Tuesday, December 20, 2005, 04:53 PM

 COURT OF APPEALS ORDERS RIGHTS PROPOSAL ON BALLOT

 The Court of Appeals, in an order that also says it
may take action against 
state canvasser members who failed to act as
directed, placed on the November 
2006 ballot the proposal barring race- and
gender-based affirmative action 
programs by governmental units.

 The Board of State Canvassers, on a 2-1 vote with
one member abstaining, 
failed last week to certify the issue to the ballot
in a meeting frequently 
interrupted by demonstrators opposing the proposal.

 In its order, the court said it was acting because
the board "wrongfully 
thwarts and interferes with the clear constitutional
mandate that citizens of the 
state have a right to amend or not amend the
constitution by a vote of the 
people."

 Democrat member Doyle O'Connor had abstained on the
motion to certify and 
Paul Mitchell voted against putting the issue on the
ballot, but the two told 
the court in a letter filed late Monday they had
intended to vote yes last week 
before the meeting became too chaotic.

 In its order, the court said contempt proceedings
will be the subject of an 
amended order because the failure of public
officials to follow the orders of 
the court "can be allowed to undermine the rule of
law."

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