Everything you need to know about ranked-choice voting in one spot. Click to learn more!

Nebraska Amendment 1, Remove Slavery as Punishment for Crime from Constitution Amendment (2020)

From Ballotpedia
Jump to: navigation, search
Nebraska Amendment 1
Flag of Nebraska.png
Election date
November 3, 2020
Topic
Constitutional language
Status
Approveda 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

Approved Yes

603,204 68.23%
No 280,898 31.77%
Results are officially certified.
Source


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 Amendment 1 repealed the exception, referred to as an exception clause, for criminal punishment.[1]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.


A vote AGAINST this constitutional amendment would leave the language regarding slavery or involuntary servitude unchanged in the Nebraska Constitution.[3]

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.


The FKGL for the ballot title is grade level 13, and the FRE is 11. The word count for the ballot title is 16, and the estimated reading time is 4 seconds. The FKGL for the ballot summary is grade level 18, and the FRE is 11. The word count for the ballot summary is 52, and the estimated reading time is 13 seconds.


Support

Vote YES: End Slavery in Nebraska led the campaign in support of the amendment.[4]

Supporters

Officials

Organizations

Arguments

  • Nebraska State Senator and the sponsor of the measure Justin T. Wayne (D): "Our Constitution is not a symbolic document; it is the moral and legal foundation of our State and our laws. Removing this language from our Constitution shows that slavery is not a Nebraska value."


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

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 12, 2021.


See also: Campaign finance requirements for Nebraska ballot measures

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

  • Omaha World-Herald Editorial Board: "[W]hile the Nebraska Constitution of 1875 prohibits slavery, it provides a strange exception, allowing involuntary servitude as punishment for a crime. Authorities in Nebraska used that provision for decades to allow convict leasing, in which prisoners were leased out to provide labor for farms, roads and other projects. ... Voter approval next year is needed. Convict leasing was a much-abused action. Let’s sever Nebraska’s constitutional connection to it."


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

See also: Amendment XIII, United States 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
March 7, 2019
Requirement: Three-fifths (60 percent) vote of all members of the legislature
YesNoNot voting
Total4405
Total percent89.80%0.00%10.20%
Democrat1503
Republican2901
Independent001

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.

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. 1.0 1.1 1.2 1.3 Nebraska State Legislature, "Legislative Resolution 1CA," accessed February 7, 2019
  2. Associated Press, "Nebraska measure would ban slavery as criminal punishment," January 8, 2019
  3. 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
  4. End Slavery Nebraska, "Home," accessed February 21, 2020
  5. Nebraska Accountability and Disclosure Commission, "Campaign Finance," accessed March 12, 2019
  6. 6.0 6.1 Nebraska State Legislature, "LR 1CA," accessed February 7, 2019
  7. Nebraska Statutes, "Section 32-908," accessed April 18, 2023
  8. Nebraska Secretary of State, “Nebraska Voter Registration Background,” accessed April 18, 2023
  9. Nebraska Secretary of State, “Felon Voting Rights FAQ,” accessed April 18, 2023
  10. 10.0 10.1 Nebraska Secretary of State, “Voter Information Frequently Asked Questions,” accessed April 18, 2023
  11. Nebraska Secretary of State, “Online Voter Registration Frequently Asked Questions,” accessed April 18, 2023
  12. 12.0 12.1 NCSL, "State Profiles: Elections," accessed August 28, 2024
  13. Omaha World-Herald, “Online voter registration is coming to Nebraska,” September 5, 2015
  14. Nebraska Secretary of State’s Official Voter Registration Application," accessed November 1, 2024
  15. 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."
  16. Nebraska Secretary of State, "Full text," accessed June 8, 2023
  17. Nebraska Secretary of State, "Election Day FAQ," accessed June 8, 2023