Ballot Math / Statewide / Prop 142

Ballot measure: Statewide, constitutional amendment

Proposition 142: Writing the DEI ban into the constitution, in detail

Officially: Proposition 142, HCR 2044 (2026). "Adds further details to the constitutional prohibition against preferential treatment or discrimination by the state based on race, ethnicity, or other classes." It amends Article II, Section 36 of the Arizona Constitution.

In one sentence: Arizona already bans racial preferences in public institutions; this measure spells out, in the constitution itself, that the ban reaches DEI statements, DEI offices, trainings, and discipline policies.

What it does

In 2010, voters passed Proposition 107, which added a ban on preferential treatment and discrimination based on race, sex, color, ethnicity, or national origin in public employment, education, and contracting. Prop 142 keeps that ban and adds specifics aimed at practices that grew up after 2010:

  • No public body (state, cities, counties, school districts, public universities, community colleges) may grant preferential treatment or discriminate on those bases, including where a federal program is involved.
  • No one may be required or solicited to give a statement endorsing race-based diversity, equity, and inclusion concepts, or discussing race or ethnicity, as a condition of hiring, admission, promotion, or contracting. These are the "DEI statements" some universities and employers ask for.
  • Public money may not fund public-education offices or positions whose work is promoting preferential treatment based on race or ethnicity; the official summary also reaches offices, activities, and trainings designed around intersectionality, gender identity, or sexual orientation, and bars requiring enrollment in courses or trainings that promote race-based DEI.
  • Disciplinary practices in public education and employment may not treat students or employees differently based on race or ethnicity. Exceptions exist for health services and legal requirements.

A legal challenge (by the group Will of the People, on single-subject and free speech grounds) failed in Maricopa County Superior Court, so the measure is on your ballot. If it passes, free speech litigation over parts of it is still likely.

A YES vote

Adds the detailed prohibitions to the constitution: DEI statements, publicly funded DEI offices in education, DEI trainings, and race-differentiated discipline are constitutionally barred across Arizona public institutions.

A NO vote

The 2010 Prop 107 ban remains exactly as it is. Preferential treatment stays prohibited, but DEI statements, offices, and trainings are governed by ordinary law, institutional policy, and the courts, not by this amendment's specifics.

The strongest case for YES

  • It closes workarounds. Supporters argue the 2010 ban was evaded in practice: preferences moved into statements, offices, and trainings rather than formal criteria. This measure names the workarounds.
  • No compelled speech. Requiring an applicant to endorse contested ideas about race as a condition of a public job is, on this view, a loyalty test, and banning it protects applicants of every view.
  • Equal treatment is the principle voters already chose. Prop 142 is framed as finishing Prop 107, not changing its direction.

The strongest case for NO

  • The core ban already exists. Prop 107 has prohibited preferential treatment since 2010. Opponents argue this measure is aimed less at preferences than at offices, trainings, and speech they dislike, sweeping ordinary programs into a constitutional prohibition.
  • Breadth and litigation. Terms aimed at "intersectionality" trainings and DEI offices will be fought over in court for years, with public universities caught between this amendment and federal requirements.
  • Constitutional detail is hard to fix. Writing program-level specifics into the constitution means any overreach or unintended casualty needs another statewide vote to repair.

The fine print

  • This is a values question more than a mechanical one, and this page will not pretend otherwise. The facts above are the mechanism; what you think of DEI programs is the decision.
  • A no vote does not legalize racial preferences. They remain banned under the 2010 amendment either way.
  • Private employers and private schools are not covered. This reaches public institutions only.

How to vote without getting your ballot rejected

  • Mail it by Tuesday, October 27, 2026. After that day, do not mail it: use a drop box or a vote center.
  • It must be received by 7 p.m. on Election Day, Tuesday, November 3, 2026. Postmarks do not count.
  • Sign and date the affidavit envelope, and write a current phone number on it. If your signature is questioned, the county will try to reach you to fix it.
  • Leaving any item blank is allowed. It does not affect the rest of your ballot.

Sources

Ballot Math: analysis only, no endorsements. Read the official ballot language yourself; it is linked above because we want you to check us. Back to Ballot Math home.