The public vote on Referendum 88 will decide whether Initiative 1000 (I-1000) becomes law.

I-1000 would allow the state to remedy documented discrimination or underrepresentation of disadvantaged groups in public education, employment, and contracting. Whether a group is disadvantaged would be determined by a valid disparity study or proven in court.

I-1000 would also allow affirmative action to increase diversity in public education, public employment, and public contracting. I-1000 would define affirmative action as a policy that considers an individual's race, sex, ethnicity, national origin, age, sensory, mental or physical disability, or veteran or military status, when selecting qualified persons for opportunities in public education, public employment, and public contracting. Affirmative action would include, for example, recruitment, hiring, training, promotion, outreach, setting and achieving goals and timetables, and other measures to increase diversity. Affirmative action could not be used to impose quotas. In addition, race, sex, color, ethnicity, national origin, age, sexual orientation, sensory, mental or physical disability, and veteran or military status could not be used as the sole qualifying factor to select a less qualified person over a more qualified person.

I-1000 would not prohibit state and local government from taking actions needed to establish or maintain eligibility for federal programs. But before such actions could be taken, certain state government officials would have to determine that it was necessary to avoid a material loss of federal funds.

I-1000 would also establish a Governor's commission on diversity, equity, and inclusion. The commission would monitor and enforce agency compliance with I-1000. The commission could propose or oppose legislation. It would publish annual reports on the progress of agencies in achieving diversity, equity, and inclusion in public education, public employment, and public contracting. Various elected and appointed officials would serve on the commission.