A federal judge ruled Tuesday to allow the Michigan Civil Rights Initiative to appear on voters’ ballots this November despite what he called “systematic fraud” on the part of the petition-gatherers.

U.S. District Judge Arthur Tarnow ruled in favor of the MCRI in a lawsuit brought on by the anti-MCRI group, By Any Means Necessary, which alleged petitioners had misrepresented the MCRI in order to trick voters into signing.

“The court finds that the MCRI engaged in systematic voter fraud by telling voters that they were signing a petition supporting affirmative action,” Tarnow said in his ruling. “However, the MCRI appears to have targeted all Michigan voters for deception without regard to race.”

Because it was not racially targeted fraud, the MCRI did not violate the Voting Right Act, Tarnow said.

“It’s really hard to prove (fraud) through the court system,” said Sean Novak, CMU graduate and co-chair for Michigan United, a group opposed to the MCRI.

Members of the MCRI, however, maintain their petition drives were executed legally.

“He (Novak) accused us of widespread fraud, which is just not the case,” said Doug Tietz, campaign manager for MCRI.

BAMN has scheduled press conferences announcing appeals today.

The petition to place the MCRI garnered more than 500,000 signatures, nearly 200,000 more than the 317,757 required to place it on the November ballot. Even if all the signatures gathered from cities with a majority population of black residents were struck down by the court, which might have been a result of the lawsuit, the proposal still would have enough signatures to make it to a vote.

With nearly 200,000 more signatures than the necessary 317,757, even if all the signatures gathered from cities with a majority population of black residents were struck down by the court, the proposal would still have enough signatures to be on the ballot in November.

“It isn’t up to judges to legislate from the bench,” said Midland sophomore Dennis Lennox II.

Lennox said the court decided to allow the proposal on the ballot and should not have given an opinion on the issue as well.

“I think the court was clear — regardless of challenges or appeals — (that) in November people in Michigan will have an opportunity to vote yes for (the MCRI),” Tietz said.

The proposed amendment to Michigan’s Constitution would ban the use of racial preferences in admissions at public universities and in hiring or contracting by government bodies.

“I think (the ruling) means we’re going to have to work doubly hard to make people realize what they’re voting on,” said Nancy Nagler, co-chair of One United, an Isabella County group opposed to the MCRI.

Both Novak and Tietz said students should get informed and involved.

One United will host a meeting at 5:30 p.m. on Sept. 12 in the Chippewa Room of the Bovee University Center.

Lennox has started a Facebook.com group called Students Against Affirmative Action, and Tietz suggested students write letters to newspapers or elected officials.

“Come Nov. 7, the majority of voters are going to say we don’t want race or racially-based preferences in higher education,” Lennox said. “I’ve done research and come to a decision and that is, I don’t support affirmative action.”

Nagler said passing the MCRI would be step in the wrong direction.

“We’ve come a long way in civil rights legislation and this seems to be taking us back into the darker past,” she said.