The debate over criminal justice reform has been gaining steam across the country over the past decade. Against this backdrop, several states are voting on important ballot initiatives in November to either loosen or further restrict laws regarding sentencing, to curtail the war on drugs, and even to reshape the structure and composition of their own judicial systems.
Two of the most important measures for reducing mass incarceration come in Florida and Louisiana, two states with high incarceration rates that disproportionately affect African Americans. Louisiana is one of just two states (along with Oregon) that still allows non-unanimous juries to convict people accused of felonies, but Amendment 2 would end that practice and require jury unanimity. Florida’s Amendment 11 contains three unrelated provisions, but the most pertinent one would enable retroactive re-sentencing when criminal statutes are revised to lessen penalties, such as those making drug-related punishments less draconian.
Relatedly, Ohio's Issue 1 would make all crimes related to simply using or possessing illegal drugs no more than misdemeanors, and it would bar courts from sending people on felony parole back to prison for non-criminal probation violations. Furthermore, it would incentivize inmates to partake in rehabilitative, work, or educational programs by rewarding them with the possibility of a reduced sentence, and all the savings from the measure would go toward drug-abuse treatment, rehab programs, and crime victims.
In Colorado, voters could amend their constitution to close a loophole created by the 13th Amendment to the U.S. Constitution. While this amendment banned slavery, it still permits it when it’s a punishment for a criminal conviction, and Colorado’s constitution contains a similar provision. That exception has resulted in countless prisoners being forced to work for minimal pay, and eliminating this loophole could aid lawsuits challenging such practices in the Centennial State.
Four states are also deciding whether to loosen restrictions on marijuana usage, with Michigan and North Dakota voting on whether to fully legalize the drug, including for recreational usage. Polling has consistently shown Michigan's Proposal 1 passing, but it's unclear if North Dakota’s far more conservative electorate is on board with full legalization yet. Meanwhile, Missouri and Utah will vote on legalizing medical marijuana. Missouri voters have to choose between three competing measures: The two that are constitutional amendments would take precedence over the one that’s only a statute, but if both amendments pass, the one with more votes wins out.
In Washington and Nashville, Tennessee, voters are weighing in on measures that govern police conduct. Washington’s Initiative 940 puts standards in place for when the use of deadly force is justified or not, and it requires law enforcement officers to undergo training to promote de-escalation in potential confrontations as a way to avoid unnecessary or unlawful police killings of civilians. Similarly, Nashville could create an independent oversight board after separate recent incidents where police fatally shot Jocques Clemmons and Daniel Hambrick, two black men who were running away when shot, both of which sparked public outrage.
On the other end of the spectrum, Florida, Georgia, Kentucky, North Carolina, Nevada, and Oklahoma are voting on largely Republican-backed ballot measures to implement versions of what’s come to be known as "Marsy's Law," and supporters of these measures argue they're needed to strengthen crime victims’ rights. While some of the provisions, like a victim’s right to testify and be notified of major legal developments, may seem like common sense, other provisions could undermine due process by extending pretrial detention, putting domestic violence victims at greater risk of prosecution, limiting the ability of defense attorneys provide effective counsel, giving corporations the power to undermine citizens' civil rights, and more.
Finally, a few states are voting on measures to alter the structure of their judiciaries and who may serve on them. Most important among these is in North Carolina, where a dangerous GOP-backed amendment uses Orwellian language to deceptively argue it would establish a merit-based judicial nominating commission. In actuality, this amendment simply lets the gerrymandered legislature usurp the Democratic governor's power to fill vacancies that arise in between elections, paving the way for Republicans to pack the state Supreme Court by adding two seats to try to flip the Democratic-majority court to the GOP in December's lame-duck session of the legislature.
You can find a table summarizing these measures below, and you can view our full list of measures to watch on a variety of topics in this spreadsheet. The spreadsheet details whether each measure was placed on the ballot by elected representatives or whether it was directly initiated by voters, as well as whether it's a statute or amends a state constitution or local government charter. To read our first post in this series on ballot measures affecting voting rights, please click here.
Jurisdiction |
Name |
Proposal |
Colorado |
Amendment A |
Repeals the exception to the ban on slavery that allows it as punishment for crime |
Florida |
Amendment 11 |
Allows retroactive re-sentencing when criminal statutes are revised, repeals the ban on aliens from owning property, and repeals outdated high-speed transportation language |
Florida |
Amendment 6 |
Raises the mandatory judicial retirement age from 70 to 75, bans judicial deference to administrative agencies on statutory interpretation, and enacts "Marsy's Law" |
Georgia |
Amendment 4 |
Enacts Marsy's Law |
Kentucky |
Marsy's Law Amendment |
Enacts Marsy's Law |
Louisiana |
Amendment 2 |
Requires unanimous juries for felony convictions instead of 10 votes out of 12 |
Michigan |
Proposal 1 |
Legalizes recreational marijuana |
Missouri |
Amendment 2, Amendment 3 & Proposition C |
Legalizes medical marijuana |
Nevada |
Question 1 |
Enacts Marsy's Law |
North Carolina |
Judicial Selection for Midterm Vacancies |
Transfers the power to fill judicial vacancies from the governor to the legislature under the deceptive language of "nonpartisan merit" selection |
North Carolina |
Marsy's Law Amendment |
Enacts Marsy's Law |
North Dakota |
Measure 3 |
Legalizes recreational marijuana |
Ohio |
Issue 1 |
Makes drug possession and use offenses no more than misdemeanors includes other criminal justice reforms |
Oklahoma |
State Question 794 |
Enacts Marsy's Law |
Utah |
Proposition 2 |
Legalizes medical marijuana |
Washington |
Initiative 940 |
Creates a "good faith" test for when the use of deadly force is justified and requires law enforcement to receive de-escalation training, undergo mental health training, and provide first aid |
West Virginia |
Amendment 2 |
Grants the legislature the power to reduce the judiciary's budget by up to 15 percent a year |
Nashville, TN |
Amendment 1 |
Creates an independent police oversight board |