Prop. 209 Foes Sue Over State Ballot Summary

Opponents of Proposition 209, the anti-affirmative action initiative, went to court Friday to challenge state Atty. Gen. Dan Lungren’s ballot summary of the proposition.

In a lawsuit filed in Sacramento County Superior Court, Proposition 209 foes argue that the summary issued by Lungren’s office is false and misleading because it does not discuss the initiative’s effect on government affirmative action programs.

Describing Lungren as “an advocate” of the proposition’s passage, the suit further contends that the ballot summary should be invalidated because he signed a pro-Proposition 209 argument that will appear in the ballot pamphlet.

“The attorney general has the right of freedom of speech, as does anyone else,” responded Steve Telliano, Lungren’s press secretary. He added that the summary was written by deputy attorneys. “Mr. Lungren did not personally write this. He approved it, but he did not make any changes to it.”

The ballot summary essentially paraphrases the language of the initiative, saying it will prohibit the government from discriminating or giving preferential treatment on the basis of race, sex or national origin. The summary does not mention affirmative action, although the state legislative analyst’s office says the measure would eliminate most government affirmative action programs that grant preferential treatment to women or minorities.

“Our job is to provide a summary, not analysis,” Telliano said.