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Group accuses petition workers of fraud

By MELISSA LEE / Lincoln Journal Star
Wednesday, Jun 25, 2008 - 06:22:10 pm CDT
The group fighting a proposed ban on affirmative action on Wednesday said it has video, audio and photo evidence showing proponents of the ban are engaging in petition fraud.

Nebraskans United lawyer David Kramer said petition circulators on behalf of the Nebraska Civil Rights Initiative have exhibited “fraudulent and illegal activity” as they try to persuade voters to sign the petition, which would put a ban on race- and gender-based affirmative action on the November ballot.

Among Kramer’s accusations:

* Petitioners have failed to read the Nebraska Civil Rights Initiative’s “object statement,” the paragraph explaining that the petition would place on the ballot a constitutional amendment prohibiting racial and gender preferences in hiring and admissions decisions.

Petitioners are required by law to read the full object statement to voters. Instead, some have summarized it, others have cherry-picked certain points and still others have ignored it altogether, Kramer said.

Audio clips produced by Kramer appear to back that up.

* Petitioners have left their petitions unattended, a violation of state law. For example, Kramer distributed a photo of a petitioner at Omaha’s Henry Doorly Zoo who apparently left his table for extended periods.

* Petitioners have filled in information for signers and gathered signatures under false names.

Such examples, Kramer said, show the Nebraska Civil Rights Initiative isn’t being transparent as it asks voters to repeal forms of affirmative action Kramer believes most Nebraskans actually support.

He said his group may challenge the validity of some signatures and that he hopes Attorney General Jon Bruning will investigate.

“We are asking for a very simple thing,” he said. “We would like those who advocate changing the constitution of the state of Nebraska to comply with Nebraska law as they try to do so.”

The Nebraska Civil Rights Initiative needs to collect about 115,000 petition signatures by July 4 to get the issue on the ballot. Initiative leaders have said they’re confident they’ll do so, though they won’t say how many signatures they have so far.

And they blasted Kramer’s criticisms, saying Nebraskans United is making a last-ditch effort to stifle the affirmative-action debate before it’s put to a vote.

“Why today? It’s the fourth quarter,” said Doug Tietz, initiative executive director. “When you’re down, you start tossing Hail Marys and hope something works.”

One day earlier, the Nebraska Civil Rights Initiative had unveiled survey results showing 71 percent of likely voters supported ending race and gender preferences.

Nebraskans United is “desperate” to slow the initiative’s momentum, Tietz said.

Tietz questioned whether Kramer’s video and audio clips were authentic and said he knew of no instances where petitioners had acted inappropriately.

All petitioners are thoroughly trained, he said.

“This is something that’s important and we abide by the rules,” he said.

Further, Tietz said the initiative has its own video evidence showing its opponents harassing petitioners and signers.

“I wish I had the video tape ready right now,” he said.

Kramer dismissed that.

Nebraskans United allies are trained not to harass petitioners, he said.

“Are there instances where there might be a problem or two? Sure,” he said. “But is it a problem and practice like it is with (the Nebraska Civil Rights Initiative)? No, it is not.”

Reach Melissa Lee at 473-2682 or mlee@journalstar.com.