Proposition 16 was a failed California ballot proposition that appeared on the November 3, 2020, general election ballot, asking California voters to amend the Constitution of California to repeal Proposition 209 (1996).[2][3] Proposition 209 amended the state constitution to prohibit government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education.[4] Therefore, Proposition 209 banned the use of race- and gender-based affirmative action in California's public sector and public university admissions.[2][4][5]
The legislatively referred state constitutional amendment was originally introduced as California Assembly Constitutional Amendment No. 5 (ACA 5) by Democratic Assembly Members Weber, Gipson, and Santiago on January 18, 2019.[4] In June 2020, the California State Legislature passed ACA 5 on a mostly party-line vote, voting 60–14 on June 10 in the Assembly and 30–10 on June 24 in the Senate. The measure was defeated 57% to 43%.