Vermont Proposal 2, Prohibit Slavery and Indentured Servitude Amendment (2022)

From Ballotpedia
Jump to: navigation, search
Vermont Proposal 2
Flag of Vermont.png
Election date
November 8, 2022
Topic
Constitutional rights
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

Vermont Proposal 2, the Prohibit Slavery and Indentured Servitude Amendment, was on the ballot in Vermont as a legislatively referred constitutional amendment on November 8, 2022. The ballot measure was approved.

A "yes" vote supported amending the state constitution to repeal language stating that persons could be held as servants, slaves, or apprentices with the person's consent or "for the payments of debts, damages, fines, costs, or the like" and add "slavery and indentured servitude in any form are 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

Vermont Proposal 2

Result Votes Percentage

Approved Yes

238,466 88.71%
No 30,335 11.29%
Results are officially certified.
Source


Overview

What did Proposal 2 change in the state constitution?

See also: Text of measure

Proposal 2 added language to the Vermont Constitution that says, "slavery and indentured servitude in any form are prohibited." The ballot measure repealed language stating that persons could be held as servants, slaves, or apprentices with the person's consent or "for the payments of debts, damages, fines, costs, or the like." At the time of the election, Vermont was the only state that has a constitutional provision permitting involuntary servitude to pay a debt, damage, fine, or cost.[1]

Have other states voted on a similar amendment?

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, Oregon, and Tennessee decided on similar constitutional amendments to repeal language that allowed the use of slavery and involuntary servitude as criminal punishments.

Who supported and opposed Proposal 2?

See also: Support and Opposition

The amendment received support from Abolish Slavery National Network, Vermont Human Rights Commission, Vermont Interfaith Action, and Vermont Racial Justice Alliance. House Speaker Mitzi Johnson (D) said, "As we work to ensure that all Vermonters are treated equally and fairly, it is crucial that we amend the archaic language of the Constitution to emphasize that slavery and indentured servitude in any form and for persons of any age are prohibited. People of all races and genders who live, work, and visit Vermont should feel welcomed and safe."[2]

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:[1]

To see if the voters will amend the Vermont Constitution by amending Article 1 of Chapter 1 to read:


Article 1. All persons born free; their natural rights; slavery and indentured servitude prohibited

That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no person born in this country, or brought from oversea, 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 slavery and indentured servitude in any form are prohibited.[3]

Constitutional changes

See also: Chapter I, Vermont Constitution

The ballot measure amended Article 1 of Chapter I of the Vermont Constitution. The following underlined text was added and struck-through text was deleted:[1]

Article 1. All persons born free; their natural rights; slavery and indentured servitude prohibited

That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no person born in this country, or brought from oversea, 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 slavery and indentured servitude in any form are prohibited.[3]

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 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 14, and the FRE is 40. The word count for the ballot title is 141.


Support

Abolish Slavery Vermont led the campaign in support of Proposal 2.[4]

Supporters

Officials

Organizations

  • Abolish Slavery National Network
  • Human Rights Campaign PAC
  • Vermont Human Rights Commission
  • Vermont Interfaith Action
  • Vermont Racial Justice Alliance

Arguments

  • House Speaker Mitzi Johnson (D): "As we work to ensure that all Vermonters are treated equally and fairly, it is crucial that we amend the archaic language of the Constitution to emphasize that slavery and indentured servitude in any form and for persons of any age are prohibited. People of all races and genders who live, work, and visit Vermont should feel welcomed and safe."
  • State Rep. Hal Colston (D): "It will bring clarity to Article 1 that has some ambiguity around the language surrounding slavery and indentured servitude."
  • Governor Phil Scott (R): "Vermont is proud to have been the first state in the Union to outlaw slavery in its constitution, but this proposal to clarify the antiquated language is meaningful as well. We have come a long way since those words were originally written, but we know there is much more work to do."


Opposition

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

Campaign finance

See also: Campaign finance requirements for Vermont ballot measures

Ballotpedia did not identify any committees registered to support or oppose the amendment. If you are aware of any committees, please send an email with a link to editor@ballotpedia.org. [5]

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, voters in five states — Alabama, Louisiana, Oregon, Tennessee, and Vermont—decided on ballot measures to repeal language from their state constitutions that allowed 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 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:

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 2023, 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 Vermont Constitution

In Vermont, a constitutional amendment requires a vote in each chamber of the Vermont General Assembly in two successive legislative sessions with an election in between. However, there are different vote requirements depending on the session and chamber. During the first legislative session, the constitutional amendment needs to receive a two-thirds vote in the state Senate and a simple majority (50%+1) vote in the state House. During the second legislative session, the constitutional amendment needs to receive a simple majority vote in each legislative chamber.

2019-2020 legislature

State Sens. Debbie Ingram (D-Chittenden), Timothy Ashe (D-Chittenden), and Jane Kitchel (D-Caledonia) were the lead sponsors of the constitutional amendment, known as Proposal 2, in the Vermont General Assembly in 2020.[1]

On April 24, 2019, the state Senate approved Proposal 2. The vote was 28-1. At least 21 votes were needed to pass the constitutional amendment. On January 21, 2020, the state House approved Proposal 2. The vote was 145-0. At least 73 votes were needed.[1]

Vote in the Vermont State Senate
April 24, 2019
Requirement: Two-thirds (66.67 percent) vote of all members of the state Senate and concurrence by a simple majority vote of all members of the state House
Number of yes votes required: 21  Approveda
YesNoNot voting
Total2811
Total percent96.55%3.45%N/A
Democrat2110
Republican501
Progressive200

Vote in the Vermont House of Representatives
January 21, 2020
Requirement: Two-thirds (66.67 percent) vote of all members of the state Senate and concurrence by a simple majority vote of all members of the state House
Number of yes votes required: 73  Approveda
YesNoNot voting
Total14505
Total percent100.00%0.00%N/A
Democrat9302
Republican4003
Progressive700
Independent500

2021-2022 legislature

Proposal 2 was introduced into the 2021-2022 legislative session on March 31, 2021. On April 9, 2021, it was approved by the state Senate by a vote of 29-1. On February 4, 2022, it was approved by the state House by a vote of 139-3.[6]

Vote in the Vermont State Senate
April 9, 2021
Requirement: Two-thirds (66.67 percent) vote of all members of the state Senate and concurrence by a simple majority vote of all members of the state House
Number of yes votes required: 15  Approveda
YesNoNot voting
Total2910
Total percent96.67%3.33%N/A
Democrat2010
Republican700
Progressive200

Vote in the Vermont House of Representatives
February 4, 2022
Requirement: Two-thirds (66.67 percent) vote of all members of the state Senate and concurrence by a simple majority vote of all members of the state House
Number of yes votes required: 71  Approveda
YesNoNot voting
Total13938
Total percent92.67%2.00%N/A
Democrat8903
Republican3835
Progressive700
Independent500

How to cast a vote

See also: Voting in Vermont

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

See also

External links

Footnotes