Nevada voters will have a crucial decision to make this upcoming election, as Question 4 on the 2024 ballot seeks to remove language from the state Constitution that permits slavery or indentured servitude as criminal punishment. This ballot measure, if passed, could have significant implications for civil rights in the state, particularly for the approximately 10,000 incarcerated individuals in Nevada.
The proposed amendment would alter the text of the state Constitution to state, “Neither Slavery nor involuntary servitude shall ever be tolerated in this State,” effectively eliminating the original language that allowed for involuntary servitude as a punishment for crimes. This language, known as the “penal exception,” has been present in many state constitutions and is a loophole in the 13th Amendment, which abolished slavery and involuntary servitude in the United States except as punishment for a crime. Historically, Southern states exploited this exception in the 19th century to enforce punitive Black codes that led to the incarceration of Black individuals for minor offenses like vagrancy, forcing them into labor.
Over the past few years, several states and members of Congress have taken steps to remove penal exception language from their state constitutions, with measures passing in Colorado, Nebraska, Utah, Alabama, Oregon, Tennessee, and Vermont. This movement signifies a broader push towards rectifying historical injustices and promoting equality for all individuals.
While the elimination of the penal exception could be seen as a step towards justice and equality, it is essential to consider the impact on prison labor programs. If Question 4 passes, these programs will continue to exist, with some paying as little as $0.25 per hour. This raises questions about the ethics and fairness of utilizing incarcerated individuals for labor at such low wages, especially in the context of removing language that allowed for such exploitation in the first place.
The journey to place this constitutional amendment on the ballot was a meticulous one, requiring approval from both the Assembly and Senate in two consecutive legislative sessions. The amendment, introduced as AJR10 in the 2021 Legislature, received unanimous support in both chambers during the 2021 and 2023 sessions, securing its place on the 2024 ballot.
Other states have taken similar steps to remove language in their state constitutions that permitted enslavement or servitude as punishments for crimes. Between 2016 and 2022, eight states passed ballot measures to eliminate such language, signifying a broader trend towards rectifying historical injustices and promoting equality.
Supporters of Question 4 argue that the amendment is crucial for advancing civil rights and promoting equality for Black Americans and other people of color within Nevada. Assemblyman Howard Watts, who sponsored the bill in 2021, emphasized the importance of passing the measure to prevent state-sanctioned slavery and to usher in a new era of justice in Nevada. Watts noted the lasting scars of slavery and racism on the state and the country, emphasizing the need to change the language to promote healing and demonstrate a commitment to justice for all.
Despite the unanimous support from legislators and civil rights groups, there have been no arguments presented against passing Question 4 during the legislative sessions. However, a summary of the ballot question prepared by the secretary of state’s office raised concerns about potential unintended consequences within the criminal justice system, particularly regarding prison work requirements, community service, and parole. The passage suggested that the measure could create legal uncertainty surrounding prison labor practices.
One notable aspect of the campaign for Question 4 is the absence of political action committees registered to support or oppose the measure. This lack of formal opposition or support from such groups highlights the unique nature of this ballot measure and the broader implications it may have on the criminal justice system and civil rights in Nevada.
In terms of financial impact, the resolution’s fiscal note indicates that the Legislature has been unable to determine the measure’s financial implications. This uncertainty underscores the complexity of the issue and the need for further examination to understand the potential consequences of passing Question 4.
In conclusion, Question 4 on the 2024 Nevada ballot represents a significant step towards eliminating language in the state Constitution that allowed for slavery or involuntary servitude as criminal punishment. While the amendment has garnered widespread support from legislators and civil rights groups, concerns remain about the impact on prison labor programs and potential unintended consequences within the criminal justice system. As Nevada voters prepare to make their decision on this crucial issue, it is essential to consider the broader implications of passing Question 4 and the implications it may have on advancing civil rights and promoting equality within the state.