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Nebraska Amendment 1, Remove Slavery as Punishment for Crime from Constitution Amendment (2020)
| Nebraska Amendment 1 | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Constitutional language | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Nebraska Amendment 1, the Remove Slavery as Punishment for Crime from Constitution Amendment, was on the ballot in Nebraska as a legislatively referred constitutional amendment on November 3, 2020. It was approved.
A "yes" vote supported removing language from the Nebraska Constitution that allows the use of slavery and involuntary servitude as criminal punishments. |
A "no" vote opposed this ballot measure, thus keeping language in the state constitution that allows the use of slavery and involuntary servitude as criminal punishments. |
Election results
|
Nebraska Amendment 1 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
603,204 | 68.23% | ||
| No | 280,898 | 31.77% | ||
Overview
Since 1875, the Nebraska Constitution has prohibited slavery and involuntary servitude, except as punishments for those convicted of crimes. Amendment 1 repealed the exception, referred to as an exception clause, for criminal punishment.[1]
As of 2020, the Nebraska Constitution was one of 12 state constitutions that ban slavery and involuntary servitude but include an exception for criminal punishment. An additional nine state constitutions included provisions permitting involuntary servitude, but not slavery, as a criminal punishment. Voters in neighboring Colorado approved a ballot measure in 2018 to remove an exception clause from their state constitution. The Thirteenth Amendment of the U.S. Constitution included an exception clause permitting slavery or involuntary servitude for people convicted of crimes.[2]
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | A constitutional amendment to eliminate slavery or involuntary servitude as a punishment for crime.
[ ] For [ ] Against[3] |
” |
Ballot summary
The ballot summary was as follows:[1]
| “ | A vote FOR this constitutional amendment would eliminate a provision in the Nebraska Constitution that states that slavery or involuntary servitude may be used as a punishment for conviction of a crime.
|
” |
Constitutional changes
- See also: Article I, Nebraska Constitution
Amendment 1 amended Section 2 of Article I of the Nebraska Constitution. The following struck-through text was repealed:[1]
There shall be neither slavery nor involuntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.[3]
Readability score
- See also: Ballot measure readability scores, 2020
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary 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 secretary of state wrote the ballot language for this measure.
|
Support
Vote YES: End Slavery in Nebraska led the campaign in support of the amendment.[4]
Supporters
Officials
- Nebraska State Senator Justin T. Wayne (D)
Organizations
Arguments
Opposition
If you are aware of any opponents or opposing arguments that should be included here, please send an email with a link to editor@ballotpedia.org.
Campaign finance
There were no ballot measure committees registered in support of or in opposition to Amendment 1.[5]
| 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 |
Media editorials
- See also: 2020 ballot measure media endorsements
Support
Opposition
Ballotpedia did not locate media editorial boards opposing the Amendment 1. If you are aware of an editorial, please email the article to editor@ballotpedia.org.
Background
Colorado amendments
- See also: Colorado Amendment A (2018)
In 2018, voters in Colorado approved Amendment A, which removed language from the state constitution saying that slavery and involuntary servitude were permitted as criminal punishments. Amendment A received 66.2 percent of the vote. In 2016, voters in Colorado rejected a constitutional amendment—Amendment T—that would have removed the same language as Amendment A. Amendment T received 49.7 percent of the vote.
Federal constitution
The Thirteenth Amendment of the U.S. Constitution was ratified on December 6, 1865. Like the Nebraska Constitution, 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." |
Referred amendments on the ballot
From 1996 through 2018, the state legislature referred 54 constitutional amendments to the ballot. Voters approved 20 and rejected 34 of the referred amendments. All of the amendments appeared on even-year ballots. The average number of amendments appearing on the ballot was between four and five. The approval rate at the ballot box was 37.0 percent during the 22-year period from 1996 through 2018. The rejection rate was 63.0 percent. Preceding 2020, the last time voters in Nebraska addressed legislatively referred constitutional amendments was 2012.
| Legislatively referred constitutional amendments, 1996-2018 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Years | Total number | Approved | Percent approved | Defeated | Percent defeated | Average | Median | Minimum | Maximum |
| Even years | 54 | 20 | 37.0% | 34 | 63.0% | 4.5 | 3.5 | 0 | 17 |
Path to the ballot
- See also: Amending the Nebraska Constitution
In Nebraska, a constitutional amendment requires a 60 percent vote in the Nebraska State Senate in one legislative session.
On January 10, 2019, Sen. Justin T. Wayne (D-13) introduced the constitutional amendment as Legislative Resolution 1CA (LR 1CA). The constitutional amendment was referred to the Judiciary Committee, which voted 8-0 to advance the measure. On February 7, 2019, the full state Senate voted 44-0 to send the measure to review.[6]
On March 7, 2019, the state Senate held a final reading of LR 1CA, passing the constitutional amendment. The vote was 44 to zero, with five members not voting.[6]
| Vote in the Nebraska State Senate | |||
| Requirement: Three-fifths (60 percent) vote of all members of the legislature | |||
| Yes | No | Not voting | |
|---|---|---|---|
| Total | 44 | 0 | 5 |
| Total percent | 89.80% | 0.00% | 10.20% |
| Democrat | 15 | 0 | 3 |
| Republican | 29 | 0 | 1 |
| Independent | 0 | 0 | 1 |
How to cast a vote
- See also: Voting in Nebraska
Click "Show" to learn more about voter registration, identification requirements, and poll times in Nebraska.
| How to cast a vote in Nebraska | |||||
|---|---|---|---|---|---|
Poll timesIn Nebraska, all polling locations are open from 8:00 a.m. to 8:00 p.m. Central Time and 7:00 a.m. to 7:00 p.m. Mountain Time. An individual who is in line at the time polls close must be allowed to vote. Nebraska is divided between Central and Mountain time zones.[7] Registration requirements
To register to vote in Nebraska, each applicant must be a citizen of the United States, a resident of the Nebraska county in which they are registering, and at least 18 years old by the first Tuesday after the first Monday in November. Citizens are eligible to register to vote on January 1 of the year they will turn 18 before the November general election. People convicted of a felony regain the right to vote upon completion on their sentence, including parole and probation. Individuals who have been declared mentally incompetent by a court are ineligible to register to vote.[8][9] A voter registration application can be completed in person at the county clerk or election commissioner's office, the Department of Motor Vehicles, or other state agencies. In-person registration must be completed by the third Friday preceding the election if completed at the DMV or other state agencies. In-person registration at county election offices must be completed by 6 p.m. on the second Friday before the election. Applications returned by mail must be postmarked by the third Friday before the election.[10] Online applications must be submitted by midnight on the third Friday before the election.[11] Automatic registrationNebraska does not practice automatic voter registration.[12] Online registration
Nebraska has implemented an online voter registration system. Residents can register to vote by visiting this website. The Nebraska State Senate enacted legislation allowing online voter registration in 2014, and the system was implemented in 2015.[13] Same-day registrationNebraska does not allow same-day voter registration.[12] Residency requirementsIn Nebraska, citizens can register to vote the day they become residents of the state.[10] Verification of citizenshipNebraska does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "any registrant who signs this application knowing that any of the information in the application is false shall be guilty of a Class IV felony under section 32-1502 of the statutes of Nebraska. The penalty for a Class IV felony is up to two years imprisonment and twelve months post-release supervision, a fine of up to $10,000.00, or both."[14] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[15] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe Voter View site, run by the Nebraska Secretary of State’s office, allows residents to check their voter registration status online.
Voter ID requirementsNebraska requires voters to present identification while voting. Initiative 432, approved by Nebraska voters in November 2022, amended Article I of the state constitution to require voters to present valid photo identification in order to vote. Governor Jim Pillen (R) signed Legislative Bill 514 into law on June 1, 2023, in order to implement this policy change. Due to this legislation, Nebraska's voter ID requirement went into effect on April 1, 2024, in time for the state's 2024 primary.[16][17] | |||||
See also
External links
Support |
OppositionSubmit links to editor@ballotpedia.org. |
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Nebraska State Legislature, "Legislative Resolution 1CA," accessed February 7, 2019
- ↑ Associated Press, "Nebraska measure would ban slavery as criminal punishment," January 8, 2019
- ↑ 3.0 3.1 3.2 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 - ↑ End Slavery Nebraska, "Home," accessed February 21, 2020
- ↑ Nebraska Accountability and Disclosure Commission, "Campaign Finance," accessed March 12, 2019
- ↑ 6.0 6.1 Nebraska State Legislature, "LR 1CA," accessed February 7, 2019
- ↑ Nebraska Statutes, "Section 32-908," accessed April 18, 2023
- ↑ Nebraska Secretary of State, “Nebraska Voter Registration Background,” accessed April 18, 2023
- ↑ Nebraska Secretary of State, “Felon Voting Rights FAQ,” accessed April 18, 2023
- ↑ 10.0 10.1 Nebraska Secretary of State, “Voter Information Frequently Asked Questions,” accessed April 18, 2023
- ↑ Nebraska Secretary of State, “Online Voter Registration Frequently Asked Questions,” accessed April 18, 2023
- ↑ 12.0 12.1 NCSL, "State Profiles: Elections," accessed August 28, 2024
- ↑ Omaha World-Herald, “Online voter registration is coming to Nebraska,” September 5, 2015
- ↑ Nebraska Secretary of State’s Official Voter Registration Application," accessed November 1, 2024
- ↑ 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."
- ↑ Nebraska Secretary of State, "Full text," accessed June 8, 2023
- ↑ Nebraska Secretary of State, "Election Day FAQ," accessed June 8, 2023
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