Oregon Remove Slavery as Punishment for Crime from Constitution Amendment (2022)
| Oregon Remove Slavery as Punishment for Crime from Constitution Amendment | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Constitutional language | |
| Status On the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Oregon Remove Slavery as Punishment for Crime from Constitution Amendment is on the ballot in Oregon as a legislatively referred constitutional amendment on November 8, 2022.[1]
A "yes" vote supports:
|
A "no" vote opposes this amendment to repeal language from the state constitution that prohibits slavery or involuntary servitude except as punishment for a crime. |
Overview
What would the amendment do?
- See also: Text of measure
The amendment would remove 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 would also add 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]
As of January 2021, 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 2022, Tennessee voters will also be deciding on a constitutional amendment to remove language that allows the use of slavery and involuntary servitude as criminal punishments.
In 2020, Nebraska and Utah approved similar constitutional amendments. Nebraskans approved the amendment by a margin of 68.23% to 31.77%. Utahans approved the amendment by a margin of 80.48% to 19.52%. In 2018, Colorado approved a similar amendment with 66.2% of the vote after defeating the same amendment in 2016.
Who supports and opposes the amendment?
- See also: Support and Opposition
Oregonians Against Slavery Involuntary Servitude (OASIS) is leading 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 is 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 is 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 would amend Article I of the state constitution. The following underlined text would be added, and struck-through text would be deleted:[2]
|
Text of Section 34: Slavery or Involuntary Servitude (1.)There shall be neither slavery (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] |
Support
Oregonians Against Slavery Involuntary Servitude (OASIS) is leading the campaign in support of the amendment.[3]
Supporters
Officials
- State Senator Michael Dembrow (D)
- State Senator Lew Frederick (D)
- State Senator Sara Gelser (D)
- State Senator Elizabeth Steiner Hayward (D)
- State Senator James Manning (D)
- State Senator Chuck Riley (D)
- State Senator Rob Wagner (D)
- State Representative Janelle Bynum (D)
- State Representative Janeen Sollman (D)
Organizations
- ACLU of Oregon
- Abolish Slavery National Network
- Asian Pacific American Network of Oregon
- Next Up Action Fund
- Oregon Justice Resource Center
- Partnership for Safety and Justice
- Planned Parenthood Adovcates of Oregon
- Urban League of Portland
Arguments
Opposition
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Campaign finance
If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
| 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 |
Background
Related ballot measures
In 2022, Tennessee voters will also be deciding on a constitutional amendment to remove language that allows the use of slavery and involuntary servitude as criminal punishments. It will be replaced with the statement, "Slavery and involuntary servitude are forever prohibited."
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
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 2021, 10 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." |
| Oregon | Article I, Section 34 | "There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted." |
| Tennessee | Article I, Section 33 | "That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are forever prohibited 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 2021, nine states had constitutions that included provisions permitting involuntary servitude, but not slavery, as a criminal punishment.
| State | Constitution | Language |
|---|---|---|
| Alabama | Article I, Section 32 | "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." |
| 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." |
Involuntary servitude as other punishment
As of 2021, one state—Vermont—had a constitutional provision permitting involuntary servitude to pay a debt, damage, fine, or cost.
| State | Constitution | Language |
|---|---|---|
| Vermont | Chapter 1, Article 1 | "... therefore no person born in this country, or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after arriving to the age of twenty-one years, unless bound by the person's own consent, after arriving to such age, or bound by law for the payment of debts, damages, fines, costs, or the like." |
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 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]
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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.
| How to cast a vote in Oregon | |||||
|---|---|---|---|---|---|
Poll timesOregon is an elections-by-mail state. A voter can still vote on Election Day at his or her local municipal clerk's office, however, between 7 a.m. to 8 p.m. Pacific Time.[6] RegistrationTo register to vote in Oregon, one must be a resident of Oregon, a United States citizen, and at least 16 years old. Voters must be at least 18 years old by the day of the election in order to receive a ballot.[7] Prospective voters can register online, in person at a county elections office, or by mailing in a voter registration form. The deadline to register is 21 days before an election.[7] Automatic registrationOregon implemented automatic voter registration in 2016. For more information, click here. Online registration
Oregon has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationOregon does not allow same-day voter registration. Residency requirementsTo register to vote in Oregon, you must be a resident of the state. Verification of citizenshipOregon does not require proof of citizenship for voter registration. Verifying your registrationThe Oregon Secretary of State’s Office allows residents to check their voter registration status online by visiting this website. Voter ID requirementsOregon is a vote-by-mail state. When registering to vote, a voter must provide his or her driver's license or state ID card number.[8] | |||||
See also
|
External links
Support |
OppositionSubmit links to editor@ballotpedia.org. |
Footnotes
- ↑ 1.0 1.1 Oregon State Legislature, "Overview of SJR 10," accessed March 19, 2021
- ↑ 2.0 2.1 Oregon Legislature, "SJR 10 Text," accessed April 14, 2021
- ↑ 3.0 3.1 OASIS, "Home," accessed June 24, 2021
- ↑ 4.0 4.1 Oregon Secretary of State, "Ballot title and summary letter," accessed August 25, 2021
- ↑ 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 - ↑ Oregon Secretary of State, “Voting in Oregon,” accessed October 17, 2019
- ↑ 7.0 7.1 Oregon Secretary of State, "Voting in Oregon," accessed October 4, 2019
- ↑ Oregon Secretary of State, "Voting in Oregon," accessed October 7, 2019
| ||||||||||||||
