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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. Ballot measures approved by Arizona voters are difficult to change. Constitutional amendments can be changed only if voters approve another constitutional amendment. Voter-approved laws are protected by Arizona’s Voter Protection Act, which prohibits the Legislature from repealing them and allows amendments only with a three-fourths vote of each legislative chamber when the amendment furthers the measure’s original purpose.Impact on ArizonansA YES vote would amend the Arizona Constitution to expand existing restrictions on preferential treatment and discrimination by state and local public entities. It would prohibit certain compelled statements or activities related to race or ethnicity, prohibit race- or ethnicity-based disciplinary practices, and restrict public educational institutions from using public monies for specified programs, positions, policies, training, or activities related to race, ethnicity and certain other characteristics, subject to stated exceptions.A NO vote would leave the Arizona Constitution's existing provisions on preferential treatment and discrimination unchanged and would not add the new restrictions proposed by Proposition 142.BackgroundArizona's Constitution already prohibits the state from granting preferential treatment to or discriminating against an individual or group based on race, sex, color, ethnicity or national origin in public employment, public education or public contracting. Existing law also restricts state agencies from requiring employees to participate in certain training, orientation or therapy that assigns blame or judgment based on race, ethnicity or sex.Proposition 142, referred to the ballot by the Legislature as HCR2044, would expand these constitutional restrictions. It would add provisions governing compelled statements and training, disciplinary policies, and the expenditure of public monies by institutions of public education for certain programs, positions and activities involving race, ethnicity and related concepts.For purposes of these constitutional provisions, the term “state” is broad and includes the State of Arizona, cities, towns, counties, public universities, community college districts, school districts, special districts and other political subdivisions.Key ProvisionsExpand the existing constitutional prohibition on preferential treatment and discrimination. The current prohibition based on race, sex, color, ethnicity or national origin in public employment, public education and public contracting would remain in place.Prohibit certain compelled statements and activities concerning race or ethnicity. The state could not require an applicant, employee, student or contractor, as a condition of admission, graduation, employment, promotion, certification, contracting or a scholarship, to endorse or support preferential treatment or discrimination based on race or ethnicity. The provision specifically addresses certain statements concerning race-based differential treatment, diversity, equity and inclusion, intersectionality, race-based privilege and colorblind laws or policies.Prohibit race- or ethnicity-based disciplinary treatment. State entities could not implement disciplinary policies or practices that treat individual students or employees, or groups of students or employees, differently based on race or ethnicity.Restrict the use of public monies by institutions of public education. Public monies could not be used to operate or contract for an office or position responsible for promoting preferential treatment or discrimination based on race or ethnicity. For purposes of this restriction, public monies include appropriations and revenues from taxes, fees, grants, tuition, endowments, donations and other sources controlled by the institution or its component units.Apply the funding restriction to specified programs and practices. Covered uses include efforts to influence the composition of faculty or student bodies based on race, sex or ethnicity; providing differential treatment or special benefits based on race or ethnicity; certain policies or procedures designed with reference to race or ethnicity; and training, programming or activities designed or implemented with reference to race, ethnicity, intersectionality, gender identity or sexual orientation. The measure also permits the Legislature to prescribe related practices or concepts.Establish specific exceptions. The restrictions would not apply in several circumstances, including academic course instruction, research and creative works; registered student organizations; short-term guest speakers and performers; licensed mental or physical health services; qualifying tribal programs; federally required data collection, advertising or outreach; certain activities necessary to comply with court orders or antidiscrimination laws; and discussion of historical movements and instances of racial hatred or discrimination, including slavery, Indian removal, the Holocaust and Japanese-American internment.Fiscal Analysis There is no expected impact on state revenues or expenditures. The Senate fact sheet states that there is no anticipated fiscal impact to the state General Fund from Proposition 142. For more information:Official Ballot LanguageArizona Joint Legislative Budget Committee: NonePublicly filed arguments forPublicly filed arguments againstDownload 2026 BALLOT PROPOSITIONS: MEET VOTE411LWVAZ nonpartisan guide to all the 2026 ballot propositions