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Oregon Measure 112, Remove Slavery as Punishment for Crime from Constitution Amendment (2022)

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Oregon Measure 112
Flag of Oregon.png
Election date
November 8, 2022
Topic
Constitutional language
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

Oregon Measure 112, the Remove Slavery as Punishment for Crime from Constitution Amendment, was on the ballot in Oregon as a legislatively referred constitutional amendment on November 8, 2022.[1] The ballot measure was approved.

A "yes" vote supported:

  • repealing language from the state constitution that allows the use of slavery and involuntary servitude as criminal punishments and 
  • adding language that authorizes an Oregon court or a probation or parole agency to order alternatives to incarceration for a convicted individual as part of their sentencing. 

A "no" vote opposed this amendment to repeal language from the state constitution that prohibits slavery or involuntary servitude except as punishment for a crime.


Election results

Oregon Measure 112

Result Votes Percentage

Approved Yes

1,047,028 55.59%
No 836,295 44.41%
Results are officially certified.
Source


Overview

What did Measure 112 do?

See also: Text of measure

Measure 112 removed language in the Oregon Constitution that allows the use of slavery and involuntary servitude as criminal punishments, thereby prohibiting slavery and involuntary servitude without exception. The amendment also added language authorizing an Oregon court or a probation or parole agency to order alternatives to incarceration for a convicted individual as part of their sentencing.[2]

At the time of election, Oregon was one of 10 states that had a provision prohibiting enslavement and involuntary servitude but with an exception for criminal punishments.

Have other states voted on similar measures?

See also: Related ballot measures

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. In 2020, voters in Nebraska and Utah voted to remove language from their respective constitutions that allowed the use of slavery and involuntary servitude as criminal punishments.

In 2022, voters in Alabama, Louisiana, Tennessee, and Vermont decided on similar constitutional amendments to repeal language that allows the use of slavery and involuntary servitude as criminal punishments.

Who supported and opposed Measure 112?

See also: Support and Opposition

Oregonians Against Slavery Involuntary Servitude (OASIS) led the campaign in support of the amendment. OASIS said, “[The amendment] would remove the exception of slavery and involuntary servitude from the Oregon State Constitution and brings us one step closer to a more just and equitable state and world. By changing this language, Oregon would do away with the antiquated racist legacy of slavery in our State's most important document.” [3]

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Text of measure

Ballot title

The ballot title was as follows:[4]

“ Amends Constitution: Removes language allowing slavery and involuntary servitude as punishment for crime

Result of 'Yes' Vote: 'Yes' vote amends constitution to remove language allowing slavery and involuntary servitude as punishment for crime; allows programs to be ordered as part of sentencing.

Result of 'No' Vote: 'No' vote retains current language that generally prohibits slavery and involuntary servitude but allows slavery and involuntary servitude as punishment for crime.[5]

”

Ballot summary

The ballot summary was as follows:[4]

“ Amends Constitution. Article I, section 34 of the Oregon Constitution currently prohibits slavery and involuntary servitude but allows an exception to that prohibition as a punishment for crime. Measure removes language that allows slavery and involuntary servitude as a punishment for crime. Under measure, a court or probation or parole agency is allowed to order a person convicted of a crime to engage in education, counseling, treatment, community service, or other alternatives to incarceration, as part of sentencing for the crime. Ordered programs must be in line with programs that historically, or in the future, have been in place to provide for accountability, reformation, protection of society, or rehabilitation. Effect on current constitutional provisions requiring inmate work programs unclear.[5] ”

Constitutional changes

See also: Article I, Oregon Constitution

The measure amended Article I of the state constitution. The following underlined text was added, and struck-through text was deleted:[2]

Text of Section 34:

Slavery or Involuntary Servitude

(1.)There shall be neither slavery, nor involuntary servitude in this state the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.

(2.) Upon conviction of a crime, an Oregon court or a probation or parole agency may order the convicted person to engage in education, counseling, treatment, community service or other alternatives to incarceration, as part of sentencing for the crime, in accordance with programs that have been in place historically or that may be developed in the future, to provide accountability, reformation, protection of society or rehabilitation.[5]

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 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 attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 15, and the FRE is 18. The word count for the ballot title is 68.

The FKGL for the ballot summary is grade level 16, and the FRE is 17. The word count for the ballot summary is 118.


Support

Yes-on-112 Horizontal Full-Color.png

Oregonians United to End Slavery led the campaign in support of Measure 112.[3]

Supporters

Officials

Unions

  • Oregon Education Association
  • Oregon Nurses Association

Organizations

  • ACLU of Oregon
  • Abolish Slavery National Network
  • Asian Pacific American Network of Oregon
  • Human Rights Campaign PAC
  • League of Women Voters of Oregon
  • Next Up Action Fund
  • Oregon Justice Resource Center
  • Partnership for Safety and Justice
  • Planned Parenthood Adovcates of Oregon
  • SEIU Oregon
  • Urban League of Portland

Arguments

  • Ken Jeske, administrator of Oregon Corrections Enterprises: "Oregon Corrections Enterprises (OCE) believes in second chance opportunities for adults in custody and providing meaningful work and training opportunities and avenues for personal and professional development for those participating in our voluntary programs."
  • Zach Winston, policy director of the Oregon Justice Resource Center: "While the slavery exception was drafted over 160 years ago, the impact is still disproportionately felt today by the BIPOC communities."
  • Rebecca Gladstone, president of League of Women Voters' Oregon, and Marge Easley, director of advocacy for League of Women Voters' Oregon: "Given the fact that African Americans and other minorities are greatly over-represented in prison populations, the existence of this clause continues the pattern of minority marginalization and dehumanization and has no place in the inclusive society we aspire to be. We join with those who are committed to diversity, equity, and inclusion in Oregon. The League believes that we must do all we can to remove remaining vestiges of slavery and racist policies from our nation’s past and urge passage of SJR 10."
  • Jeff Auxier, Columbia County District Attorney; Kara K. Davis, Gilliam County District Attorney-Elect; Matthew Ellis, Wasco County District Attorney; John Hummel, Deschutes County District Attorney; and Mike Schmidt, Multnomah County District Attorney: "Voting YES on Measure 112 will still allow important rehabilitation and accountability programs to continue. Prison work programs are a part of rehabilitation efforts for those serving time. Our current system includes mandated and voluntary work programs. Passing Measure 112 will clean up our state constitution while allowing these programs to continue. Additionally, important programs offered as part of sentencing, probation, or parole, – including education, counseling, treatment, and community service – will still continue if Measure 112 is passed."


Opposition

Opponents

Unions

  • Oregon State Sheriffs' Association

Arguments

  • Lane Magill, Wasco County Sheriff: "Measure 112 is the elimination of using slavery for punishment under the Oregon Constitution. While on the surface I would generally support this type of measure, as I do not condone or support slavery and/or involuntary servitude at all. However, with that said, I can’t support Measure 112. When digging deeper into Measure 112 there is clear evidence this would directly affect most, if not all, of our work programs at NORCOR. Some of these programs would be cleaning the facility, laundry, public space clean up, etc. As always there is the argument Adults In Custody (AIC’s) are forced to work in Oregon jails. All work programs are voluntary."
  • Jason Myers, executive director-Oregon State Sheriffs' Association: "Oregon Sheriffs do not condone or support slavery and/or involuntary servitude in any form. With this being said, Oregon Sheriffs cannot support Measure 112 as drafted-it creates unintended consequences for Oregon Jails that will result in the elimination of all reformative programs and increased costs to local jail operations. ... Oregon Sheriffs do not condone or support slavery and/or involuntary servitude in any form but cannot support Measure 112 due to the unintended consequences it creates."


Campaign finance

See also: Campaign finance requirements for Oregon ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 31, 2022.


One committee, Oregonians United to End Slavery, was registered in support of Measure 112. It reported over $225,195.91 in contributions. Ballotpedia also identified a committee—Oregon Votes Yes—that registered in support of all four 2022 ballot measures. It reported $785,950.24 in contributions. [6]

If you are aware of a committee registered to oppose this measure, please email editor@ballotpedia.org.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $979,522.00 $31,624.15 $1,011,146.15 $955,442.77 $987,066.92
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $979,522.00 $31,624.15 $1,011,146.15 $955,442.77 $987,066.92

Support

The following table includes contribution and expenditure totals for the committee in support of the measure.[6]

Committees in support of Measure 112
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Oregon Votes Yes $785,922.00 $28.24 $785,950.24 $785,440.32 $785,468.56
Oregonians United to End Slavery $193,600.00 $31,595.91 $225,195.91 $170,002.45 $201,598.36
Total $979,522.00 $31,624.15 $1,011,146.15 $955,442.77 $987,066.92

Donors

The following is the top donor who contributed to the support committee.[6]

Donor Cash Contributions In-Kind Contributions Total Contributions
National Education Association $500,000.00 $0.00 $500,000.00
Oregon Education Association $75,000.00 $0.00 $75,000.00
Oregonians for Slavery Abolition $73,000.00 $0.00 $73,000.00
ACLU Foundation of Oregon $54,000.00 $0.00 $54,000.00
Oregon Progressive Alliance $50,000.00 $0.00 $50,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on Measure 112.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

  • Yambill County's News-Register Editorial Board: "Eliminating antiquated, unenforceable and unconscionable provisions on slavery and involuntary servitude is something all but 10 states have already managed. It’s not just time, it’s long past time. ... [A]n emphatic yes on 112 and 113."
  • Portland Tribune Editorial Board: "Yes ... Lawmakers from both parties put this measure on the ballot to remove that clause. Doing so may invite challenges to Oregon's system of using inmates on work crews, but we are confident that lawmakers can address that issue once we remove a relic of Oregon's racist history from the state constitution."
  • The Oregonian Editorial Board: "Measure 112 would not only strip out that exception but add new language that allows for those convicted of a crime to be ordered into community service, educational programs or other alternatives to incarceration. Adoption of this measure would not change the authorization for prison work programs as outlined under a separate section of the constitution, supporters note in the measure’s explanatory statement. ... Oregonians should vote 'yes' on Measure 112 to join them."
  • The Corvallis Advocate Editorial Board: "Would repeal language from the Oregon Constitution that allows the use of slavery and involuntary servitude as criminal punishment, then adds language that would still allow Oregon courts, probation agencies, or parole agencies to order alternatives to incarceration that would include unpaid work. We are voting 'Yes' because: Yikes! Awkward! We of course want to have that removed."
  • Eugene Weekly Editorial Board: "Measure 112, YES. ... The disgusting institution of slavery has been abolished in the United States for more than 150 years, and the fact that in 2022 we still have language in our state Constitution allowing involuntary servitude as criminal punishment is bizarre and embarassing."
  • Portland Mercury Editorial Board: "Oregon joins four other states in asking voters to repeal this language in their state constitution this year, as part of a larger movement to eventually cut this phrasing from the US Constitution. While we’re eager to see changes to our state’s prison labor laws, we also realize that this measure isn’t where that work will be done. Vote yes on Measure 112."


Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.


Background

Related ballot measures

In 2022, voters in five states — Alabama, Louisiana, Oregon, Tennessee, and Vermont—decided on ballot measures to repeal language from their state constitutions that allows for enslavement or servitude as punishments for crimes or, in Vermont, for the payment of debts, damages, or fines.

In 2020, voters in Nebraska and Utah voted to remove language from their respective constitutions that allowed the use of slavery and involuntary servitude as criminal punishments. Nebraska Amendment 1 was approved by a margin of 68.23% to 31.77%. Utah Constitutional Amendment C was approved by a margin of 80.48% to 19.52%.

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% 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% 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 Oregon 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."

Path to the ballot

See also: Amending the Oregon Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority is required in both the Oregon State Senate and the Oregon House of Representatives.

This amendment was introduced as Senate Joint Resolution 10 (SJR 10) on January 11, 2021. On April 14, 2021, the state Senate passed SJR 10 in a vote of 27-2 with one excused. On June 22, 2021, the state House passed SJR 10 with amendments in a vote of 51-7 with one excused. On June 24, 2021, the Senate concurred with the House amendments by a vote of 25-4 with one excused.[1]

Vote in the Oregon House of Representatives
June 22, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 30  Approveda
YesNoNot voting
Total5171
Total percent86.44%11.86%1.70%
Democrat3601
Republican1570
Vote in the Oregon State Senate
June 24, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 16  Approveda
YesNoNot voting
Total2541
Total percent83.33%13.33%3.34%
Democrat1701
Republican830
Independent010

How to cast a vote

See also: Voting in Oregon

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

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. ↑ 1.0 1.1 Oregon State Legislature, "Overview of SJR 10," accessed March 19, 2021
  2. ↑ 2.0 2.1 Oregon Legislature, "SJR 10 Text," accessed April 14, 2021
  3. ↑ 3.0 3.1 Oregonians United to End Slavery, "Home," accessed June 24, 2021
  4. ↑ 4.0 4.1 Oregon Secretary of State, "Ballot title and summary letter," accessed August 25, 2021
  5. ↑ 5.0 5.1 5.2 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
  6. ↑ 6.0 6.1 6.2 Oregon Secretary of State, "Statement of Organization Search by Measure / Petition," accessed August 4, 2022
  7. ↑ 7.0 7.1 Oregon Secretary of State, “Voting in Oregon,” accessed April 20, 2023
  8. ↑ Deschutes County Oregon, “Voting in Oregon FAQ,” accessed April 20, 2023
  9. ↑ Oregon.gov, "Public Elections Calendar, November 2024," accessed January 9, 2024
  10. ↑ 10.0 10.1 10.2 10.3 Oregon Secretary of State, "Oregon Online Voter Registration," accessed April 20, 2023
  11. ↑ Oregon Secretary of State, "Oregon Voter Registration Card," accessed November 2, 2024
  12. ↑ 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."
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