In an astonishing decision on Election Day, California voters have rejected Proposition 6, a ballot measure that aims to ban forced labor in state prisons and jails. On November 11, Monday, nearly three-quarters of votes tallied and the proposition trailed with only 46.2% support. This prompted the Associated Press to officially call the race on Sunday night.
The measure’s defeat marks yet another instance of Californians expressing a tougher stance on criminal justice issues. According to political analysts, this shift reflects the mounting frustrations that many feel about public safety, even as official crime rates decline.
Understanding Proposition 6
Proposition 6 intended to remove a provision in the California Constitution that permits “involuntary servitude” as punishment for criminal offenses. Approval of Proposition 6 would have barred corrections officials from penalizing inmates who would decline work assignments in prison, such as cooking or cleaning. Proposition 6 could have potentially influenced compensation standards for prison labor.
Criminal justice advocates, inspired by similar measures passed in other states like Alabama, Colorado, and Oregon, had long worked to place Proposition 6 on the ballot. However, with little organized opposition, its defeat came as a surprise. The measure also faced an uphill battle due to California voters supporting other conservative-leaning criminal justice reforms in this election cycle. Approval of Proposition 36 rolled back certain sentencing reforms and ousted progressive district attorneys Pamela Price in Alameda County and George Gascón in Los Angeles County.
Frustration Over Crime Is a Probable Cause for This Outcome
Political observers point to shifting public sentiments as a possible factor behind the proposition’s defeat. Larry Gerston, professor emeritus of political science at San Jose State University, noted that although data indicates crime has decreased, California voters seem driven by a growing “reservoir of anger” over perceived threats to public safety.
Gerston said, “The data itself does not suggest this kind of reaction.” He argued that the pandemic may have exacerbated frustrations, leading some voters to prioritize security concerns over potential justice reforms.
Obstacles in Promoting Proposition 6
While analyzing Proposition 6’s failure, some advocates hinted at the confusion over its objectives. The state voter guide described the measure in terms of “indentured servitude,” a softer term than “slavery,” which some believe failed to convey the weight of the issue. Gerston explained that this language may have obscured the measure’s goals, leaving voters hesitant to approve something they did not fully understand.
“When voters are confused, they vote no,” Gerston noted, adding that the “yes” campaign may have missed an opportunity to clarify the measure’s potential impact.
Advocates for the measure, including Dorsey Nunn of Legal Services for Prisoners with Children, expressed disappointment over the outcome but resolved to continue efforts to ban forced labor in prisons. Nunn said, “It is clear we have more work to do to educate Californians about involuntary servitude.” He added, “The race for justice is not to the swift, but those who endure.”
Financial Concerns and Broader Implications
Despite having no formal opposition campaign, some conservative groups, such as the state Republican Party and the Howard Jarvis Taxpayers Association, argued that Proposition 6 could have led to costly legal consequences. They expressed concerns that banning involuntary servitude in prisons might eventually require paying inmates minimum wage. According to their estimates, this could lead to billions in annual costs to taxpayers.
However, the state’s Legislative Analyst’s Office disputed these concerns, estimating that any cost increase would likely remain within “tens of millions” annually. The analysis has further suggested that the state could potentially save money if it offered prisoners “time credits” for work by reducing the length of their incarceration.
A National Trend Rejected by California
With this year’s vote, California remains one of 15 states that still permit forced labor in prison. Contrary to this, Nevada voters chose to end involuntary servitude in prisons, joining states that have made similar moves in recent years.
Advocates see the loss as a temporary setback, pledging to redouble their efforts to eliminate forced labor in California prisons. They will continue to strive to align the state with the growing national trend. The disapproval of Proposition 6, combined with the voters’ overall support for stricter criminal justice policies, suggests that Californians remain focused on public safety issues, though the debate around prison labor reform will continue.
