Constitutional Amendment #7 Vote No

 

October 27, 2022



In reading Act 246 from the 2022 Legislative Session, there are concerns about Amendment No. 7 on the November 8 ballot. It proposes changes to Article I, Sec. 3 of the Constitution of Louisiana----prohibiting slavery and involuntary servitude. The Amendment proposes to delete “except in the latter case as punishment for a crime” from §3(B)(1). It proposes the enactment of a new subpart, (B)(2), to indicate that the prohibition against slavery and involuntary servitude does not apply to the “otherwise lawful administration of criminal justice.” The phrase “otherwise lawful administration of criminal justice” is broad and arguably, enlarges the use of slavery and involuntary servitude for reasons that extend beyond punishment for a crime. It leaves room for abuse. Also, in civil rights lawsuits, I can foresee where Act 246 can be used as an affirmative defense to defeat legal claims filed by aggrieved citizens whose rights under Section 3 are violated by law enforcement officers. If an offender (a rogue law enforcement officer, for example) is sued for illegal acts that violate Section 3, they can claim, pretextually, that their actions were justified because they involved the “lawful administration of criminal justice”--------whatever the term means. Please Vote and Vote No for Amendment No. 7, Vote Deborah Smith #74 Monroe City Schoolboard on Tuesday November 8.


 

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