State lawmakers this year referred a ballot question to voters that would eliminate archaic language in the state constitution that allows for slavery in some cases.
The question reads: “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?”
The Legislature unanimously referred the question to voters. It is Amendment T on the ballot.
While the 140-year-old language was never used, it carries symbolism, which proponents – many who are African American – say is not a Colorado value.
A “Yes” vote for the measure would strike the language, which allows for slavery as punishment for crimes.
A “No” vote would keep the language in the constitution.
No group has been established to oppose the measure.
Proponents say the language represents a time in the nation’s history when not all people were seen as humans treated fairly under the law.
“Removing the language reflects fundamental values of freedom and equality, and makes an important symbolic statement,” proponents say.
One proponent joked, “Maybe the KKK,” in response to a question about any organized opposition.
Some concerns have been raised that the ballot question would create legal uncertainties surrounding offender work programs. It also could impact community service programs.
If the effort prohibited community service sentences, more fines might be imposed in place of community service.
But proponents say that result is unlikely, with 25 other states that do not have any language related to slavery and involuntary servitude in their constitutions. Prison work and community service programs operate in those states.
