Colorado Amendment A, Removal of Exception to Slavery Prohibition for Criminals Amendment (2018)

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Colorado Amendment A
Flag of Colorado.png
Election date
November 6, 2018
Topic
Constitutional rights and Constitutional language
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

Colorado Amendment A, the Removal of Exception to Slavery Prohibition for Criminals Amendment was on the ballot in Colorado as a legislatively referred constitutional amendment on November 6, 2018.  It was approved

A "yes" vote supported this proposal to remove part of the Colorado Constitution that says slavery and involuntary servitude are allowable for the punishment of a crime. A yes vote would remove an exception to the prohibition of slavery and involuntary servitude in the case of punishment for a crime from the state constitution.
A "no" vote opposed this proposal, leaving the constitution unchanged. A no vote would leave an exception to the prohibition of slavery and involuntary servitude in the case of punishment for a crime in the state constitution.


Supermajority requirement: A 55 percent supermajority vote was required for the approval of Amendment A.

Election results

Colorado Amendment A

Result Votes Percentage

Approved Yes

1,599,790 66.21%
No 816,342 33.79%
Results are officially certified.
Source

Overview

Amendment design

Going into the 2018 election, the Colorado Constitution contained a provision that allows convicted criminals to be forced to work in prison without pay or restitution. Amendment A amended the state Constitution to repeal an exception to the ban of slavery which allowed compulsory labor, involuntary servitude, or slavery if for the punishment of a crime.

The provision in question was as follows:[3]

“ There shall never be in this state either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.[4] ”

The phrase "except as a punishment for crime, whereof the party shall have been duly convicted" meant that anyone convicted of a crime could be subject to labor without consent in prison. The measure removed this wording.[5][6]

Colorado Amendment T, 2016

See also: Colorado Removal of Exception to Slavery Prohibition for Criminals, Amendment T (2016)

In 2016, an identical amendment, Amendment T, appeared on the 2016 general election ballot in Colorado. Like the 2018 amendment, it passed unanimously in the legislature, but Amendment T was defeated at the ballot box. In 2016, 49.6 percent of voters voted yes and 50.32 percent voted no on the amendment, leaving the constitution unchanged and allowing forced, unpaid labor by convicted criminals. Proponents of Amendment T say they believe the amendment failed because voters may have been confused by the wording of the ballot question.

Ballot measure campaigns

Three committees were registered to support Amendment A: Abolish Slavery Colorado, State Ballot Issue Committee, and Win the Fourth Colorado Issue Committee. Together, the support committees had raised $59,576.05 and had spent $43,372.92. The largest donors were Cynthia Beard ($25,206) and Together Colorado ($10,000).

There are no committees registered in opposition to Amendment A.

Text of measure

Ballot title

The ballot title for Amendment A was as follows:[5]

“

Shall there be an amendment to the Colorado constitution that prohibits slavery and involuntary servitude as punishment for a crime and thereby prohibits slavery and involuntary servitude in all circumstances?[4]

”

Summary and analysis

The summary and analysis provided for this measure in the Colorado 2018 Blue Book was as follows:[7]

Definitions. "Slavery," as defined by Black's Law Dictionary, is a situation in which one person has absolute power over the life, fortune, and liberty of another person. The U.S. Supreme Court has defined "involuntary servitude" as a condition of servitude in which one person is forced to work for another person by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process.

U.S. and Colorado Constitutions. The 13th Amendment to the U.S. Constitution prohibits slavery and involuntary servitude, except as punishment for a crime for which a person has been convicted. The Supreme Court has ruled that the 13th Amendment’s prohibition of involuntary servitude does not prohibit a state from requiring a person to fulfill duties that the person owes to the state. The amendment gives the U.S. Congress the power to enforce the amendment through legislation.

Article II, Section 26 of the Colorado Constitution also prohibits slavery and involuntary servitude, except as punishment for a crime for which a person has been convicted. Amendment A removes this exception, clarifying that slavery and involuntary servitude are prohibited in all circumstances.

Constitutional changes

See also: Article II, Colorado Constitution

Amendment A amended section 26 of Article II of the state constitution. The following struck-through text was deleted:[5]

There shall never be in this state either slavery or involuntary servitude except as a punishment for crime, whereof the party shall have been duly convicted.[4]

Readability score

See also: Ballot measure readability scores, 2018
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 22, and the FRE is -7. The word count for the ballot title is 30, and the estimated reading time is 8 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Yes on A Colorado 2018.jpg

Abolish Slavery Colorado led the campaign in support of the amendment.[8]

Supporters

  • ACLU of Colorado[9]
  • Colorado Council of Churches[9]
  • Luterhan Advocacy Ministry-Colorado[9]
  • Interfaith Alliance of Colorado[9]
  • Together Colorado[9]
  • NAACP[9]
  • Denver Justice Protect[9]
  • United for a New Economy[9]

Sponsors in the legislature

The prime sponsors of this amendment were Rep. Jovan Melton (D-41), Rep. Joseph Salazar (D-31), Sen. Angela Williams (D-33), and Sen. Larry Crowder (R-35). The following Senators and Representatives co-sponsored this amendment:[6]

Arguments

Kamau Allen of Abolish Slavery Colorado said, "This won’t have a direct impact on prison reform or how inmates are treated. But it is definitely more impactful than removing something like a Confederate monument, because this will actually change the text of a living document. Two years ago we lost by a slim margin and it was because of the language on the ballot and the placing on the ballot. This time around, I don’t see that happening.” [10]

Official arguments, 2018

The Colorado State Ballot Information Booklet for 2018, also known as the Blue Book, included the following argument in support of Amendment A:[7]

“ This measure eliminates slavery and involuntary servitude in all circumstances.[4] ”

Official arguments, 2016

The Colorado Blue Book of 2016 listed the following argument in support of Amendment T, a measure that was almost identical to Amendment A of 2018:[11]

“ The section of the Colorado Constitution that allows slavery and involuntary servitude as punishment for a crime should be updated because it represents a time in the United States when not all people were seen as human beings or treated with dignity. Removing the language reflects fundamental values of freedom and equality, and makes an important symbolic statement. There are 25 other states that do not have any language related to slavery and involuntary servitude in their constitutions, and both prison work and community service programs are able to operate within those states.[4] ”

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing the ballot initiative. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Official arguments, 2018

The Colorado State Ballot Information Booklet for 2018, also known as the Blue Book, included the following argument in opposition to Amendment A:[12]

“ The measure can be viewed as making a change to the Colorado constitution that is redundant.[4] ”

Official arguments, 2016

The Colorado Blue Book of 2016 listed the following argument in opposition to Amendment T of 2016:[13]

“ Amendment T may result in legal uncertainty around current offender work practices in the state. Prison work requirements provide structure and purpose for offenders, while enabling skill building and helping to reduce recidivism. Community service programs allow offenders to engage with the community and make amends for their crimes.[4] ”


Media editorials

See also: 2018 ballot measure media endorsements

Support

  • The Gazette wrote: "Can anyone believe we condone slavery in 2018? At least two-thirds of the Legislature finally decided we should remove from the Colorado Constitution a provision that allows slavery as punishment for convicted criminals. We imprison criminals, give them work and try to reform them. We should never treat them as slaves. Vote yes to clean this up."[14]
  • The Aurora Sentinel endorsed a yes vote on the measure.[15]
  • The Aspen Times wrote: "This is merely a symbolic move since slavery and involuntary servitude are illegal, but it's time we remove this kind of language from our state Constitution, gesture or not."[16]

Opposition

Ballotpedia had not identified any editorials opposing Amendment A. If you are aware of one, please send an email to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Colorado ballot measures
Total campaign contributions:
Support: $60,006.07
Opposition: $0.00

Three committees were registered to support Amendment A: Abolish Slavery Colorado, State Ballot Issue Committee, and Win the Fourth Colorado Issue Committee. Together, the support committees had raised $60,006 and had spent $55,271.

No committees registered in opposition to Amendment A.

Support

Committees in support of Amendment A
Supporting committeesCash contributionsIn-kind servicesCash expenditures
Abolish Slavery Colorado$59,400.05$606.02$54,664.67
Win the Fourth Colorado Issue Committee$2,632.00$0.00$2,538.82
State Ballot Issue Committee$0.00$0.00$0.00
Total$62,032.05$606.02$57,203.49
Totals in support
Total raised:$62,638.07
Total spent:$57,809.51

Donors

According to the most current reports available, the top donors in support of Amendment A were as follows:[17]

Donor Cash In-kind Total
Cynthia Beard $25,000.00 $206.35 $25,206.35
Together Colorado Action $10,000.00 $0.00 $10,000.00
Denver Area Educational Telecommunications Consortium $9,640.00 $0.00 $9,640.00
ACLU of Colorado $5,000.00 $0.00 $5,000.00
SEIU Local 105 $2,000.00 $0.00 $2,000.00

Opposition

There were no committees registered in opposition to Amendment A.

Methodology

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

Background

Colorado Amendment T, 2016

See also: Colorado Removal of Exception to Slavery Prohibition for Criminals, Amendment T (2016)

In 2016, an identical amendment, Amendment T, appeared on the 2016 general election ballot in Colorado. While the amendment passed unanimously in both chambers of the Colorado Legislature, it was rejected by voters at the ballot box: 49.68 percent voted yes on the amendment and 50.32 percent voted no on the amendment, leaving the constitution unchanged and allowing forced, unpaid labor by convicted criminals.

Election results

Colorado Amendment T, 2016
ResultVotesPercentage
Defeatedd No1,296,72250.32%
Yes 1,280,037 49.68%
Election results from Colorado Secretary of State

A total of 2,859,216 ballots were cast in the 2016 general election in Colorado, while only 2,576,759 votes were cast on Amendment T, which means that 282,457 voters cast a ballot, but did not vote on Amendment T.[18]

Ballot question

The question on the ballot in 2016 read:[19]

“ Shall there be an amendment to the Colorado constitution concerning the removal of the exception to the prohibition of slavery and involuntary servitude when used as punishment for persons duly convicted of a crime?[4] ”

Arguments regarding Amendment T

Will Dickerson, a proponent of Amendment T, said he believed that those who voted "no" on the measure were likely confused by the language of the question as it appeared on the ballot. Constitutional law scholar Richard B. Collins said that when voters are confused by a question on the ballot, they are likely to vote "no." Dickerson also said, "So, really, this conversation is about the statement to the world around how Colorado views slavery. It’s asking the question, ‘Is slavery ever OK?’”[20]

Jumoke Emery, a proponent of Amendment T said, "It sits in my belly as disgusting that we live in a state, in a nation, that would ascribe to slavery under any circumstances. No one is a slave, regardless of mistakes that you have made or crimes you have been convicted of. In this country, in the land of the free, no one is a slave, ever, for any reason.”[21]

The Colorado 2016 ballot information booklet listed arguments for and against Amendment T.[22]

Amendment 13 of the U.S. Constitution

See also: Amendment XIII, United States Constitution

The 13th Amendment was passed by Congress on January 31, 1865, and ratified on December 6, 1865.[23] It formally abolished slavery but left in place an exception, known as the punishment clause, which allows slavery or involuntary servitude if for the punishment of a crime. Section 1 of Amendment 13 states "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."

Referred amendments on the ballot

From 1996 through 2016, the state legislature referred 29 constitutional amendments to the ballot. Voters approved 15 and rejected 14 of the referred amendments. All of the amendments were referred to the ballot for elections during even-numbered election years. The average number of amendments appearing on even-year ballots was between 2 and 3. The approval rate of referred amendments at the ballot box was 51.72 percent during the 20-year period from 1996 through 2016. The rejection rate was 48.28% percent.

Legislatively-referred constitutional amendments, 1996-2016
Total number Approved Percent approved Defeated Percent defeated Annual average Annual median Annual minimum Annual maximum
29 15 51.72% 14 48.28% 2.64 3 0 4

Path to the ballot

See also: Amending the Colorado Constitution

To put a legislatively referred constitutional amendment before voters, a 55 percent supermajority vote supermajority vote is required in both the Colorado State Senate and the Colorado House of Representatives.

The amendment was introduced in the state House as House Concurrent Resolution 18-1002 on April 9, 2018, and passed on April 30, 2018, with a vote of 60 to zero, with 5 excused. It was introduced in the Senate on May 2, 2018, and passed unanimously on May 8, 2018. The prime sponsors were Rep. Jovan Melton, Rep. Joseph Salazar, Sen. Angela Williams, and Sen. Larry Crowder. [6]

Vote in the Colorado State Senate
May 7, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 24  Approveda
YesNoNot voting
Total3500
Total percent100.00%0.00%0.00%
Democrat1600
Republican1800
Independent100
Vote in the Colorado House of Representatives
May 1, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 44  Approveda
YesNoNot voting
Total6005
Total percent92.30%0.00%7.69%
Democrat3402
Republican2903

How to cast a vote

See also: Voting in Colorado

Poll times

In Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.[24][25]

Registration requirements

Check your voter registration status here.

In Colorado, an individual can register to vote if he or she is at least 16 years old and will be 18 by Election Day. A voter must be a citizen of the United States who has lived in Colorado at least 22 days prior to Election Day.[26]

Colorado voters can register to vote through Election Day. However, in order to automatically receive a mail-in ballot, a voter must register at least eight days prior to Election Day. A voter can register online or submit a form in person or by fax, email, or mail.[26][27]

Automatic registration

Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles.

Online registration

See also: Online voter registration

Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Colorado allows same-day voter registration for individuals who vote in person.

Residency requirements

Colorado law requires 22 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Colorado does not require proof of citizenship for voter registration.

Verifying your registration

The site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Colorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with his or her mail-in ballot. Click here for more information.

The following list of accepted forms of identification was current as of April 2023. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.

“ The following documents are acceptable forms of identification:
  • A valid Colorado driver’s license or valid identification card issued by the Colorado Department of Revenue. (Note: documents issued to not lawfully present and temporarily lawfully present individuals under Part 5 of Article 2 of Title 42, C.R.S. are not acceptable forms of identification.)
  • A valid U.S. passport.
  • A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the U.S. government or of Colorado, or by any county, municipality, board, authority, or other political subdivision of Colorado.
  • A valid pilot’s license issued by the federal aviation administration or other authorized agency of the U.S.
  • A valid U.S. military identification card with a photograph of the eligible elector.
  • A copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.
  • A Certificate of Degree of Indian or Alaskan Native Blood.
  • A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services.
  • A certified copy of a U.S. birth certificate for the elector.
  • Certified documentation of naturalization.
  • A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in *Colorado, as defined in section 23-3.1-102(5), C.R.S..
  • A valid veteran identification card issued by the U.S. department of veterans affairs veterans health administration with a photograph of the eligible elector.
  • A valid identification card issued by a federally recognized tribal government certifying tribal membership.

Any form of identification listed above that shows your address must show a Colorado address to qualify as an acceptable form of identification.

The following documents are also considered acceptable forms of identification for voting:

  • Verification that a voter is a resident of a group residential facility, as defined in section 1-1-104(18.5), C.R.S.
  • Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5, C.R.S.
  • Written correspondence from the county sheriff or his or her designee to the county clerk indicating that a voter is confined in a county jail or detention facility.[28][4]
 ”

See also

External links

Support

Opposition

If you know of links that should be posted here, please email them to editor@ballotpedia.org.

Footnotes

  1. ↑ Same-day registration was available for those voting in person at Voter Service and Polling Centers,
  2. ↑ Same-day registration was available for those voting in person at Voter Service and Polling Centers,
  3. ↑ Lexis Nexis, "Colorado Constitution," accessed July 20, 2016
  4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 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 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 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 Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. ↑ 5.0 5.1 5.2 Colorado Legislature, "HCR18-1002 Full text," accessed May 2, 2018
  6. ↑ 6.0 6.1 6.2 Colorado State Legislature, "HCR18-1002," accessed May 2, 2018
  7. ↑ 7.0 7.1 Colorado Legislature, "Colorado 2018 Blue Book," accessed October 3, 2018
  8. ↑ Abolish Slavery Colorado, "Home," accessed August 28, 2018
  9. ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 Abolish Slavery Colorado, "Endorsers," accessed October 3, 2018
  10. ↑ Fox News, "Colorado ballot measure would remove 'slavery' from state constitution," accessed July 31, 2018
  11. ↑ Colorado General Assembly, "2016 Ballot Information Booklet," accessed May 16, 2018
  12. ↑ Colorado Legislature, "Colorado 2018 Blue Book," accessed October 3, 2018
  13. ↑ Colorado General Assembly, "2016 Ballot Information Booklet," accessed May 16, 2018
  14. ↑ The Gazette, "Gazette's Endorsements Election 2018: Ballot Issues," accessed October 15, 2018
  15. ↑ Sentinel Colorado, "Sentinel endorsement roundup for 2018: Crow, Polis, roads, schools and more," accessed October 24, 2018
  16. ↑ Aspen Times, "Aspen Times Editorial: Breaking down the state ballot questions," accessed October 31, 2018
  17. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named supportfin
  18. ↑ Colorado Election Results, "Offical Certified Results November 8, 2016 General Election," accessed May 16, 2018
  19. ↑ Colorado General Assembly, "SCR16-006," accessed May 6, 2016
  20. ↑ https://www.washingtonpost.com/news/post-nation/wp/2016/11/17/slavery-is-technically-still-legal-in-colorado-heres-why/?utm_term=.dcc673abdb7c Washington Post, "Colorado asked its voters to end slavery as punishment. It lost." accessed May 16, 2018]
  21. ↑ Denverite, "Amendment T: What you need to know about removing slavery from Colorado’s constitution," accessed May 16, 2018
  22. ↑ Colorado General Assembly, "2016 Ballot Information Booklet," accessed May 16, 2018
  23. ↑ Library of Congress, "Primary Documents in American History: 13th Amendment to the U.S. Constitution," accessed May 16, 2018
  24. ↑ Colorado Secretary of State, "Mail-in Ballots FAQs," accessed April 11, 2023
  25. ↑ Colorado Revised Statutes, "1-7-101," accessed April 11, 2023
  26. ↑ 26.0 26.1 Colorado Secretary of State, "Voter Registration FAQs," accessed April 11, 2023
  27. ↑ Colorado Secretary of State, "Go Vote Colorado," accessed April 11, 2023
  28. ↑ Colorado Secretary of State, "Acceptable Forms of Identification," accessed April 11, 2023
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