By Ty Joplin
The U.S. voted for more than just Republican or Democratic candidates in the midterm that took place on Nov 6. States also voted on individual legal issues that were brought to a direct vote via propositions and amendments to state constitutions.
Coloradans voted to abolish a provision in their state constitution that allowed for prisoners to be slaves, an artefact also found in many other state constitutions and in the 13th Amendment to the U.S. Constitution itself. Floridians also rebuked a law that disenfranchised convicted felons, a law that disproportionately barred African Americans from voting. Now, the right to vote has been extended to 1.5 million people in Florida.
Taken together, both votes signal a small but significant shift in how the U.S. treats its current and former prisoners. Being convicted of a felony in the U.S. typically means being excluded from U.S.’ democratic process, temporarily or permanently, and being subject to labor exploitation. Nationwide attitudes are swinging towards an inclusive approach to those caught up in the U.S. legal system.
Colorado’s Constitution previously outlawed slavery, “except as a punishment for crime, whereof the party shall have been duly convicted." But now, that exception is gone, meaning slavery has been officially abolished with 65% of the vote.
A 2016 attempt to remove the exemption clause failed, with advocates pointing toward confused and long wording on the ballot dissuading voters from selecting an option. But now, with clearer wording, the Amendment passed with a significant majority.
Though the vote is seen as symbolic because Colorado does not use prisoners as slaves, labor exploitation of prisoners has become a growing issue. Prison laborers in California are paid as little as $1 or $2 an hour, and are exempted from the U.S.’ minimum wage law.
In Florida, voters decided to re-enfranchise 1.5 million ex-felons, which could shift the state’s electorate considerably from swing state to one that reliably votes Democrat. Florida’s Gubernatorial race between Republican Ron DeSantis and Democrat Andrew Gillum was decided a razor thin margin of about 100,00 votes. If felons were allowed to vote, the state would have likely picked Gillum to be its next governor.
Both Colorado’s and Florida’s votes change the state’s relationship to their current and former prisoners. Historically, U.S. prisoners are excluded from the U.S.’ voting process, and many are still temporarily or permanently barred from voting. While inside prison as well, they are subject to labor exploitation as they aren’t protected by most U.S. labor standards.
The Midterm Election results signalled those precedents are changing in favor of a more inclusive system that restores voting rights to ex-felons and extended labor protections to them even while in prison.
