Why is constant data declared in the .code section?

[jj2007]

Try

Code Select Expand

or eax, -1
and eax, 1

A bit longer but less "maybe" ;-)
Or, for positive values only please:

Code Select Expand

cdq
div eax
3 bytes only, and you get a free GPF in case eax was negative.

[qWord]

Code Select Expand

push 0
pop eax
(3 bytes)