Criminal justice reform proposals frequently appear on ballots, and 2018 is no different.
Voters will decide on criminal justice initiatives and referendums in several states — with results updated when they pass or don’t pass.
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Colorado — Amendment A, passes with nearly 65 percent of the vote
Amendment A would remove a line from the state constitution that allows for slavery and involuntary servitude as a “punishment for crime.” If it passes, the Colorado state government would be unable to force people convicted of a crime into labor or work for no pay.
The measure was reintroduced after it narrowly failed in 2016, which many blamed on confusing language.
State data shows that there are more than 20,000 people behind bars in Colorado, with roughly half holding some sort of job — often for less than a $1 per day.
Florida — Amendment 4 passes; Amendment 11 passes
There are two amendments on the ballot that would drastically change Florida’s criminal justice landscape. Both require the support of 60 percent of votes under the Sunshine State’s constitutional rules.
Amendment 4 would restore former felons’ voting rights after they finish their sentences. Florida is among three states where a resident can’t vote once they’ve completed a sentence. Currently, convicted felons must wait five years after serving their full sentences to re-apply with the state officials to have their voting rights restored.
If it passes, Amendment 4 would not apply to felons convicted of murder or felony sex crimes.
Currently, an estimated 1.5 million Floridians are unable to vote due to the restrictions.
Another measure, Amendment 11, would repeal a statute in the Florida Constitution that prevents the repeal or reform of criminal laws from applying retroactively.
Louisiana — Amendment 2 passes with more than 60 percent of the vote
The Pelican State is one of two states (along with Oregon) that allow nonunanimous jury verdicts in felony trials. Ten out of 12 jurors are needed to convict in Louisiana.
Amendment 2, if adopted, would revise the state’s constitution, written in 1989, to require unanimous jury verdicts for all felony convictions.
The New Orleans Advocate reviewed trials and found that the use of unanimous juries have disproportionately harmed African-Americans in the criminal justice system.
Ohio — Issue 1 fails with 65 percent voting against
Ohio Issue 1 — also known as the Neighborhood Safety, Drug Treatment, and Rehabilitation Amendment — is a reform package that would drastically overhaul the state’s criminal justice system.
It would reduce all drug possession offenses to misdemeanors from a felony offense (for an Ohioan’s first two convictions). It would also stop the state from returning a resident to jail over noncriminal, minor probation violations.
And it would allow current inmates to seek sentence reductions up to 25 percent (currently 8 percent) if they participate in rehabilitation programs.
Supporters argue fewer people behind bars will save taxpayer money.
Oregon
Measure 105 would repeal the state’s “sanctuary” law — a measure sure to please the Trump administration.
The law, from 1987, prohibits state and local law enforcement agencies from both using public resources to arrest illegal immigrants, as well as sharing information with federal law enforcement agencies looking to enforce federal immigration law.
Washington
Initiative 940 would drastically reshape the state’s law enforcement agencies, creating a “good faith test” that would ultimately make it easier to prosecute police found to have acted improperly when using deadly force.
The measure would also require police to receive de-escalation and mental health training, and require law enforcement officers to provide first aid.
Marijuana
Four states are voting to legalize marijuana in some capacity: Michigan, Missouri, North Dakota, and Utah.
Michigan’s ballot initiative would legalize the possession, use, purchase, sale, and home-growing of marijuana for recreational purposes for adults 21 and older. It would also establish rules to regulate and tax sales of the drug.
In North Dakota, the possession, use, purchase, sale, and growth of marijuana for recreational purposes for adults 21 and older would be legalized. However, there would be no framework for how the state would regulate it.
In Utah, medical marijuana would be legalized, including establishment of a regulatory regime for dispensaries.
Missouri’s ballot has several pot-related measures: Amendment 2, Amendment 3, and Proposition 3. Each would legalize medical marijuana, but in different ways. Should all three pass, state law mandates that the measure with the most votes takes priority.
Marijuana is still illegal on the federal level, but nine states have legalized it both recreational and medically, and 21 others have legalized it only for medicinal use.
This story was first updated at 11:20 p.m. EST.
