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Tennessee Constitutional Amendment 3, Remove Slavery as Punishment for Crime from Constitution Amendment (2022)
| Tennessee Constitutional Amendment 3 | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Constitutional language | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Tennessee Constitutional Amendment 3, the Remove Slavery as Punishment for Crime from Constitution Amendment, was on the ballot in Tennessee as a legislatively referred constitutional amendment on November 8, 2022. The measure was approved.
A "yes" vote supported amending the state constitution to remove language that allows the use of slavery and involuntary servitude as criminal punishments and replace it with the statement, "Slavery and involuntary servitude are forever prohibited." |
A "no" vote opposed amending the state constitution to remove language that allows the use of slavery and involuntary servitude as criminal punishments. |
Election results
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Tennessee Amendment 3 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
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1,294,296 | 79.53% | ||
| No | 333,071 | 20.47% | ||
Overview
What did the amendment do?
- See also: Text of measure
Constitutional Amendment 3 removed language from the Tennessee Constitution that allows the use of slavery and involuntary servitude as criminal punishments. The ballot measure replaced the language with the statement, "Slavery and involuntary servitude are forever prohibited." The ballot measure states that the language does not prohibit an inmate from working when the inmate has been duly convicted of a crime.[1]
Did other states have similar constitutional provisions?
- See also: State constitutions
Going into the 2022 election, 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.
At the 2020 general election, Utah and Nebraska voters decided 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%.
Who supported and opposed the amendment?
- See also: Support and Opposition
The amendment was sponsored by State Senator Raumesh Akbari (D). Sen. Akbari said, "Our constitution should reflect our values, and it's important that we not have any loopholes that will say in any circumstance slavery is permissible. I think it's an ugly part of our history that needs to be completely put to bed."[2]
The amendment received six "no" votes in the state legislature. Senator Joey Hensley (R), who voted against the amendment, said, "Tennessee’s Constitution has expressly prohibited slavery since it was first adopted 1870, so it’s unnecessary to add this amendment to the state constitution. It will only confuse Tennessee voters by leading them to believe slavery is allowed under the current constitution, which it is not."[2]
Text of measure
Ballot title
The official ballot title was as follows:[3]
| “ | Shall Article I, Section 33 of the Constitution of Tennessee be amended by deleting the section and substituting instead the following?
|
” |
Ballot summary
The official ballot summary was as follows:[3]
| “ | This amendment would change the current language in article I, section 33 of the Tennessee Constitution, which says that slavery and involuntary servitude, except as punishment for a person who has been duly convicted of crime, are forever prohibited in this State. The amendment would delete this current language and replace it with the following language: “Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.”[4] | ” |
Constitutional changes
- See also: Article I, Tennessee Constitution
The measure repealed and replaced Section 33 of Article I of the Tennessee Constitution. The following underlined text was added and struck-through text was deleted:[1]
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.
Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.[4]
Full text
The full text of the measure can be found here.
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 state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 12, and the FRE is 34. The word count for the ballot title is 48.
The FKGL for the ballot summary is grade level 16, and the FRE is 29. The word count for the ballot summary is 82.
Support
United Tennessee Yes on 3 was the committee registered in support of Constitutional Amendment 3.[5]
Supporters
Officials
- Gov. Bill Lee (R)
- State Rep. Raumesh Akbari (D)
- State Rep. Joe Towns Jr. (D)
Candidates
- Jason Martin (D) - Gubernatorial candidate
Organizations
Arguments
Opposition
Opponents
Officials
- State Rep. Joey Hensley (R)
- State Rep. Brian Kelsey (R)
Arguments
Campaign finance
United Tennessee Yes on 3 and Yes on Three Tennessee were the organizations registered in support of Amendment 3. They have reported $204,058 in contributions.[6]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $126,780.79 | $77,277.60 | $204,058.39 | $158,259.64 | $235,537.24 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $126,780.79 | $77,277.60 | $77,302.60 | $158,259.64 | $235,537.24 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.
| Committees in support of Amendment 3 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| United Tennessee | $126,755.79 | $0.00 | $126,755.79 | $80,957.04 | $80,957.04 |
| Yes on Three Tennessee | $25.00 | $77,277.60 | $77,302.60 | $77,302.60 | $154,580.20 |
| Total | $126,780.79 | $77,277.60 | $204,058.39 | $158,259.64 | $235,537.24 |
Background
Related ballot measures
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 Tennessee 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:
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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 Tennessee Constitution
In Tennessee, a constitutional amendment requires a vote in each chamber of the Tennessee State Legislature in two successive legislative sessions with an election in between. However, there are two different vote requirements depending on the session. During the first legislative session, the constitutional amendment needs to receive a simple majority (50%+1) vote in each legislative chamber. During the second legislative session, the constitutional amendment needs to receive a two-thirds vote in each legislative chamber.
111th General Assembly
The 111th Tennessee General Assembly was seated in 2019 and 2020. Sen. Raumesh Akbari (D-29) introduced the constitutional amendment into the legislature as Senate Joint Resolution 159 (SJR 159) on February 5, 2019.[1]
On March 25, 2019, the state Senate approved SJR 159, in a vote of 32-0.[1]
On April 22, 2019, the state House approved SJR 159, in a vote of 97-0.[1]
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112th General Assembly
As the constitutional amendment was approved as SJR 159 in 2019, the 112th Tennessee General Assembly needed to approve the amendment for the measure to appear on the ballot. The amendment was introduced during the 2021 legislative session as Senate Joint Resolution 80 (SJR 80). The Senate approved SJR 80 on March 15, 2021, in a vote of 26-4. On May 4, 2021, the House approved SJR 80 in a vote of 81-2, with two present and not voting.[7]
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How to cast a vote
- See also: Voting in Tennessee
Click "Show" to learn more about voter registration, identification requirements, and poll times in Tennessee.
| How to cast a vote in Tennessee | ||||||
|---|---|---|---|---|---|---|
Poll timesEach county election commission must determine the opening time for polling places in the county at least 15 days before an election, with certain requirements based on county population. All polling places close at 7 p.m. CST (8 p.m. EST). The polls must be open for a minimum of 10 consecutive hours, but not more than 13 hours. An individual who is in line at the time polls close must be allowed to vote.[8][9] Registration
To register to vote in Tennessee, an applicant must be a citizen of the United States, a resident of Tennessee, and at least 18 years old by the day of the next election.[10] Prospective voters can register online, by mailing a voter registration application to the county election commission, or in person at a variety of locations including the county clerk’s office, the county election commission office, public libraries, and numerous state agencies. Registration must be completed 30 days before an election.[10] Automatic registration
Tennessee does not practice automatic voter registration.[11] Online registration
Tennessee has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration
Tennessee does not allow same-day voter registration.[12] Residency requirementsTo register to vote in Tennessee, you must be a resident of the state.[10] Click here for more information about determining residency in Tennessee. Verification of citizenshipTennessee 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, providing false information on an application "is a felony punishable by not less than two (2) years nor more than twelve (12) years imprisonment or a fine of $5,000 or both."[13] Tennessee law requires election officials to conduct check of voter registration applicants' citizenship status. Section 2-2-141 of the Tennessee Code states the following:
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 Tennessee secretary of state’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirementsTennessee requires voters to present photo identification while voting.[16] Voters can present the following forms of identification, even if expired:[17]
First time voters who register by mail or online can not use an expired ID. If they do not have a currently valid ID, they may use the following to vote at the polls:[17]
The following voters are exempt from the photo ID requirements:[17]
Voters can obtain a free photo ID from the Tennessee Department of Safety and Homeland Security at any participating driver service center. In order to receive an ID, a voter must bring proof of citizenship (such as a birth certificate) and two proofs of Tennessee residency (such as a voter registration card, a utility bill, vehicle registration or title, or bank statement). Visit the Tennessee Department of Safety and Homeland Security's Voter Photo ID page for more information.[16] | ||||||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Tennessee State Legislature, "SJR 159," accessed April 23, 2019
- ↑ 2.0 2.1 Fox 17, "4 Tennessee senators vote against removing slavery as punishment from State Constitution," March 16, 2021
- ↑ 3.0 3.1 Tennessee Secretary of State, "2022 Proposed Constitutional Amendments," accessed July 22, 2022
- ↑ 4.0 4.1 4.2 4.3 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 Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Vote Yes on 3, "Homepage," accessed Oct 11, 2022
- ↑ Tennessee BECF, "Registered Referendum Committees 2022," accessed Oct 18, 2022
- ↑ Tennessee General Assembly, "Senate Joint Resolution 80," accessed May 5, 2021
- ↑ LexisNexis, "Tenn. Code Ann. § 2-3-201," accessed July 15, 2025
- ↑ LexisNexis, "Tenn. Code Ann. § 2-7-127," accessed July 15, 2025
- ↑ 10.0 10.1 10.2 Tennessee Secretary of State, "Register to Vote," accessed July 15, 2025
- ↑ National Conference of State Legislatures, "Automatic Voter Registration," accessed July 15, 2025
- ↑ National Conference of State Legislatures, "Same-Day Voter Registration," accessed July 15, 2025
- ↑ Tennessee Secretary of State, "Tennessee Mail-In Application For Voter Registration," accessed July 15, 2025
- ↑ LexisNexis, “Tenn. Code Ann. § 2-2-141,” accessed July 15, 2025
- ↑ 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."
- ↑ 16.0 16.1 Tennessee Secretary of State, "What ID is required when voting?" accessed July 16, 2025
- ↑ 17.0 17.1 17.2 Tennessee Secretary of State, "Guide on ID Requirements when voting," accessed July 16, 2025
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