Twenty states and the District of Columbia have no death penalty. On Nov. 8, three more states will vote on whether to keep capital punishment alive in their state.
California, Nebraska and Oklahoma all have measures on the ballot this year, according to Ballotpedia.
Death penalty vote in California
California has two questions on the ballot. A vote for Proposition 62 would repeal the death penalty altogether. Proposition 66, if it passes, would keep the death penalty in place, but speed up the appeals process and require death row inmates to work in prison and pay restitution to their victims' families.
Death penalty vote in Oklahoma
Oklahoma voters will decide on State Question 776. An affirmative vote on State Question 766 would add to the state constitution and note that the death penalty is "not cruel or unusual punishment."
Death penalty vote in Nebraska
Nebraska has already banned the death penalty, but this year, Referendum 426 will ask voters if they want to retain the ban, or repeal it to allow the death penalty.
Death penalty laws by state
Capital punishment and the presidential race
Where do the presidential candidates stand?
But she has been on the record on the subject. During a Democratic primary debate co-moderated by MSNBC's Rachel Maddow, Clinton said she favors a federal death penalty, according to an NBC News transcript.
MADDOW: Do you still support capital punishment, even if you do so reluctantly?
CLINTON: Yes, I do. And, you know, what I hope the Supreme Court will do is make it absolutely clear that any state that continues capital punishment either must meet the highest standards of evidentiary proof of effective assistance of counsel or they cannot continue it because that, to me, is the real dividing line.
I have much more confidence in the federal system, and I do reserve it for particularly heinous crimes in the federal system, like terrorism. I have strong feelings about that. I thought it was appropriate after a very thorough trial that Timothy McVeigh received the death penalty for blowing up the Federal Building in Oklahoma City.
"One of the first things I'd do in terms of executive orders, if I win, will be to sign a strong, strong statement that will go out to the country, out to the world, that anybody killing a policeman, a policewoman, a police officer, anybody killing a police officer: Death penalty is going to happen, okay?" he said in December in New Hampshire, according to the Washington Post.