in Schuette v. Coalition to Defend Affirmative Action. The opinion is available here.
Here are the relevant passages….
Cite as: 572 U. S. ___ (2014) 19
SOTOMAYOR, J., dissenting
And the costs of qualifying an amendment are significant. For example, “[t]he vast majority of petition efforts . . . require initiative sponsors to hire paid petition circulators, at significant expense.” Segura Brief 10; see also T. Donovan, C. Mooney, & D. Smith, State and Local Politics: Institutions and Reform 96 (2012) (hereinafter Donovan) (“In many states, it is difficult to place a measure on the ballot unless professional petition firms are paid to collect some or all the signatures required for qualification”);
20 SCHUETTE v. BAMN
SOTOMAYOR, J., dissenting
In 2008, for instance, over $800 million was spent nationally on state-level initiative and referendum campaigns, nearly $300 million more than was spent in the 2006 cycle. Donovan 98. “In several states, more money [is] spent on ballot initiative campaigns than for all other races for political office combined.” Ibid.
Well, it looks like the Ballot Initiative Strategy Center’s hard-hitting TV issue ads that ran in Colorado in 2008, calling out Ward Connerly for his deceptive effort to ban Affirmative Action, were spot-on.
New York Times has the latest in the alleged con-job he’s been running.
Here’s an excerpt from my 2005 Election Law Journal article with Elizabeth Garrett on “Veiled Political Actors” in ballot issue campaigns, which highlighted some of Connerly’s deceptive practices, which turned out to be just the tip of the iceberg :
Using 501(c)s to shield the identities of entities active in direct democracy is likely only to increase. The American Civil Rights Coalition
(ACRC) was established by Ward Connerly in 1997 following the passage of California’s Proposition 209, the successful 1996 anti-affirmative action initiative. The ACRC was the sponsor of Proposition 54, a racial privacy initiative that attempted to prohibit state and local governments from collecting data on or using classifications based on race, ethnicity, color, or national origin. According to campaign finance filings with the FPPC, ACRC contributed 94 percent ($1,570,400 of $1,671,958) of the total raised in 2001–02 by the ballot issue committee, Yes on Proposition 54/Racial Privacy Initiative Sponsored by American Civil Rights Coalition.112 The contributions made to ACRC were subsequently transferred to its sister ballot committee to help finance the paid signature-gathering effort to qualify the measure.113