An Act to provide for the submission to the voters of a
proposed amendment to the Constitution of Virginia adding to Article I a
section numbered 11-A, relating to the right to work.
Approved March 25, 2016
Be it enacted by the General Assembly of Virginia:
1. § 1. It shall be the duty of the officers conducting
the election directed by law to be held on the Tuesday after the first Monday
in November 2016, at the places appointed for holding the same, to open a poll
and take the sense of the qualified voters upon the ratification or rejection
of the proposed amendment to the Constitution of Virginia, contained herein and
in the joint resolution proposing such amendment, to wit:
Amend the Constitution of Virginia by adding to Article I a
section numbered 11-A as follows:
BILL OF RIGHTS
Section 11-A. Right to work.
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.
§ 2. The ballot shall contain the following question:
"Question: 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?"
The ballots shall be prepared, distributed and voted, and the
results of the election shall be ascertained and certified, in the manner prescribed
by § 24.2-684 of the Code of Virginia. The State Board of Elections shall
comply with § 30-19.9 of the Code and shall cause to be sent to the electoral
boards of each county and city sufficient copies of the full text of the
amendment and question contained herein for the officers of election to post in
each polling place on election day.
The electoral board of each county and city shall make out,
certify and forward an abstract of the votes cast for and against such proposed
amendment in the manner now prescribed by law in relation to votes cast in
The State Board of Elections shall open and canvass such
abstracts and examine and report the whole number of votes cast at the election
for and against such amendment in the manner now prescribed by law in relation
to votes cast in general elections. The State Board of Elections shall record a
certified copy of such report in its office and without delay make out and
transmit to the Governor an official copy of such report, certified by it. The
Governor shall without delay make proclamation of the result, stating therein
the aggregate vote for and against the amendment.
If a majority of those voting vote in favor of the amendment,
it shall become effective on January 1, 2017.
The expenses incurred in conducting this election shall be
defrayed as in the case of election of members of the General Assembly.