson (Coauthors: Assembly Members Bryan, Elhawary, and McKinnor) (Coauthors: Senators Richardson, Smallwood-Cuevas, and Weber Pierson) LEAD_AUTHOR ASSEMBLY Jackson COAUTHOR ASSEMBLY Bryan COAUTHOR ASSEMBLY Elhawary COAUTHOR ASSEMBLY McKinnor <caml:Contribution>COAUTHOR</caml:Contribution><caml:House>SENATE</caml:House><caml:Name>Richardson</caml:Name></caml:Legislator>"?> COAUTHOR SENATE Richardson COAUTHOR SENATE Smallwood-Cuevas COAUTHOR SENATE Weber Pierson A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending

Section of

Article I thereof, relating to government preferences. government preferences Government preferences. The California Constitution, pursuant to provisions enacted by the Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election, prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting, as specified.

This measure would, instead, limit the above prohibition to the operation of public employment, higher education admissions and enrollment, and public contracting. The measure would require that it appear on the ballot at the November 7, 2028, statewide general election.

TWO_THIRDS NO YES NO Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2025–26 Regular Session commencing on the second day of December 2024, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows, and that this measure shall appear on the ballot at the November 7, 2028, statewide general election: That

Section of

Article I thereof is amended to read: SEC. 31. (

a) 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 in the operation of public employment, higher education admissions and enrollment, or public contracting. (

b) This

section shall apply only to action taken after the section’s effective date and is limited to the areas of public employment, higher education admissions and enrollment, and public contracting. (

c) This

section shall not be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, higher education admissions and enrollment, or public contracting. (

d) This

section shall not be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section. (

e) This

section shall not be interpreted as prohibiting action that must be taken to maintain or establish eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State. (

f) For the purposes of this section, “State” shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State. (

g) The remedies available for violations of this

section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law. (

h) This

section shall be self-executing. If any part or parts of this

section are found to be in conflict with federal law or the United States Constitution, the

section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.