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Louisiana Amendment 7, Remove Involuntary Servitude as Punishment for a Crime from Constitution Measure (2022)

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Louisiana Amendment 7
Flag of Louisiana.png
Election date
November 8, 2022
Topic
Constitutional language and Constitutional rights
Status
Defeatedd Defeated
Type
Constitutional amendment		Origin
State legislature

Louisiana Amendment 7, the Remove Involuntary Servitude as Punishment for a Crime from Constitution Measure, was on the ballot in Louisiana as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.

A "yes" vote supported:

  •  removing language from the state constitution that allows involuntary servitude as punishment for a crime; and
  • adding language to say that the section of the constitution prohibiting slavery and involuntary servitude "does not apply to the otherwise lawful administration of criminal justice."

A "no" vote opposed removing language from the state constitution that allows involuntary servitude as punishment for a crime.


Election results

Louisiana Amendment 7

Result Votes Percentage
Yes 508,852 39.15%

Defeated No

790,787 60.85%
Results are officially certified.
Source


Overview

What would Amendment 7 have done?

See also: Constitutional changes

The amendment would have removed language from the state constitution that allowed involuntary servitude as punishment for a crime. The constitution would have been amended to say, "Slavery and involuntary servitude are prohibited." The amendment would have added language stating that the section of the constitution "does not apply to the otherwise lawful administration of criminal justice."[1]

What did supporters and opponents say about Amendment 7?

See also: Support and Opposition

The legislative sponsor of Amendment 7, State Rep. Edmond Jordan (D), began urging voters to reject the measure. Jordan said, "The way that the ballot language is stated it is confusing. And the way that it was drafted it could lead to multiple different conclusions or opinions. Because of the ambiguity of how it was drafted, I’m asking that people vote against it, so that we can go and clean it up with the intent of bringing it back next year and making sure that the language is clear and unambiguous. Regardless of what happens, we’re going to have to bring it back to get it cleared up either way. But either way, it is my intent to bring it back next year and make sure that the language is clearer, and that there is no confusion." The Louisiana Legislative Black Caucus and Louisiana House Democrats have also come out in opposition to the amendment.[2]

The Vote Yes on 7 Coalition, comprised of Curtis Davis, author of Slave State: Evidence of Apartheid in America; Ringo Bosley, CEO of Policy Films, LLC; Abolish Slavery National Network; and EndTheException, said, "The language on your ballot is misleading, it states: 'Do you support an amendment to prohibit the use of involuntary servitude except as it applies to the otherwise lawful administration of criminal justice?' Do not be confused by this as we are convinced that the language: 'the otherwise lawful activity of the criminal justice system' in place of 'except' does not lead to an expansion of slavery. This amendment is only a first step in dismantling this aspect of what we consider an extremely predatory system. As things currently stand, EVERYONE sentenced to hard labor is transported back into bondage, and even then some of those in jail, PRE-TRIAL are enslaved as well. It gets no worse than this. #VoteYESon7."[3]

Do other states have similar constitutional provisions?

See also: State constitutions and Related ballot measures

As of 2022, Louisiana was one of nine states that included constitutional provisions permitting involuntary servitude, but not slavery, as a criminal punishment. Ten other states had constitutions that included provisions prohibiting enslavement and involuntary servitude but with an exception for criminal punishments. These constitutional provisions were added to state constitutions, in their original forms, from the 1850s to the 1890s. One state—Vermont—had a constitutional provision permitting involuntary servitude to pay a debt, damage, fine, or cost.

Voters in three states— Colorado (2018), Utah (2020), and Nebraska (2020)— have approved constitutional amendments to remove language that allowed the use of slavery and involuntary servitude as criminal punishments. In 2022, voters in Alabama, Oregon, Tennessee, and Vermont decided on similar amendments.

Text of measure

Ballot question

The ballot question for the amendment was as follows:[1]

“ Do you support an amendment to prohibit the use of involuntary servitude except as it applies to the otherwise lawful administration of criminal justice? (Amends Article I, Section 3)

[ ]Yes

[ ] No[4]

”

Constitutional changes

See also: Article I, Louisiana Constitution

The measure would have amended Section 3 of Article I of the Louisiana Constitution. The following struck-through text would have been deleted and underlined text would have been added.[1] Note: Hover over the text and scroll to see the full text.

§3. Right to Individual Dignity

Section 3. (A) No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations.

(B)(1) Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime.
(2) Subparagraph (1) of this Paragraph does not apply to the otherwise lawful administration of criminal justice.[4]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 13, and the FRE is 26. The word count for the ballot title is 28.


Support

The Vote YES on 7 Coalition led the campaign in support of the measure.[5]

Supporters

Organizations

  • Abolish Slavery National Network
  • End The Exception
  • Policy Films, LLC


Arguments

  • Vote YES on 7 Coalition: "The language on your ballot is misleading, it states: 'Do you support an amendment to prohibit the use of involuntary servitude except as it applies to the otherwise lawful administration of criminal justice?' Do not be confused by this as we are convinced that the language: 'the otherwise lawful activity of the criminal justice system' in place of 'except' does not lead to an expansion of slavery. This amendment is only a first step in dismantling this aspect of what we consider an extremely predatory system. As things currently stand, EVERYONE sentenced to hard labor is transported back into bondage, and even then some of those in jail, PRE-TRIAL are enslaved as well. It gets no worse than this. #VoteYESon7."
  • Ringo Bosley, CEO of Policy Films, LLC: "The language of the constitutional amendment is not the same as the ballot language and we have support for this constitutional amendment from attorneys across the country, from the Abolish Slavery National Network, and from a similar amendment passed in Utah."
  • Curtis Davis, author of "Slave State: Evidence of Apartheid in America": "Human beings are suffering in the United States of America. We’re losing the moral high ground, and slavery is still real. Louisiana is a dark-red state. They have a supermajority in the House, and they have a supermajority in the Senate. They will never give us another chance to do this."


Opposition

Opponents

Officials

Organizations

  • Council for a Better Louisiana
  • Louisiana House Democrats
  • Louisiana Legislative Black Caucus

Arguments

  • Amendment legislative sponsor Edmond Jordan (D): "The way that the ballot language is stated it is confusing. And the way that it was drafted it could lead to multiple different conclusions or opinions. Because of the ambiguity of how it was drafted, I’m asking that people vote against it, so that we can go and clean it up with the intent of bringing it back next year and making sure that the language is clear and unambiguous. Regardless of what happens, we’re going to have to bring it back to get it cleared up either way. But either way, it is my intent to bring it back next year and make sure that the language is clearer, and that there is no confusion."
  • The Council for a Better Louisiana: "This amendment is an example of why it is so important to get the language right when presenting constitutional amendments to voters.”


Campaign finance

See also: Campaign finance requirements for Louisiana ballot measures

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00 $0.00


Ballotpedia has not identified political action committees registered to support or oppose this measure. If you are aware of one, please email editor@ballotpedia.org.

Background

Related ballot measures

2022:

Amendments to remove constitutional language that allows the use of slavery and involuntary servitude as criminal punishments were certified for the 2022 ballot in five states. The amendments were approved in all states except Louisiana.

  • Alabama Recompiled Constitution Ratification Question (2022) Approveda: Ratified an updated and recompiled state constitution that was drafted to, among other changes, remove racist language. The section stating "That no form of slavery shall exist in this state; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted," was removed.

2020:

Amendments to remove constitutional language that allowed the use of slavery and involuntary servitude as criminal punishments were approved in two states in 2020.

2018:

An amendment to remove constitutional language that allowed the use of slavery and involuntary servitude as criminal punishments was approved in Colorado in 2018.

Federal constitution

See also: Amendment XIII, United States Constitution

The Thirteenth Amendment of the U.S. Constitution was ratified on December 6, 1865. The Thirteenth Amendment prohibited slavery and involuntary servitude, except as a punishment for those convicted of crimes. The text of the Thirteenth Amendment is as follows:

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.

State constitutions

Slavery as criminal punishment

As of 2024, eight states had constitutions that included provisions prohibiting enslavement and involuntary servitude but with an exception for criminal punishments. These constitutional provisions were added to state constitutions, in their original forms, from the 1850s to the 1890s.

State Constitution Language
Arkansas Article II, Section 27 "There shall be no slavery in this State, nor involuntary servitude, except as a punishment for crime."
Indiana Article I, Section 37 "There shall be neither slavery, nor involuntary servitude, within the State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted."
Kentucky Article I, Section 25 "Slavery and involuntary servitude in this State are forbidden, except as a punishment for crime, whereof the party shall have been duly convicted."
Minnesota Article I, Section 2 "There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted."
Mississippi Article III, Section 15 "There shall be neither slavery nor involuntary servitude in this state, otherwise than in the punishment of crime, whereof the party shall have been duly convicted."
Nevada Article I, Section 17 "Neither Slavery nor involuntary servitude unless for the punishment of crimes shall ever be tolerated in this State."
North Dakota Article I, Section 6 "Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state."
Wisconsin Article I, Section 2 "There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted."

Involuntary servitude as criminal punishment

As of 2023, eight states had constitutions that included provisions permitting involuntary servitude, but not slavery, as a criminal punishment.

State Constitution Language
California Article I, Section 6 "Slavery is prohibited. Involuntary servitude is prohibited except to punish crime."
Georgia Article I, Paragraph XX "There shall be no involuntary servitude within the State of Georgia except as a punishment for crime after legal conviction thereof or for contempt of court."
Iowa Article I, Section 23 "There shall be no slavery in this state; nor shall there be involuntary servitude, unless for the punishment of crime."
Kansas Bill of Rights, Section 6 "There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted."
Louisiana Article I, Section 3 "Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime."
Michigan Article I, Section 9 "Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state."
North Carolina Article I, Section 17 "Slavery is forever prohibited. Involuntary servitude, except as a punishment for crime whereof the parties have been adjudged guilty, is forever prohibited."
Ohio Article I, Section 6 "There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime."

Constitutional amendments on the ballot, 2000-2020

See also: List of Louisiana ballot measures

The following statistics are based on legislatively referred constitutional amendments on the even-year ballot in Louisiana between 2000 and 2020:

  • During the 20-year period between 2000 and 2020, the statewide ballot in Louisiana featured 104 constitutional amendments.
  • An average of 10 amendments appeared on the ballot.
  • The number of amendments on the ballot ranged from four to 21.
  • Voters approved 71.15% (74 of 104) and rejected 28.85% percent (30 of 104) of the constitutional amendments.
Legislatively-referred constitutional amendments in even-years, 2000-2020
Total number Approved Percent approved Defeated Percent defeated Even-year average Even-year median Even-year minimum Even-year maximum
104 74 71.15% 30 28.85% 9.45 8.0 4 21

Path to the ballot

See also: Amending the Louisiana Constitution

In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.

This amendment was introduced as House Bill 298 on March 2, 2022. On May 23, 2022, the state House passed HB 298 in a vote of 96-0 with nine members absent. The Senate passed the bill on June 1, 2022, by a vote of 34-0 with four members absent.[1]

Vote in the Louisiana House of Representatives
May 23, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 70  Approveda
YesNoNot voting
Total9609
Total percent91.43%0.00%8.57%
Democrat2905
Republican6404
Independent300
Vote in the Louisiana State Senate
June 1, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 26  Approveda
YesNoNot voting
Total3404
Total percent89.47%0.00%10.53%
Democrat803
Republican2601

How to cast a vote

See also: Voting in Louisiana

Click "Show" to learn more about voter registration, identification requirements, and poll times in Louisiana.


See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Louisiana State Legislature, "House Bill 298," accessed June 2, 2022
  2. ↑ KSLA, "State Rep. now asking Louisiana residents to vote ‘no’ on his slavery amendment this year," accessed October 26, 2022
  3. ↑ Vote Yes on 7 Coalition, "Press release," accessed October 26, 2022
  4. ↑ 4.0 4.1 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
  5. ↑ Vote Yes on 7 Coalition, "Press release," accessed October 26, 2022
  6. ↑ Louisiana Secretary of State, "FAQ: Voting on Election Day," accessed August 15, 2024
  7. ↑ Louisiana Secretary of State, "Vote on Election Day," accessed August 15, 2024
  8. ↑ 8.0 8.1 8.2 Louisiana Secretary of State, "Register to Vote," accessed August 15, 2024
  9. ↑ WWNO, "Louisiana now requires proof of citizenship to vote, but hasn’t issued any guidance," January 15, 2025
  10. ↑ Louisiana Secretary of State, "Louisiana Voter Registration Application," accessed June 30, 2025
  11. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  12. ↑ 12.0 12.1 Louisiana Secretary of State, "Vote on Election Day," accessed August 15, 2024
  13. ↑ Louisiana Secretary of State, "Louisiana voters' bill of rights and voting information," accessed August 15, 2024
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