When the 13th Amendment was ratified in 1865, it abolished slavery or, involuntary servitude, in the United States, with one exception: when used as punishment for a crime.  

On Nov. 8, voters in four states — Tennessee, Alabama, Oregon and Vermont — cast their ballots to eliminate language that allowed involuntary servitude in prisons.  

These states join only three others in taking that step to completely abolishing involuntary servitude. Colorado was the first to approve removal of the language from the state constitution in 2018, followed by Nebraska and Utah in 2020. 

The midterm votes followed legislation co-sponsored by Rep. Nikema Williams (D-Ga.) and Sen. Jeff Merkley (D-Ore.) called the Abolition Amendment. This legislation would amend the 13th Amendment to eliminate “the slavery clause.” 

“This horrific loophole in our Constitution is a moral abomination that launched the mass incarceration we see continuing to this day,” Merkley said in a statement to The Hill.  

He added that voters in November “came together across party lines to say this stain must be removed from state constitutions.” 

“Now, it is time for […]