Utah Constitutional Amendment C, Remove Slavery as Punishment for a Crime from Constitution Amendment (2020)

Utah Utah Constitutional Amendment C
Election date November 3, 2020
Topic Constitutional rights and Constitutional language
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Utah measuresUtah Constitutional Amendment AUtah Constitutional Amendment BUtah Constitutional Amendment CUtah Constitutional Amendment DUtah Constitutional Amendment EUtah Constitutional Amendment FUtah Constitutional Amendment GSubmit

Utah Constitutional Amendment C, the Remove Slavery as Punishment for a Crime from Constitution Amendment, was on the ballot in Utah as a legislatively referred constitutional amendment on November 3, 2020. It was approved.

A "yes" vote supported removing language from the Utah Constitution that allows the use of slavery and involuntary servitude as criminal punishments.

A "no" vote opposed this amendment, thus keeping language in the state constitution that allows the use of slavery and involuntary servitude as criminal punishments.

Election results

Utah Constitutional Amendment C
Result		Votes	Percentage
Yes		1,138,974	80.48%
No		276,171	19.52%

Results are officially certified.

Source

Overview

What did Constitutional Amendment C do?

See also: Ballot language and constitutional changes

Going into the election, the Utah Constitution prohibited slavery and involuntary servitude, except as punishments for those convicted of crimes. This ballot measure repealed the exception, referred to as an exception clause, for criminal punishment. As of 2020, the Utah 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. The Thirteenth Amendment of the U.S. Constitution included an exception clause permitting slavery or involuntary servitude for people convicted of crimes.

The amendment added language stating that the section "does not apply to the otherwise lawful administration of the criminal justice system."

Similar amendments on state ballots

See also: Similar amendments on state ballots

A similar amendment was on the 2020 ballot in Nebraska.

In 2018, voters in Colorado approved Amendment A, which removed language from the state constitution that said slavery and involuntary servitude were permitted as criminal punishments.

Text of measure

Ballot question

The ballot question was as follows:

“

Shall the Utah Constitution be amended to make the following changes to the Utah Constitution’s ban on slavery and involuntary servitude: remove the language that allows slavery and involuntary servitude as punishment for a crime; and clarify that the ban does not affect the otherwise lawful administration of the criminal justice system? For ( ) Against ( )

”

Constitutional changes

See also: Article I, Utah Constitution

The measure amended Section 21 of Article I of the Utah Constitution. The following struck-through text was deleted and underlined text was added:

Article I, Section 21. [Slavery and involuntary servitude forbidden -- Limitation.]

(1) Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted shall exist within this State.

(2) Subsection (1) does not apply to the otherwise lawful administration of the criminal justice system.

Impartial analysis

The impartial analysis for Constitutional Amendment C was included in the 2020 voter guide was as follows:

“ Current Provisions of the Utah Constitution Under the current Utah Constitution, slavery and involuntary servitude are banned, except as punishment for a crime for which a person has been convicted. Involuntary servitude is when a person is forced to work for another person. It is not involuntary servitude if the person can choose not to do the work. Effect of Constitutional Amendment C Constitutional Amendment C removes the exception allowing slavery and involuntary servitude as punishment for a crime. The Amendment also clarifies that the ban on slavery and involuntary servitude does not affect the otherwise lawful administration of the criminal justice system. For example, the Amendment does not impact the ability of a court to sentence someone to prison as punishment for a crime or the ability of prisoners to participate in prison work programs. Effective Date If approved by voters, Constitutional Amendment C takes effect on January 1, 2021. ”

Fiscal impact statement

The fiscal impact statement for Constitutional Amendment C was as follows:

“

The Legislative Fiscal Analyst has determined that Constitutional Amendment C will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

”

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 Office of Legislative Research and General Counsel wrote the ballot language for this measure. The FKGL for the ballot title is grade level 11, and the FRE is 34. The word count for the ballot title is 35, and the estimated reading time is 13 seconds.

Support

Supporters

Officials

• Utah State Senator Jake Anderegg (R)
• Utah State Representative Sandra Hollins (D)

Organizations

• Democracy for America

Arguments

• Utah State Representative and measure sponsor Sandra Hollins (D): "Although the Thirteenth Amendment [of the U.S. Constitution] guaranteed people freedom and said that there weren't slaves anymore, there was still a provision set up where slavery was still allowed to exist in the United States. What my bill proposes to do is to un-do that language in the Utah Constitution. This no longer reflects who we are as Utahns and it no longer reflects our values or where we are trying to move to as a state. I am not saying that 'if you are in prison you should not work'. I believe that work should be a part of the rehabilitation system. Studies have shown that it helps when individuals are able to get skills in prison so once they move back out in to our community they will be able to find jobs and be able to live among us again."
• Former state senator and Utah Republican Party chairman James Evan: "In the United States of America, in 2019, there’s no reason to have any reference of slavery or involuntary servitude."
• Lex Scott of Black Lives Matter in Utah: "It is an ugly thing. It needs to be removed immediately. It’s time we erased that and any other racist monument in the state."

Official arguments

• Representative Sandra Hollins (D) and Senator Jacob Anderegg (R) (Voter Guide): "Many Utahns are surprised to learn that the concept of slavery is still found in Utah’s constitution. The language, copied from the original US Constitution, has been in Utah’s Constitution since before statehood in 1895. We believe that it is well past time that we should remove it. Slavery is not a Utah value. It should not exist in any form, even in our prison system. Yet, the State Constitution still hints that slavery or involuntary servitude is acceptable as punishment for a crime. We believe this concept is wrong, outdated, and should be removed from our State Constitution. Whatever we may think the criminal justice system should be about, we think it should not be about slavery. Working with the State’s Department of Corrections, we believe removing this exception for slavery and involuntary servitude from the State Constitution will not harm the State’s corrections system. This amendment would not apply to the otherwise lawful administration of any other aspect of the State’s criminal justice system. Many other states have no explicit mention of slavery in their constitutions. And others that have voted to remove similar language condoning slavery have experienced no negative impacts to their corrections systems. By voting for this amendment, Utahans are signaling that we no longer accept this hurtful and outdated language to exist in our most important legal document. It also properly aligns our Constitutional language with the values of the vast majority of our citizens. Additionally, by removing slavery from our Utah constitution, we can also continue a conversation to examine what our prison/corrections system really ought to be. Join us in voting FOR Amendment C to abolish the language of slavery in Utah’s Constitution once and for all!"

Opposition

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

Official arguments

No arguments were submitted for the 2020 voter guide in opposition to Constitutional Amendment C.

Campaign finance

See also: Campaign finance requirements for Utah ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

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

Background

Colorado amendments

See also: Colorado Amendment A (2018) and Colorado Amendment T (2016)

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 Utah 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 42 constitutional amendments to the ballot. Voters approved 38 and rejected four of the referred amendments. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was between three and four. The approval rate at the ballot box was 90.48 percent during the 22-year period from 1996 through 2018. The rejection rate was 9.52 percent.

Legislatively-referred constitutional amendments, 1996-2018
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
42	38	90.48%	4	9.52%	3.50	3.00	1	6

Path to the ballot

See also: Amending the Utah Constitution

In Utah, both chambers of the state legislature need to pass a constitutional amendment by a two-thirds vote during one legislative session to refer an amendment to the ballot.

The amendment was introduced into the legislature as House Joint Resolution 8 on January 29, 2019. The House of Representatives approved the amendment, with 73 members (57 Republicans and all 16 House Democrats) voting in favor and two Republicans— Jim Dunnigan and Robert Spendlove—absent or not voting, on February 11, 2019.

The Senate approved the measure with amendments in a vote of 26-0 with three Republicans absent or not voting on March 13, 2019. The House concurred and approved the measure on the same day in a vote of 69-0 with five Republicans and one Democrat absent or not voting.

The amendment must then be approved by a majority of voters voting in the general election, not just a majority of voters voting on the amendment.

Vote in the Utah State Senate March 13, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	26	0	3
Total percent	89.65%	0.00%	10.35%
Democrat	6	0	0
Republican	20	0	3

Vote in the Utah House of Representatives March 13, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	69	0	6
Total percent	92.00%	0.00%	8.00%
Democrat	15	0	1
Republican	54	0	5

How to cast a vote

See also: Voting in Utah

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

How to cast a vote in Utah

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times Utah is an all-mail voting state that offers vote centers for voters that choose to vote in person. All vote centers are open from 7 a.m. to 8 p.m. local time. Utah voters are able to vote in person at any vote center. An individual who is in line at the time polls close must be allowed to vote. Registration requirements Check your voter registration status here. To register to vote in Utah, an applicant must be a citizen of the United States, a resident of Utah for at least 30 days prior to the election, and at least 18 years old by the next general election. Pre-registration is available for 16- and 17-year-olds. 17-year-olds may vote in primary elections if they will turn 18 by the general election. Registration can be completed online or by mailing in a form. The deadline to register online or by mail is 11 days before Election Day. After this deadline, voters may register in person at a vote center by casting a provisional ballot and providing two forms of identification. Automatic registration See also: Automatic voter registration Utah does not practice automatic voter registration. Online registration See also: Online voter registration Utah has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration See also: Same-day voter registration Utah allows same-day voter registration at polling places during the 10 days preceding and on Election Day. Residency requirements Prospective voters must be residents of the state for at least 30 days before the election. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Utah 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, a person who commits fraudulent registration is "guilty of a class A misdemeanor" under Utah Code 20A-2-401. 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. 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 registration The Utah lieutenant governor’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Utah requires in-person voters to present non-photo identification while voting. The following list of accepted ID was current as of May 2025: “ "Valid voter identification" means: a form of identification that bears the name and photograph of the voter which may include: a currently valid Utah driver license; a currently valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act; a currently valid identification card that is issued by: the state; or a branch, department, or agency of the United States; a currently valid Utah permit to carry a concealed weapon; a currently valid United States passport; or a currently valid United States military identification card; one of the following identification cards, regardless of whether the card includes a photograph of the voter: a valid tribal identification card; a Bureau of Indian Affairs card; or a tribal treaty card; or two forms of identification not listed under Subsection (79)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include: before January 1, 2029, an original or copy of a current utility bill, dated no more than 90 calendar days before the date of the election; before January 1, 2029, an original or copy of a bank or other financial account statement, dated no more than 90 calendar days before the date of the election; a certified birth certificate; a valid social security card; an original or copy of a check issued by the state or the federal government, dated no more than 90 calendar days before the date of the election; an original or copy of a paycheck from the voter's employer, dated no more than 90 calendar days before the date of the election; a currently valid Utah hunting or fishing license; certified naturalization documentation; a currently valid license issued by an authorized agency of the United States; a certified copy of court records showing the voter's adoption or name change; a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; a currently valid identification card issued by: a local government within the state; an employer for an employee; or a college, university, technical school, or professional school located within the state; or a current Utah vehicle registration. ” Click here for the Utah statute defining accepted ID to ensure you have the most current information.

See also

2020 measures

• 2020 ballot measures
• Constitutional rights on the ballot
• Constitutional language on the ballot

Utah

• Utah ballot measures
• Utah ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Joint Resolution 8
• Statewide Ballot Questions