Ballot Measure 112 would change the state constitution language about slavery and involuntary servitude

(OCTOBER 21, 2022) Tuesday, November 8, is election day. Voters make important choices about government leaders. They also vote on important issues.

This year, one of the proposals (called "ballot measures") is about the Oregon Constitution. This document outlines the set of basic laws for the state. The Oregon Constitution was originally written in 1857. It went into effect when Oregon became a state in 1859.

There have been changes to the Oregon Constitution from time to time. Old language is removed or replaced in order to reflect modern society or to correct mistakes.

This year, Ballot Measure 112 would remove the part about slavery and involuntary servitude (forcing someone to work against their will). The Constitution currently prohibits slavery and involuntary servitude unless it is a punishment for a crime. This new ballot measure would change that.

Troy Ramsey is a volunteer with the Measure 112 campaign (the group of people who want voters to approve of this idea). He told Oregon Public Broadcasting, “Slavery and servitude is still in our Oregon Constitution, which is sad in the day and age that we live in that we have to literally go through these steps in order to still get rid of that old language from the past that’s been haunting us for decades."

According to OPB, Section 34 of the Oregon Constitution currently states: “There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.” It’s the second part of the sentence — beginning with “otherwise” — that would be removed from the constitution if voters pass Measure 112. In other words, the ballot measures says, "there must be no exception to an unqualified and absolute prohibition on slavery and involuntary servitude."

Many people support this change. No one is formally against it. However, some people have a concern. They worry about eliminating the "involuntary servitude" part. They think this is acceptable for people who commit crimes. They think that prisons should be able to continue to make their prisoners work without paying them like a regular employee.

It gets complicated because a 1994 change to the state constitution established work requirements for prisoners. Supporters of the ballot measure say there is no problem. The two ideas can work together.

While the state has always banned slavery in its original state Constitution, Oregon still has a racist history. For a long time, the state banned Black people from living or working in the state. Therefore, the part about involuntary servitude can still be a racist issue in terms of which prisoners are forced to work and which are not.