California Voters Reject Ban on Forced Prison Labor in Any Form

Incarcerated people are often paid less than $1 an hour to fight fires, clean cells and do landscaping work at cemeteries.
The exception stays, and with it, work paid at less than $1 an hour.
California voters kept the constitutional exception allowing forced labor as punishment for crime.
Mark

So what exactly did Californians vote on here?

Mimi

Whether to amend the state Constitution to ban forced labor in any form. Right now it bans it except as punishment for a crime, and voters kept that exception.

Mark

Why did that exception draw so much attention?

Mimi

Because of what it covers in practice. Incarcerated people are often paid less than a dollar an hour to fight fires, clean cells and do cemetery landscaping.

Mark

And this was tied to reparations?

Mimi

It was included in a package lawmakers introduced to atone for a history of racism and discrimination against Black Californians.

Luke

Careful there. The report says it was part of that package. It doesn't say why voters rejected it, so we shouldn't read the result as a verdict on reparations.

Mark

Fair. Do we know the margin?

Luke

Not from this account. There's no vote count or percentage, and no exit polling about motives. Anything about why it failed would be guesswork.

Mimi

What it does say is that other states, Alabama, Oregon, Tennessee and Vermont, have removed similar exceptions in recent years.

Luke

Right, and that comparison is solid. But it doesn't tell us whether California's wording or context differed from theirs.

Mark

So what's left to watch?

Mimi

Whether advocates try again, and how scrutiny of prison labor pay continues now that the exception stands.

  • California voters turned down Proposition 6, leaving intact a constitutional exception that permits forced labor as punishment for crime.
  • Advocates point to incarcerated workers paid under $1 an hour to fight fires, clean cells and tend cemetery grounds, and they see the vote as a setback.
  • The measure was part of a reparations package aimed at redressing racism against Black Californians, so its defeat touches a wider and more contested debate.
  • Alabama, Oregon, Tennessee and Vermont have already removed similar exceptions, putting California's outcome in sharp contrast with its peers.
  • With the constitutional language unchanged, the fight over prison labor pay and conditions returns to the table, and whether reformers try again remains unsettled.

On a November day in Sacramento, California's voters declined to rewrite a single clause of their state constitution, the one that has long allowed forced labor as punishment for crime. Proposition 6 would have ended that exception and banned forced labor in every form, but the people chose to leave the old language standing. The question it raised reaches back into how a society decides what it owes to those it confines, and how much of that obligation it is willing to write into its founding document. The vote closes one chapter, while leaving open the older question of what fairness looks like behind prison walls.

California voters have rejected Proposition 6, a constitutional amendment that would have banned forced labor in any form. The state constitution bans forced labor with one long-standing exception: when it is imposed as punishment for a crime. That exception was the target of the measure, and it remains in place after the vote.

Reformers had argued that the exception hides real hardship. People incarcerated in California are often paid less than $1 an hour for work such as firefighting, cell cleaning and landscaping at cemeteries. For them, the question was never abstract. It concerned daily labor, low wages and the limits of what the state owes the people it holds.

The measure also belonged to a broader package of reparations proposals meant to address a history of racism and discrimination against Black Californians. It was the one piece of that package to reach voters in this form. Voters said no, and the reporting does not show how the vote broke down or why people opposed it.

Other states, including Alabama, Oregon, Tennessee and Vermont, have removed similar exceptions from their constitutions. California's decision now sets it apart from them. Whether reformers return with another measure or some other approach has not been decided, and the pay and conditions of incarcerated workers remain under close watch.

California voters have turned down a ballot measure that would have rewritten a clause in the state Constitution governing forced labor. The Associated Press reported the result from Sacramento. The measure, identified in the editorial notes as Proposition 6, would have banned forced labor in any form. The constitution as it stands bans it, with one exception: when it is imposed as punishment for a crime.

That exception is the part advocates had set their sights on. Criminal justice reformers have raised concerns about the conditions of prison labor, and they pointed to the pay in particular. People who are incarcerated in California are often paid less than $1 an hour. The work includes fighting fires, cleaning cells and doing landscaping at cemeteries.

The proposal did not come out of nowhere. It was part of a package of reparations proposals introduced by state lawmakers. That package was meant as an effort to atone for, and offer redress for, a history of racism and discrimination against Black Californians. The labor measure was the one piece of that package to reach voters in this form, and it was put to them as a constitutional amendment.

Voters said no. The existing language stays in place, and with it the exception that permits forced labor as punishment for crime. The reporting does not break down the vote, and it does not say what share of voters opposed the measure or why.

California is not the first state to face this question. In recent years several others, among them Alabama, Oregon, Tennessee and Vermont, have approved constitutional amendments that removed exceptions for slavery and involuntary servitude. California's result now stands apart from those outcomes.

For advocates, the debate over prison labor pay and conditions remains where it was before the election, with the constitutional exception intact. Whether lawmakers or reformers try again, through another ballot measure or other means, is not addressed in the reporting. What can be watched is how the result is read next to the states that did change their constitutions, and whether the pay and working conditions for incarcerated Californians draw further scrutiny.

The measure was part of a reparations package meant to atone for a history of racism and discrimination against Black Californians.
— The Associated Press (paraphrased)
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