Colorado Removal of Exception to Slavery Prohibition for Criminals, Amendment T (2016)
| Colorado Amendment T | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Constitutional rights | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
| 2016 measures |
|---|
 |
| November 8 |
| Amendment T |
| Amendment U |
| Amendment 69 |
Amendment 70  |
| Amendment 71 |
| Amendment 72 |
| Proposition 106 |
| Proposition 107 |
| Proposition 108 |
| Polls |
| Voter guides |
| Campaign finance |
| Signature costs |
The Colorado Removal of Exception to Slavery Prohibition for Criminals Amendment, also known as Amendment T, was on the November 8, 2016, ballot in Colorado as a legislatively referred constitutional amendment. It was defeated.
| A "yes" vote supported this proposal to remove part of the Colorado Constitution that allows forced, unpaid labor by convicted criminals. |
| A "no" vote opposed this proposal, leaving the constitution unchanged and allowing forced, unpaid labor by convicted criminals. |
Election results
| Amendment T | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| No | 1,296,722 | 50.32% | ||
| Yes | 1,280,037 | 49.68% | ||
- Election results from Colorado Secretary of State
Overview
Going into the 2016 election, the Colorado Constitution contained a provision that allows convicted criminals to be forced to work in prison without pay or restitution. Amendment T would have removed that provision. The relevant provision read:[1]
| “ | There shall never be in this state either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.[2] | ” |
The phrase "except as a punishment for crime, whereof the party shall have been duly convicted" means that anyone convicted of a crime could be subject to labor without consent in prison. The measure would have removed this wording.
Supporters and opponents debated whether Amendment T would have impacted prison labor programs or community service. Some supporters argued that it would not have, as other states do not mention slavery in their constitutions and still have convict work or community service requirements. Some opponents contended that Amendment T would have created legal uncertainty regarding work and community service requirements.[3]
Text of measure
Ballot title
The ballot title was as follows:[4]
| “ | Shall there be an amendment to the Colorado constitution concerning the removal of the exception to the prohibition of slavery and involuntary servitude when used as punishment for persons duly convicted of a crime?[2] | ” |
Ballot summary
The ballot summary was as follows:[3]
| “ |
Definitions. "Slavery," as defined by Black's Law Dictionary, is a situation in which one person has absolute power over the life, fortune, and liberty of another person. The U.S. Supreme Court has defined "involuntary servitude" as a condition of servitude in which one person is forced to work for another person by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process. U.S. and Colorado Constitutions. The 13th Amendment to the U.S. Constitution was passed in 1865 to prohibit slavery and involuntary servitude, except as punishment for a crime for which a person has been found guilty. The amendment gives the U.S. Congress the power to enforce the amendment through legislation. Similar to the U.S. Constitution, under Article II, Section 26 of the Colorado Constitution, slavery and involuntary servitude are prohibited, except as punishment for the conviction of a crime. Amendment T removes this exception. Offender work requirements in the criminal justice system. The courts have ruled that work requirements resulting from a conviction of a crime are allowable under the above provisions of the U.S. and Colorado Constitutions. Offender work requirements currently used in the Colorado criminal justice system may take the following forms:
|
” |
Constitutional changes
- See also: Article II, Colorado Constitution
The measure would have amended Section 26 of Article II of the Colorado Constitution. The following struck-through text would have been deleted:[4]
There shall never be in this state either slavery or involuntary servitude except as a punishment for crime, whereof the party shall have been duly convicted.[2]
Fiscal impact statement
The fiscal impact statement was as follows:[3]
| “ | State revenue and spending. Amendment T may impact both state revenue and spending. Should Amendment T be interpreted as prohibiting community service sentences, more fines may be imposed in place of community service and fewer probation fees may be collected from those currently sentenced to community service as the sole condition of probation. Amendment T may also impact costs and workload for the Department of Law, Department of Corrections, and Judicial Department due to potential legal challenges.
Local government impact. Amendment T may increase jail and county court costs for local governments and impact revenue and workload for the City and County of Denver due to potential legal challenges.[2] |
” |
Support
Colorado Together, a "non-partisan, multi-racial, multi-faith" organization, led the campaign in support of Amendment T.[5]
Supporters
Officials
Sen. Jessie Ulibarri (D-21), Rep. Jovan Melton (D-41), and Rep. Joseph Salazar (D-31) sponsored the measure in the Colorado Legislature.[6]
Organizations
- League of Women Voters Colorado[7]
- Together Colorado
Religious communities
- Greater Denver Ministerial Alliance
- First Unitarian Society of Denver[8]
- Jefferson Unitarian Church[9]
Arguments
Rev. Eric Banner, Assistant Minister of Jefferson Unitarian Church in Golden, Colorado, argued:[9]
| “ | On it’s own, the change is just a small thing. It won’t shutter our prisons, or end mass incarceration on its own. But it is a step. A necessary step. And we must stand for it because we stand for the basic worth and dignity of every person. And as long as we treat people as slaves while they are incarcerated, we will produce people who have developed a slave’s mindset. An institutionalized mind. A way of being that has neither dignity nor preparation for life on the outside.[2] | ” |
Other arguments in support of the measure included:
- Del Phillips, a pastor with the Greater Denver Ministerial Alliance, said, "I think it is a travesty that there are corporations that are being allowed to prosper because of the punishment of an individual. That’s out of sorts. That’s out of balance. ... If it’s possible for a business to make money from an industry inside a prison, then they should have to pay for that work that’s being done behind those closed walls."
- Sister Lee McNeil of Shorter Community A.M.E. Church in Denver, stated, "Clearly, this 140-year-old language allowing slavery is wrong. ... Slavery is not a Colorado value. Let’s move forward toward healing by voting yes on Amendment T."[6]
Official arguments
The official voter guide provided the following argument in support of Amendment T:[3]
| “ | 1) The section of the Colorado Constitution that allows slavery and involuntary servitude as punishment for a crime should be updated because it represents a time in the United States when not all people were seen as human beings or treated with dignity. Removing the language reflects fundamental values of freedom and equality, and makes an important symbolic statement. There are 25 other states that do not have any language related to slavery and involuntary servitude in their constitutions, and both prison work and community service programs are able to operate within those states.[2] | ” |
Opposition
John W. Odenheimer, in a letter to the editor of The Denver Post, argued that Amendment T could prevent court-ordered community service programs, forcing many defendants to go to jail instead. He also argued that this would result in increased jail operation costs. Odenheimer wrote the following:[10]
| “ |
On the one hand, Amendment T would remove the exemption of “slavery” for punishment of a crime. I get that and am in total agreement. But that’s only part of Amendment T. The other part has to do with involuntary servitude. [...] Tens of thousands of people are court-ordered every year to perform community service as part of their sentence to various crimes. That’s involuntary servitude. Amendment T would jeopardize that process and those tens of thousands of defendants could be subject to jail time if the option of community service were not available.[2] |
” |
Arguments
The argument against, as listed in the official voter guide, was as follows:[3]
| “ | 1) Amendment T may result in legal uncertainty around current offender work practices in the state. Prison work requirements provide structure and purpose for offenders, while enabling skill building and helping to reduce recidivism. Community service programs allow offenders to engage with the community and make amends for their crimes.[2] | ” |
Background
| Voting on Constitutional Rights |
|---|
|
| Ballot Measures |
| By state |
| By year |
| Not on ballot |
Constitutional rights measures
Amendment T covered the topic of constitutional rights. Measures dealing with this topic have appeared on Colorado statewide ballots eight other times going back to 1914, when voters defeated Measure 3. It would have required a three-fourths jury verdict in civil cases and permitted women to serve as jurors. Coloradans defeated a similar measure in 1936, which was another attempt to permit women to serve on juries. Voters finally approved a measure permitting women to serve on juries in 1944.
Other notable measures concerning constitutional rights that have appeared on Colorado ballots include Measure 8 in 1974, Measure 3 in 1972, Measure 6 in 1976, and Initiative 2 in 1992. Measure 8 in 1974 prohibited the bussing of students to schools for racial diversity purposes. Measure 3 in 1972 provided a constitutional basis for the equality of rights of men and women. Measure 6 in 1976 unsuccessfully sought to repeal this constitutional language. And, Initiative 2 in 1992 prohibited state and local governments from giving protected status for sexual orientation. It was later overturned in the court ruling, Romer v. Evans.[11]
Campaign finance
No Slavery No Exceptions Committee registered to support the measure. The committee raised $91,008.00.[12]
There were no committees registered to oppose the measure.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $91,008.00 | $0.00 | $91,008.00 | $81,299.73 | $81,299.73 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $91,008.00 | $0.00 | $91,008.00 | $81,299.73 | $81,299.73 |
Support
The following table includes contribution and expenditure totals for the committee(s) supporting the measure.[13]
| Committees in support of Amendment T | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| No Slavery No Exceptions Committee | $91,008.00 | $0.00 | $91,008.00 | $81,299.73 | $81,299.73 |
| Total | $91,008.00 | $0.00 | $91,008.00 | $81,299.73 | $81,299.73 |
Donors
The following were the top donors to the support committee(s).[13]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Cynthia Beard | $51,000.00 | $0.00 | $51,000.00 |
| PICO National Network | $25,000.00 | $0.00 | $25,000.00 |
| Together Colorado Action | $4,000.00 | $0.00 | $4,000.00 |
| Sheryl Beard | $2,700.00 | $0.00 | $2,700.00 |
| Together Colorado | $1,250.00 | $0.00 | $1,250.00 |
Opposition
There were no committees registered to oppose the measure.
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Media editorials
Support
- Colorado Springs Independent said: "The current language, 140 years old, allows slavery/servitude for punishment of a crime."[14]
- The Denver Post said: "Together Colorado, a faith-based, nonpartisan community group, found 25 states have either removed the exception from their constitutions or never had that language. Amendment T is a small step, with little to no repercussions, and it sends a big statement."[15]
- Longmont Times-Call said: "This issue, referred by the General Assembly, would remove a reference to slavery as a punishment for a criminal conviction. This language is indeed outdated. A "yes" vote is recommended."[16]
- Loveland Reporter-Herald said: “This language is indeed outdated. A "yes" vote is recommended.”[17]
Opposition
Ballotpedia has not yet found any editorial board endorsements in opposition to Amendment T. If you know of one, please email editor@ballotpedia.org.
Path to the ballot
Two-thirds of each chamber of the Colorado General Assembly must vote affirmatively for a proposed amendment in order for it to go on the statewide ballot for potential voter ratification.[18]
The Colorado Senate unanimously approved SCR 16-006 on April 26, 2016. The Colorado House unanimously approved the bill on May 4, 2016.
Senate vote
April 26, 2016
| Colorado SCR 16-006 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 35 | 100.00% | ||
| No | 0 | 0.00% | ||
House vote
May 4, 2016
| Colorado SCR 16-006 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 65 | 100.00% | ||
| No | 0 | 0.00% | ||
State profile
| Demographic data for Colorado | ||
|---|---|---|
| Colorado | U.S. | |
| Total population: | 5,448,819 | 316,515,021 |
| Land area (sq mi): | 103,642 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 84.2% | 73.6% |
| Black/African American: | 4% | 12.6% |
| Asian: | 2.9% | 5.1% |
| Native American: | 0.9% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 3.5% | 3% |
| Hispanic/Latino: | 21.1% | 17.1% |
| Education | ||
| High school graduation rate: | 90.7% | 86.7% |
| College graduation rate: | 38.1% | 29.8% |
| Income | ||
| Median household income: | $60,629 | $53,889 |
| Persons below poverty level: | 13.5% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Colorado. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Colorado
Colorado voted for the Democratic candidate in five out of the seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Colorado, accounting for 1.94 percent of the total pivot counties.[19]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Colorado had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.
More Colorado coverage on Ballotpedia
- Elections in Colorado
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Recent news
This section links to a Google news search for the term "Colorado + slavery + prohibition + amendment"
See also
- 2016 ballot measures
- Colorado 2016 ballot measures
- Laws governing the initiative process in Colorado
External links
Basic information
Support
Footnotes
- ↑ Lexis Nexis, "Colorado Constitution," accessed July 20, 2016
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 3.2 3.3 3.4 Colorado Secretary of State, "Colorado 2016 Ballot Issue Guide," accessed October 5, 2016
- ↑ 4.0 4.1 Colorado General Assembly, "SCR16-006," accessed May 6, 2016
- ↑ Together Colorado, "We need YOU to Pass Amendment T-Take Slavery Out of the Colorado Constitution," accessed October 6, 2016
- ↑ 6.0 6.1 Daily Sentinel, "Amendment would take slavery language out of Constitution," August 23, 2016
- ↑ League of Women Voters, "2016 BALLOT INITIATIVES," accessed September 7, 2016
- ↑ First Unitarian Society of Denver, "No Slavery! No Exceptions! Vote Yes on Amendment T," August 17, 2016
- ↑ 9.0 9.1 Together Colorado, "No Slavery, No Exceptions: It's What Our Faith Calls Us to Do," accessed October 6, 2016
- ↑ The Denver Post, "As drafted, Colorado’s Amendment T has a fatal flaw," October 17, 2016
- ↑ Justia, "Romer v. Evans - 517 U.S. 620 (1996)," accessed February 20, 2014
- ↑ Colorado TRACER, "Committee search," accessed February 19, 2025
- ↑ 13.0 13.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedsup - ↑ Colorado Springs Independent, "Busy ballot, tough choices for Colorado voters," October 12, 2016
- ↑ The Denver Post, "Clean up Colorado’s Constitution with these two very small steps," October 14, 2016
- ↑ Longmont Times-Call, "Editorial: Choose 'yes' to shorten the Colorado ballot," October 1, 2016
- ↑ Loveland Reporter-Herald, “Choose 'yes' to shorten the ballot,” October 1, 2016
- ↑ Colorado General Assembly, "Senate bills by #," accessed May 6, 2016
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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