Colorado Removal of Exception to Slavery Prohibition for Criminals, Amendment T (2016)

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Colorado Removal of Exception to Slavery Prohibition for Criminals, Amendment T
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Election date
November 8, 2016
Topic
Civil rights
Status
Defeatedd Defeated
Type
Constitutional amendment		Origin
State legislature
2016 measures
Seal of Colorado.png
November 8
Amendment T Defeatedd
Amendment U Defeatedd
Amendment 69 Defeatedd
Amendment 70 Approveda
Amendment 71 Approveda
Amendment 72 Defeatedd
Proposition 106 Approveda
Proposition 107 Approveda
Proposition 108 Approveda
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
ResultVotesPercentage
Defeatedd No1,296,72250.32%
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 reads:[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 the 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:

  • Prison work requirements. All eligible offenders are expected to work unless assigned to an approved education or training program. Offenders are not required to work, but those who refuse to participate may face a reduction in or loss of privileges or a delayed parole eligibility date.
  • Community service. A judge may sentence certain offenders to work a specific number of hours providing community service. These programs emphasize individual restitution for offenses through contributions to the community. In some cases, community service is a condition of probation.
  • Probation. The courts require that an offender sentenced to probation maintain suitable employment and/or pursue employment-related education or vocational training.[2]
 ”

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]

Section 26. Slavery prohibited.


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

NoSlaveryNoExceptions.jpg

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 Civil Rights
Civil Rights.jpg
Ballot Measures
By state
By year
Not on ballot

Civil rights measures

Amendment T covered the topic of civil 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 civil rights measures 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

See also: Campaign finance requirements for Colorado ballot measures
Total campaign contributions[12]
as of December 13, 2016[13]
Category:Ballot measure endorsements Support: $91,008.00
Circle thumbs down.png Opposition: $0.00

As of December 13, 2016, the support campaign for Amendment T featured one ballot question committee, No Slavery No Exceptions Committee, that received a total of $91,008.00 in contributions. The support campaign had spent $81,299.73.[14]

As of December 13, 2016, no ballot question committees registered to oppose Amendment T.

Support

Committees

The following ballot question committee registered to support Amendment T as of December 13, 2016. The chart below shows cash donations and expenditures current as of December 13, 2016.[14]

Committee Amount raised[15] Amount spent
No Slavery No Exceptions Committee $91,008.00 $81,299.73
Total $91,008.00 $81,299.73

Top donors

As of December 13, 2016, the following were the top five donors in support of Amendment T:[14]

Donor Amount
Cynthia Beard $51,000.00
PICO National Network $25,000.00
Together Colorado Action $4,000.00
Sheryl Beard $2,700.00
Together Colorado $1,250.00

Methodology

In calculating campaign finance for supporting and opposing committees, Ballotpedia does not count donations or expenditures from one ballot measure committee to another since that would amount to counting the same money twice. This method is used to give the most accurate information concerning how much funding was actually provided to and spent by the opposing and supporting campaigns.

Ballotpedia subtracts out committee-to-committee contributions—both cash donations and in-kind contributions. Because of this, it is possible for certain committees to have negative contributions. Negative contributions mean that a committee has provided more contributions to other committees than it has received. If expenditures exceed contributions, it means the committee has accrued unpaid bills, has unpaid or unforgiven loans, or has contributed a certain amount of in-kind services to another committee.

Ballotpedia provides information about all reported in-kind donations. In-kind contributions are also counted towards total expenditures since, with in-kind gifts, the contribution and services or goods are provided simultaneously. Ballotpedia does this to provide the most accurate information about the cash-on-hand of supporting and opposing campaigns.

Media editorials

Support

  • Colorado Springs Independent said: "The current language, 140 years old, allows slavery/servitude for punishment of a crime."[16]
  • 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."[17]
  • 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."[18]
  • Loveland Reporter-Herald said: “This language is indeed outdated. A "yes" vote is recommended.”[19]

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

See also: Laws governing the initiative process in Colorado

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.[20]

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
ResultVotesPercentage
Approveda Yes 35 100.00%
No00.00%

House vote

May 4, 2016

Colorado SCR 16-006 House Vote
ResultVotesPercentage
Approveda Yes 65 100.00%
No00.00%

State profile

USA Colorado location map.svg

This excerpt is reprinted here with the permission of the 2016 edition of the Almanac of American Politics and is up to date as of the publication date of that edition. All text is reproduced verbatim, though links have been added by Ballotpedia staff. To read the full chapter on Colorado, click here.


One summer day in 1893, Katherine Lee Bates, an English teacher at Colorado College, made her way by prairie wagon and mule up 14,114-foot Pikes Peak. Inspiration struck as she looked out over the spacious skies from the purple mountain’s majesty to the amber waves of grain on the fruited plain, and she wrote the first version of America the Beautiful. Set to music, her words have resonated ever since, even though more than 90 percent of Americans up through World War II lived east of the Rockies, which rise above Denver, Boulder and Colorado Springs on the mile-high plateau. Colorado, the centennial state admitted to the Union in 1876, with its magnificent and contrasting landscapes, has long had a hold on the American imagination. And Colorado, as it has developed over the years, has been at the front edge of economic, cultural and political change. For all its scenery, it is demographically an urban state, with nearly half its 5 million people in metropolitan Denver and four-fifths in the urban strip paralleling the Front Range. And it is a healthy state, with the nation’s lowest rates of obesity ... (read more)

Demographic data for Colorado
 ColoradoU.S.
Total population:5,197,580314,107,084
Land area (sq mi):103,6423,531,905
Gender
Female:49.8%50.8%
Race and ethnicity
White:69.4%62.8%
Black/African American:4%12.6%
Asian:2.8%5%
Native American:1%0.8%
Pacific Islander:0.1%0.2%
Two or more:3.5%2.9%
Hispanic/Latino:20.9%16.9%
Education
High school graduation rate:90.4%86.3%
College graduation rate:37.5%29.3%
Income
Median household income:$59,448$53,482
Persons below poverty level:13.1%14.8%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2014)

Presidential Voting Pattern

The percentages below show Colorado voter preference in general election presidential races.

Colorado vote percentages

  • 2012: 51.5% Democratic / 46.1% Republican
  • 2008: 53.7% Democratic / 44.7% Republican
  • 2004: 47% Democratic / 51.7% Republican
  • 2000: 42.4% Democratic / 50.8% Republican

U.S. vote percentages

  • 2012: 51.1% Democratic / 47.2% Republican
  • 2008: 52.9% Democratic / 45.7% Republican
  • 2004: 48.3% Democratic / 50.7% Republican
  • 2000: 48.4% Democratic / 47.9% Republican


More Colorado coverage on Ballotpedia

Recent news

This section displays the most recent stories in a Google news search for the term "Colorado + slavery + prohibition + amendment"

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See also

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External links

Basic information

Support

Footnotes

  1. ↑ Lexis Nexis, "Colorado Constitution," accessed July 20, 2016
  2. ↑ 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 attributed to the original source.
  3. ↑ 3.0 3.1 3.2 3.3 3.4 Colorado Secretary of State, "Colorado 2016 Ballot Issue Guide," accessed October 5, 2016
  4. ↑ 4.0 4.1 Colorado General Assembly, "SCR16-006," accessed May 6, 2016
  5. ↑ Together Colorado, "We need YOU to Pass Amendment T-Take Slavery Out of the Colorado Constitution," accessed October 6, 2016
  6. ↑ 6.0 6.1 Daily Sentinel, "Amendment would take slavery language out of Constitution," August 23, 2016
  7. ↑ League of Women Voters, "2016 BALLOT INITIATIVES," accessed September 7, 2016
  8. ↑ First Unitarian Society of Denver, "No Slavery! No Exceptions! Vote Yes on Amendment T," August 17, 2016
  9. ↑ 9.0 9.1 Together Colorado, "No Slavery, No Exceptions: It's What Our Faith Calls Us to Do," accessed October 6, 2016
  10. ↑ The Denver Post, "As drafted, Colorado’s Amendment T has a fatal flaw," October 17, 2016
  11. ↑ Justia, "Romer v. Evans - 517 U.S. 620 (1996)," accessed February 20, 2014
  12. ↑ Note: These totals include all contributions and may include in-kind donations as well as cash donations.
  13. ↑ Note: This date is the most recent date on which Ballotpedia staff researched campaign finance data. The actual date through which this information is accurate depends on the campaign finance reporting requirements in this state.
  14. ↑ 14.0 14.1 14.2 Colorado Secretary of State, "No Slavery No Exceptions Committee," accessed December 13, 2016
  15. ↑ Note: The totals listed below do not include in-kind donations, which are detailed in a separate section below.
  16. ↑ Colorado Springs Independent, "Busy ballot, tough choices for Colorado voters," October 12, 2016
  17. ↑ The Denver Post, "Clean up Colorado’s Constitution with these two very small steps," October 14, 2016
  18. ↑ Longmont Times-Call, "Editorial: Choose 'yes' to shorten the Colorado ballot," October 1, 2016
  19. ↑ Loveland Reporter-Herald, “Choose 'yes' to shorten the ballot,” October 1, 2016
  20. ↑ Colorado General Assembly, "Senate bills by #," accessed May 6, 2016
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