Virginia Right to Work Amendment, Question 1 (2016)
| Virginia Question 1 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Labor and unions | |
| Status | |
| Type Constitutional amendment | Origin State legislature |
| 2016 measures |
|---|
 |
| November 8 |
| Question 1 |
| Question 2 |
| Polls |
| Voter guides |
| Campaign finance |
| Signature costs |
Last updated: November 2016
The Virginia "Right to Work" Amendment, Question 1 was on the November 8, 2016, ballot in Virginia as a legislatively referred constitutional amendment. It was defeated.
| A vote "for" the measure supported adding a section to the constitution that would make it illegal for workplaces to require mandatory labor union membership for employees as a condition for employment. |
| A vote "against" the measure opposed adding this section to the constitution, while maintaining a similar law in state statutes.[1] |
Election results
| Question 1 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 2,015,475 | 53.62% | |||
| Yes | 1,743,255 | 46.38% | ||
- Election results from Virginia Department of Elections
Overview
State statute vs. constitutional amendment
Virginia has a right-to-work statute that bans employers from requiring union membership. Supporters sought to add right-to-work regulations to the Virginia Constitution to prevent future lawmakers from undoing the state's laws, according to media reports. Sen. Mark Obenshain (R-26) argued Attorney General Mark Herring (D) and future general assemblies could not be trusted to enforce right-to-work as a statute. Attorney general spokesman Michael Kelly responded that Herring has been consistent with the law, stating, “Everything he has done has been firmly grounded in the law, affirmed by courts and other authorities, and is in line with where Virginians are on the issues.” House Minority Leader David Toscano (D-57) argued the constitution should not be changed "willy-nilly."[2][3]
What would the measure cost?
The Department of Planning and Budget determined there would have been a one-time cost of $131,158 for providing public notice, which would have been deducted from the general fund. Under state law, the State Board of Elections is required to prepare posters and pamphlets and run advertisements in newspapers to provide public notice about constitutional amendments on the ballot. The department found the amendment would not have fiscally impacted the Department of Labor and Industry.
Text of measure
Ballot question
The question appeared on the ballot as follows:[4]
| “ | Should Article I of the Constitution of Virginia be amended to prohibit any agreement or combination between an employer and a labor union or labor organization whereby (i) nonmembers of the union or organization are denied the right to work for the employer, (ii) membership to the union or organization is made a condition of employment or continuation of employment by such employer, or (iii) the union or organization acquires an employment monopoly in any such enterprise?[5] | ” |
Ballot summary
The measure explanation appeared as follows:[4]
| “ | Present Law
Currently, Virginia’s right to work law, § 40.1-59 of the Code of Virginia, provides that any agreement or combination between an employer and a labor union or labor organization whereby (i) nonmembers of the union or organization are denied the right to work for the employer, (ii) membership in the union or organization is made a condition of employment or continuation of employment by such employer, or (iii) the union or organization acquires an employment monopoly in any such enterprise is against public policy and illegal. This has been the law and the declared public policy of the Commonwealth since 1947. Proposed Amendment The proposed amendment places the provisions of Virginia’s right to work law into the Constitution of Virginia. While Virginia law may be amended by any future General Assembly, a constitutional prohibition can only be changed by a future constitutional amendment approved by the voters.[5] |
” |
Constitutional changes
- See also: Article I, Virginia Constitution
The measure would have added a Section 11-A to Article I of the Virginia Constitution. The following text would have been added by the proposed measure's approval:[1]
Any agreement or combination between any employer and any labor union or labor organization whereby nonmembers of the union or organization are denied the right to work for the employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is against public policy and constitutes an illegal combination or conspiracy and is void.[5]
Full text
The full text of the measure can be found here.
Support
Rep. Richard P. Bell (R-20) sponsored the bill in the legislature.[2]
The Virginia Chamber of Commerce formed the Workplace Freedom Committee to collect contributions to support Question 1.[6]
Arguments in favor
Rep. Richard P. Bell (R-20) argued:[2]
| “ | The right to work — just like the right to life, liberty and the pursuit of happiness — is fundamental, and it deserves constitutional protection.[5] | ” |
The League of Women Voters of the Fairfax Area published the following arguments in favor of the amendment:[7]
| “ |
1. A constitutional amendment would ensure that future General Assemblies cannot easily change Virginia's status as a right-to-work state. 2. A constitutional amendment, approved at an election, shows the direct will of the people, not just that of legislators.[5] |
” |
Opposition
Opponents
- Northern Virginia Labor Federation[8]
- Virginia AFL-CIO[9]
- Madison County Democratic Committee[10]
- Our Revolution[11]
Arguments against
The League of Women Voters of the Fairfax Area published the following arguments against the amendment:[7]
| “ |
1. A constitutional amendment is not necessary since Virginia's current policy has been in effect for over 60 years. 2. A constitutional amendment does not allow for timely modifications.[5] |
” |
Sen. George Barker (D-39) argued:[12]
| “ | This amendment is downright unnecessary. Right to work laws have been on the books in Virginia for over 70 years. It is ironic that Republicans frequently accuse Democrats of government overreach, and yet they feel it appropriate to reflect in the Constitution something that has been practice for so long.[5] | ” |
Sen. Dave Marsden (D-37) stated:[12]
| “ | This is a political maneuver in an election year, an attempt by my Republican colleagues, backed by special corporate interests, to weaken the rights of hardworking Virginians.[5] | ” |
Delegate Jeion Ward (D-9) said:[13]
| “ | Passage of this constitutional amendment highlights the misplaced priorities that House Republicans have adopted and promoted. Building the New Virginia Economy requires a healthy, viable workforce that is paid a livable wage, guaranteed equal pay for equal work, and has access to affordable health care – not needlessly elevating existing law to the state Constitution that hurts Virginia’s workers.[5] | ” |
Delegate Charniele Herring (D-46) argued:[13]
| “ | Republicans in the Virginia House are playing at pandering partisan politics with an issue that has shown to be time and again a detriment to people who put in a hard day’s work. While I have the utmost respect for the Virginia Way, to enshrine a policy like Right to Work in the Constitution, rather in the code of Virginia where it can be debated and modified, is reckless and at high cost to the taxpayers both morally and financially.[5] | ” |
Delegate Mark Sickles (D-43) stated:[13]
| “ | In 2016, my friends in the Majority are offering up even more of the Virginia Code for constitutional status without evidence of any threat whatsoever to ‘the Virginia Way.' Instead of making unneeded changes to the sacred Constitution of Virginia, we should be laser-focused on building the New Virginia Economy by improving and investing in education, research, and developing a better workforce.[5] | ” |
Media editorials
Support
Opposition
- The Free-Lance Star editorial board wrote the following in opposition to Question 1:[14]
| “ |
It's akin to using a hammer to kill a fly. It may do the job, but it does considerable, unnecessary damage in the process. That’s what the Virginia General Assembly is doing in asking voters on Nov. 8 to approve a constitutional amendment about the state’s “right to work” policy. A “no” vote is appropriate for Ballot Question 1, “Article I. Bill of Rights. Section 11-A. Right to work.[5] |
” |
Campaign finance
As of January 16, 2017, one ballot question committee registered to support Question 1, and one registered to oppose the amendment.[15]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $36,770.05 | $0.00 | $36,770.05 | $29,251.57 | $29,251.57 |
| Oppose | $51,837.34 | $0.00 | $51,837.34 | $17,908.76 | $17,908.76 |
| Total | $88,607.39 | $0.00 | $88,607.39 | $47,160.33 | $47,160.33 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[15]
| Committees in support of Virginia Right to Work Amendment, Question 1 (2016) | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Workplace Freedom Committee | $36,770.05 | $0.00 | $36,770.05 | $29,251.57 | $29,251.57 |
| Total | $36,770.05 | $0.00 | $36,770.05 | $29,251.57 | $29,251.57 |
Donors
The following were the top donors to the committee.[15]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Virginia Chamber of Commerce | $21,877.41 | $0.00 | $21,877.41 |
| Americans for Prosperity | $6,152.64 | $0.00 | $6,152.64 |
| Edward Kearny | $5,000.00 | $0.00 | $5,000.00 |
| Ben Davenport | $1,000.00 | $0.00 | $1,000.00 |
| Carter Myers Automotive | $1,000.00 | $0.00 | $1,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committees in opposition to the initiative.[15]
| Committees in opposition to Virginia Right to Work Amendment, Question 1 (2016) | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Vote No on One | $51,837.34 | $0.00 | $51,837.34 | $17,908.76 | $17,908.76 |
| Total | $51,837.34 | $0.00 | $51,837.34 | $17,908.76 | $17,908.76 |
Donors
The following were the top donors to the committee.[15]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Virginia AFL-CIO General Fund | $22,115.00 | $0.00 | $22,115.00 |
| Service Employees International Union | $12,228.00 | $0.00 | $12,228.00 |
| 1199 Service Employees International Union | $11,159.15 | $0.00 | $11,159.15 |
| 1199 Service Employees International Union Federal Political Action Fund | $6,335.19 | $0.00 | $6,335.19 |
Path to the ballot
- See also: Amending the Virginia Constitution
- A constitutional amendment must be passed by a majority vote in two successive sessions of the Virginia General Assembly to be placed on the ballot.
- Rep. Richard Bell introduced the amendment into the first session of the Virginia Legislature as House Joint Resolution 490 on July 22, 2014.[16]
- The measure was passed by the Virginia House of Delegates on February 9, 2015, with 64 delegates voting in favor and 29 voting against. It was passed by the Virginia Senate on February 20, 2015, with 21 senators in favor and 19 against.[16]
- Bell introduced the amendment into House in the following session of the Legislature as House Bill 4. Sen. Mark Obenshain introduced the amendment into the Senate as Senate Bill 446.[17][18]
- HB 4 was passed by the House on February 3, 2016, with 63 delegates voting in favor and 34 voting against. It was referred to a Senate committee on February 4, 2016.[17]
- SB 446 was passed in the Senate on February 2, 2016, with 21 senators voting in favor and 19 against. It was referred to a House committee on February 5, 2016.[18]
- HB 4 was passed by the Senate on February 15, 2016, with 21 senators voting in favor and 19 against. Gov. Terry McAuliffe signed the bill on February 24, 2016.[17][19]
- The legislature passed a resolution officially placing the measure on the ballot with a 21-19 vote in the senate on February 15, 2016, and a 64-34 vote in the house on March 8, 2016.[20]
2015 vote
House vote
February 9, 2015
| Virginia HJR 490 House vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 64 | 68.82% | |||
| No | 29 | 31.18% | ||
Senate vote
February 20, 2015
| Virginia HJR 490 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 21 | 52.50% | |||
| No | 19 | 47.50% | ||
2016 vote
House vote
February 3, 2016
| Virginia HB 4 House vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 63 | 64.95% | |||
| No | 34 | 35.05% | ||
Senate vote
February 15, 2016
| Virginia HB 4 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 21 | 52.50% | |||
| No | 19 | 47.50% | ||
Recent news
The link below is to the most recent stories in a Google news search for the terms Virginia right to work amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
State profile
| Demographic data for Virginia | ||
|---|---|---|
| Virginia | U.S. | |
| Total population: | 8,367,587 | 316,515,021 |
| Land area (sq mi): | 39,490 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 69% | 73.6% |
| Black/African American: | 19.2% | 12.6% |
| Asian: | 6% | 5.1% |
| Native American: | 0.3% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 3.2% | 3% |
| Hispanic/Latino: | 8.6% | 17.1% |
| Education | ||
| High school graduation rate: | 88.3% | 86.7% |
| College graduation rate: | 36.3% | 29.8% |
| Income | ||
| Median household income: | $65,015 | $53,889 |
| Persons below poverty level: | 13% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Virginia. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Virginia
Virginia voted for the Democratic candidate in five out of the seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, five are located in Virginia, accounting for 2.43 percent of the total pivot counties.[21]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Virginia had five Retained Pivot Counties, 2.76 percent of all Retained Pivot Counties.
More Virginia coverage on Ballotpedia
- Elections in Virginia
- United States congressional delegations from Virginia
- Public policy in Virginia
- Endorsers in Virginia
- Virginia fact checks
- More...
Related measures
| Labor and unions measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| South Dakota | South Dakota Right for Organizations to Charge Fees for Services, Initiated Measure 23 |
| Alabama | Alabama Right to Work, Amendment 8 |
| Washington | Washington Increased Penalties for Crimes Against Vulnerable Individuals, Initiative 1501 |
See also
- Virginia 2016 ballot measures
- 2016 ballot measures
- Virginia ballot measures
- Public education in Virginia
External links
Footnotes
- ↑ 1.0 1.1 Virginia Legislature, "House Joint Resolution 490," accessed March 6, 2015
- ↑ 2.0 2.1 2.2 The Washington Post, "Right-to-work measure headed for Virginia ballot," February 2, 2016
- ↑ 13newsnow.com, "Virginia advances right-to-work referendum," February 2, 2016
- ↑ 4.0 4.1 Virginia Department of Elections, "Proposed Constitutional Amendments," accessed June 29, 2016
- ↑ 5.00 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 5.11 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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- ↑ 7.0 7.1 The League of Women Voters of the Fairfax Area (LWVFA), "2016 Virginia Constitutional Amendment Proposals: Pros and Cons," accessed August 30, 2016
- ↑ Northern Virginia Labor Federation, "No to Right to Work Amendment," accessed August 30, 2016
- ↑ Virginia AFL-CIO, "Protect Our Constitution - Vote No in November," accessed August 30, 2016
- ↑ Madison County Democratic Committee, "Oppose the Virginia "Right to Work" Amendment (2016)," June 14, 2016
- ↑ Our Revolution, "Ballot Initiatives," accessed October 4, 2016
- ↑ 12.0 12.1 August Free Press, "Democrats critical of GOP right to work constitutional amendment," February 21, 2015
- ↑ 13.0 13.1 13.2 Augusta Free Press, "Democrats critical of House Republican Right to Work push," February 3, 2016
- ↑ Free-Lance Star, "Editorial: Careful when amending Va.'s constitution," October 27, 2016
- ↑ 15.0 15.1 15.2 15.3 15.4 Virginia Department of Elections,"Campaign Finance Reports - Referendum Search," accessed January 16, 2017
- ↑ 16.0 16.1 Virginia Legislature, "House Joint Resolution 490 History," accessed March 6, 2015
- ↑ 17.0 17.1 17.2 Virginia Legislature, "House Bill 4 History," accessed February 7, 2016
- ↑ 18.0 18.1 Virginia Legislature, "Senate Bill 446 History," accessed February 7, 2016
- ↑ The National Law Review, "Virginia Voters to Decide on Right-to-Work Constitutional Amendment," March 8, 2016
- ↑ Virginia Legislature, "SJ 127 History," accessed March 11, 2016
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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