Proposition 142: Prohibit Preferential Treatment and Discrimination in Public Institutions
Statewide — all of Arizona
General election · Tuesday, November 3, 2026
- Referred to the ballot by the Arizona Legislature as House Concurrent Resolution 2044 (2026), which passed the House 31-23 on Feb. 26, 2026 and the Senate 16-13 on June 12, 2026, per Arizona Legislature floor-vote records.[3]
- Per Ballotpedia, a Maricopa County Superior Court judge ruled on July 27, 2026 that the measure does not violate the state's separate-vote requirement and may remain on the ballot.[4]
The question on the ballot
PROPOSITION 142. PROPOSED AMENDMENT TO THE CONSTITUTION BY THE LEGISLATURE RELATING TO THE PROHIBITION OF PREFERENTIAL TREATMENT AND DISCRIMINATION. OFFICIAL TITLE: AMENDING ARTICLE II, SECTION 36, CONSTITUTION OF ARIZONA. DESCRIPTIVE TITLE: ADDS FURTHER DETAILS TO THE CONSTITUTIONAL PROHIBITION AGAINST PREFERENTIAL TREATMENT OR DISCRIMINATION BY THE STATE BASED ON RACE, ETHNICITY, OR OTHER CLASSES.[2]
Amends Article II, Section 36 so that the state, cities, towns, counties, public universities, community colleges, school districts and other political subdivisions may not (1) grant preferential treatment to or discriminate against individuals or groups based on race, sex, color, ethnicity or national origin in public employment, education or contracting, even under a federal program; (2) require applicants, employees, students or contractors to endorse preferential treatment or discrimination based on race or ethnicity as a condition of admission, hiring, promotion or similar, including requiring written or oral statements supporting certain race-based diversity, equity and inclusion concepts or training; (3) spend public money on offices or positions at public educational institutions responsible for promoting such treatment; or (4) adopt disciplinary policies treating students or employees differently by race or ethnicity. The Legislative Council notes specified exceptions; the ballot summary says they include health services and legal reasons.[1][2]
A YES vote means
A "yes" vote shall have the effect of amending the Arizona Constitution's current prohibition against preferential treatment or discrimination by the state based on race, ethnicity, or other classes, to specifically prohibit: (1) compelling individuals to support preferential treatment or discrimination based on race or ethnicity as a condition of education, employment, or contract opportunities; (2) spending public money on positions in public education responsible for promoting preferential treatment or discrimination based on race or ethnicity; and (3) implementing disciplinary practices that treat students or employees differently based on race or ethnicity. Prohibited conduct includes requiring or asking an applicant, employee, student, or contractor to provide a statement in support of race-based diversity, equity, and inclusion beyond upholding the federal Equal Protection Clause or asking such a person to discuss the person's race or ethnicity or experience with others' race or ethnicity. The amendment contains certain exceptions for health services, legal, and other reasons.
A NO vote means
A "no" vote shall have the effect of maintaining the current prohibition in the Arizona Constitution against preferential treatment or discrimination by the state based on race, ethnicity, or other classes.
Arguments made for
- The Goldwater Institute (Victor Riches, President and CEO): "This measure will establish permanent protections in Arizona's own state constitution by closing an existing loophole that has allowed race-based preferential treatment in hiring, education and state contracting if the federal government calls for it."[2]
- Heritage Action for America (Nathan Duell, Arizona State Director): "Prop 142 is a necessary measure to uphold fairness and opportunity in Arizona state government, schools, and universities."[2]
Arguments made against
- ACLU of Arizona (Darrell Hill, Director of Policy): "HCR2044 violates the First Amendment by prohibiting certain ideas, viewpoints, and beliefs from being discussed in colleges and in government workplaces."[2]
- League of Women Voters of Arizona (Pinny Sheoran, Board Officer): "HCR 2044 grants future Legislatures the authority to prohibit additional concepts and activities without returning to voters for approval."[2]
On record in support
- The Goldwater Institute (President and CEO Victor Riches) signed or sponsored an argument for Proposition 142 printed in the official publicity pamphlet.[2]
- Heritage Action for America (Arizona State Director Nathan Duell) signed or sponsored an argument for Proposition 142 printed in the official publicity pamphlet.[2]
- Arizona Women of Action (President Kimberly Miller) signed or sponsored an argument for Proposition 142 printed in the official publicity pamphlet.[2]
- Arizona Free Enterprise Club (President Scot Mussi) signed or sponsored an argument for Proposition 142 printed in the official publicity pamphlet.[2]
On record in opposition
- Civic Engagement Beyond Voting (Co-Directors Melinda Iyer and Catherine Sigmon) signed or sponsored an argument against Proposition 142 printed in the official publicity pamphlet.[2]
- League of Women Voters of Arizona (Pinny Sheoran) signed or sponsored an argument against Proposition 142 printed in the official publicity pamphlet.[2]
- State Sens. Mitzi Epstein and Lauren Kuby signed or sponsored an argument against Proposition 142 printed in the official publicity pamphlet.[2]
- Changing Hands Bookstore co-founders Gayle Shanks and Bob Sommer, Tempe signed or sponsored an argument against Proposition 142 printed in the official publicity pamphlet.[2]
- Our Voice, Our Vote Arizona (Courtney Banks) signed or sponsored an argument against Proposition 142 printed in the official publicity pamphlet.[2]
- ACLU of Arizona (Director of Policy Darrell Hill) signed or sponsored an argument against Proposition 142 printed in the official publicity pamphlet.[2]
Research notes & limits
Slate: the Secretary of State's official 2026 General Election Publicity Pamphlet (hosted by the Citizens Clean Elections Commission; azsos.gov itself returned a bot-protection block and was not bypassed) lists exactly eight statewide measures: Propositions 141, 142, 144, 316, 317, 318, 319 and 320. Ballot question, 'yes'/'no' text: copied from the pamphlet's 'Ballot Format' page for this proposition. Arguments: excerpts of arguments published in that pamphlet, attributed to the signer and sponsoring organization it prints; the pamphlet prints many arguments per side (it reproduces spelling and punctuation as submitted), so these are a selection of 2 for and 2 against, not the full set. Legislative vote counts are from the Arizona Legislature's floor-action records. The pamphlet contains no fiscal estimate for this measure. Required vote: a majority of those voting. Items attributed to Ballotpedia (court ruling or campaign details) were not independently confirmed from the underlying primary source. Supporters and opponents listed are organizations and officials that signed or sponsored arguments printed in the official publicity pamphlet (taken in the pamphlet's print order, counting each organization or official once and skipping arguments signed only by private individuals with no organization or office; capped at the first six per side, the same way on both sides, and a side with fewer than six lists every such organization or official the pamphlet prints); signing or sponsoring an argument is taken as the stance. No committee finance totals were found (seethemoney.az.gov is a script-driven portal and no reputable report of totals was located), and the pamphlet and Legislative Council analysis contain no fiscal estimate or current-law description beyond the yes/no text.
Sources · 4
Researched 2026-10-19. Green citations are official government records.
- 1.Analysis by Legislative Council, Proposition 142 · Arizona Legislative Council · 2026 Official record
- 2.Arizona 2026 General Election Publicity Pamphlet (November 3, 2026) · Arizona Secretary of State (Citizens Clean Elections Commission hosting) · 2026 Official record
- 3.Arizona Legislature floor-action and vote record · Arizona Legislature · 2026 Official record
- 4.Arizona Proposition 142 (2026) · Ballotpedia · 2026-10-16 Reference