Tennessee Constitutional Amendment 1, Right-to-Work Amendment (2022)

Tennessee Constitutional Amendment 1
Election date November 8, 2022
Topic Labor and unions
Status a Approved
Type Constitutional amendment	Origin State legislature

Tennessee Constitutional Amendment 1, the Right-to-Work Amendment, was on the ballot in Tennessee as a legislatively referred constitutional amendment on November 8, 2022. The measure was approved.

A "yes" vote supported amending the state constitution to add a new section to make it illegal for workplaces to require mandatory labor union membership for employees as a condition for employment.

A "no" vote opposed this amendment, while maintaining a similar law in state statutes.

Election results

Tennessee Amendment 1
Result		Votes	Percentage
Yes		1,141,941	69.79%
No		494,239	30.21%

Results are officially certified.

Source

Overview

What did the amendment do?

See also: Text of measure

Constitutional Amendment 1 added a new section to the Tennessee Constitution to make it illegal for workplaces to require mandatory labor union membership for employees as a condition for employment. This type of policy is known as right-to-work. Tennessee enacted a right-to-work law in 1947.

As of January 2021, 27 states had right-to-work laws in place. The majority of right-to-work laws were passed by states between 1944 and 1958, although some were passed after 2010. Of the 27 states, 18 had right-to-work laws, and nine states had right-to-work constitutional amendments.

Did other states vote on right-to-work laws?

See also: History of right-to-work ballot measures

At the time of the election, Ballotpedia had tracked 28 right-to-work ballot measures appearing on statewide ballots between 1944 and 2018. Of the 28 measures, 18 were constitutional amendments, seven were statutes, and three were referendums on statutes passed by the legislature. Out of the 18 constitutional amendments, eight were approved, and 10 were defeated. Two statutes were approved, and five were defeated. Two of the referendums were approved upholding the right-to-work law, and one was defeated repealing the law.

At the time of the election, the last vote on a right-to-work law was in 2018 in Missouri. Voters defeated Proposition A, which repealed a right-to-work law passed by the state legislature. The law was repealed with 67.47% of voters rejecting the law and 32.53% of voters deciding to uphold the law.

Who supported and opposed the amendment?

See also: Support and Opposition

The amendment was sponsored by Senator Brian Kelsey (R). He said, "The Tennessee right-to-work law states that workers cannot be hired or fired, or in any way discriminated against based on whether or not they are a member of a union. I think that this right is an important enough civil right that it belongs in our state constitution."

It was passed during the 2020 and 2021 legislative sessions largely along party lines, with Republican Senator Todd Gardenhire and Representative Scotty Campbell joining Democrats in the minority.

Senator Sara Kyle (D), who opposed the measure, said, "Right-to-work is a false slogan. The true effect of this legislation is to destroy the freedom and power of collective bargaining. Collective bargaining has lifted millions of workers out of poverty and provided families with health care and dignity in retirement. That gives big corporations the upper hand."

Text of measure

Ballot title

The official ballot title was as follows:

“

Shall Article XI of the Constitution of Tennessee be amended by adding the following language as a new section? It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.

”

Ballot summary

The official ballot summary was as follows:

“

This amendment would add a new section to article XI of the Tennessee Constitution to make it illegal for any person, corporation, association, or the State of Tennessee or its political subdivisions to deny or attempt to deny employment to any person because of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.

”

Constitutional changes

See also: Article XI, Tennessee Constitution

The measure added a new section to Article XI of the state constitution. The following underlined text was added:

It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.

Full text

The full text can be found here.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 20, and the FRE is 9. The word count for the ballot title is 68.

The FKGL for the ballot summary is grade level 33, and the FRE is -23. The word count for the ballot summary is 65.

Support

Yes on 1 Committee led the campaign in support of the amendment. Governor Bill Lee (R) was the chair of the committee.

Supporters

Officials

• Gov. Bill Lee (R)
• State Rep. Paul Bailey (R)
• State Sen. Jack Johnson (R)
• State Rep. Brian Kelsey (R)
• Lieutenant Governor Randy McNally (R)
• State Rep. John Holsclaw Jr. (R)
• State Rep. William Lamberth (R)
• State House Speaker Cameron Sexton (R)
• State Rep. Chris Todd (R)

Former Officials

• Gov. Bill Haslam (R)

Organizations

• Americans for Tax Reform
• Beacon Impact
• National Federation of Independent Business - Tennessee
• Tennessee Chamber of Commerce
• The Beacon Center of Tennessee

Arguments

• State Sen. Paul Bailey (R): "Tennessee workers want to make their own choices in the workplace, and this amendment will forever seal that right. It also sends a strong message that Tennessee will continue to foster a business-friendly climate into the future for locating high quality jobs. There is no better place than our state constitution to ensure that Tennessee remains a right-to-work state."
• Justin Owen, president of Beacon Impact and executive committee member of Yes on 1: "We think ‘Right to Work’ is one of the reasons our economy has been strong, as a state, up there with lacking a state income tax, it’s one of the biggest things that employers look at when relocating when investing and expanding"
• Justin Owen, president of Beacon Impact and executive committee member of Yes on 1: "There are a lot of misconceptions that ‘Right to Work’ means you can be fired for any reason, that’s a completely separate law that’s called employment-at-will. Right to Work is really simple, all it says is that if you want to join a union and pay dues, you should be allowed to do so and can’t be fired for doing so. If you don’t want to join a union and pay dues you shouldn’t be prohibited from doing so."
• State Rep. John Holsclaw (R): Holsclaw, the chairman of the Tennessee Employee Affairs subcommittee, said, "Adding this language to our state constitution sends a message very loud and clear that Tennesseans want to make their own choices in the workplace."
• State Sen. Brian Kelsey (R): "The Tennessee right-to-work law states that workers cannot be hired or fired, or in any way discriminated against based on whether or not they are a member of a union. I think that this right is an important enough civil right that it belongs in our state constitution."

Opposition

Vote No on 1 was the committee registered in opposition to Amendment 1.

Opponents

Officials

• State Rep. Sara Kyle (D)
• State Rep. G.A. Hardaway (D)
• Shelby County Mayor Lee Harris (D)

Candidates

• Jason Martin (D) - Gubernatorial candidate

Unions

• Tennessee AFL-CIO

Individuals

• Brandon Puttbrese (D) - Senate Democratic Caucus Spokesperson

Arguments

• State Sen. Sara Kyle (D): "Right-to-work is a false slogan. The true effect of this legislation is to destroy the freedom and power of collective bargaining. Collective bargaining has lifted millions of workers out of poverty and provided families with health care and dignity in retirement. That gives big corporations the upper hand."
• Lendon Grisham, president of Teamsters Local 480: "The union must represent a nonmember, and the nonmember enjoys the same negotiated wages, protections and benefits. Right to work is wrong and it has no place in our constitution."
• Kermit Moore, president of A Philip Randolph Institute; Anne Langendorfer, president of United Campus Workers; and Tobey Patton, a business representative at Teamsters Local 480: "Federal law forces unions to represent everyone. It’s a legal fact. Senator Kelsey's constitutional change, which would permanently lock this unfair law into our state, runs counter to basic principles of fairness to which unite us all, conservative and progressive. 'Right to work' is a flawed statute that should not be turned into a flawed amendment to our constitution."
• Billy Dycus, president of Tennessee AFL-CIO: "With the Tennessee House of Representative’s final approval of SJR 0002, the Republican supermajority sent a clear message: our state is pro-business and anti-worker. In spite of repeated, powerful testimony against this harmful resolution over the past several months and hundreds of phone calls and e-mails, legislators once again chose to ignore the voices of working families and side with corporate special interests."
• State Rep. John Ray Clemmons (D): "It’s really interesting to me that they’re pushing this constitutional amendment — you know this has been a law for 75 years under Republican and Democratic control legislators and repealing it has never been on the table. [...] We should reserve amending our state’s constitution for very important things that need to be addressed I think this whole initiative is nothing but political points scoring with some big corporate donors and corporate interest in, really we’re wasting time in failing to address the needs and focus on working families."

Campaign finance

See also: Campaign finance requirements for Tennessee ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 31, 2022.

There was one committee, Yes on 1, registered to support the amendment. They reported $243,245 in contributions. Vote No on 1 and Workplace Democracy and Justice were the committees registered in opposition to this amendment. They reported $43,233 in contributions.

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	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$242,975.00	$270.00	$243,245.00	$240,407.01	$240,677.01
Oppose	$25,400.00	$17,833.82	$43,233.82	$34.65	$17,868.47
Total	$268,375.00	$18,103.82	$286,478.82	$240,441.66	$258,545.48

Support

The following table includes contribution and expenditure totals for the committee in support of the ballot measure.

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Committees in support of Amendment 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Yes on 1	$242,975.00	$270.00	$243,245.00	$240,407.01	$240,677.01
Total	$242,975.00	$270.00	$243,245.00	$240,407.01	$240,677.01

Donors

The following table shows the top donors to the committee registered in support of the ballot measure.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Bill Lee for Tennessee	$25,000.00	$0.00	$25,000.00
William Haslam	$25,000.00	$0.00	$25,000.00
Brian Hunt	$16,500.00	$0.00	$16,500.00
Tennessee Chamber of Commerce	$12,500.00	$0.00	$12,500.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.

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Committees in opposition to Amendment 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Vote No on 1	$25,300.00	$17,833.82	$43,133.82	$11.85	$17,845.67
Workplace Democracy and Justice	$100.00	$0.00	$100.00	$22.80	$22.80
Total	$25,400.00	$17,833.82	$43,233.82	$34.65	$17,868.47

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Tennessee State Council SEIU	$25,000.00	$0.00	$25,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Right-to-work in Tennessee

See also: Right-to-work laws

Right-to-work laws are pieces of legislation that guarantee that no employee can be required to join, or not join, a union, or be required to pay dues to a labor union as a condition of employment. Right-to-work laws also prohibit labor unions and employers from entering into contracts that only employ unionized workers for the jobs under the contract.

In 1947, the Tennessee State Legislature passed a right-to-work law along with six other states. At the time, Tennessee had a Democratic state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.

The 2022 amendment was referred to the ballot by a Republican-controlled legislature. The votes in the two separate legislative sessions were largely along party lines with two Republican legislators joining the minority, Senator Todd Gardenhire and Rep. Scotty Campbell. Tennessee had a Republican trifecta beginning in 2011.

Right-to-work laws across the country

As of January 2021, 27 states had right-to-work laws in place. The majority of right-to-work laws were passed by states between 1944 and 1958, although some were passed after 2010. Of the 27 states, 18 had right-to-work laws, and nine states had right-to-work constitutional amendments.

History of right-to-work ballot measures

The following table features right-to-work ballot measures that appeared on statewide ballots between 1944 and 2018. Of the 28 measures, 12 were approved, and 16 were defeated.

History of right-to-work on the ballot
State	Year	Measure	Type	Result
Arkansas	1944	Amendment 35	Constitutional	a
California	1944	Proposition 12	Constitutional	d
Florida	1944	Amendment 5	Constitutional	d
Arizona	1946	Proposition 4	Constitutional	a
Nebraska	1946	Amendment 1	Constitutional	a
South Dakota	1946	Proposed Amendment	Constitutional	a
Arizona	1948	Proposition 4	Statute (Referendum)	a (Upheld)
Maine	1948	Barlow/Tabb Statutes	Statute	d
Massachusetts	1948	Question 5	Statute	d
New Mexico	1948	Amendment 3	Constitutional	d
North Dakota	1948	Referendum 2	Statute	a
Nevada	1952	Question 1	Statute	a
Washington	1956	Initiative 198	Statute	d
California	1958	Proposition 18	Constitutional	d
Colorado	1958	Measure 5	Constitutional	d
Idaho	1958	Initiative 1	Statute	d
Kansas	1958	Amendment 3	Constitutional	a
Ohio	1958	Amendment 2	Constitutional	d
Washington	1958	Initiative 202	Statute	d
Mississippi	1960	Proposed Amendment	Constitutional	a
Oklahoma	1964	State Question 409	Constitutional	d
Missouri	1978	Amendment 23	Constitutional	d
Idaho	1986	Referendum 1	Statute (Referendum)	a (Upheld)
Oklahoma	2001	State Question 695	Constitutional	a
Colorado	2008	Initiative 47	Constitutional	d
Alabama	2016	Amendment 8	Constitutional	a
Virginia	2016	Question 1	Constitutional	d
Missouri	2018	Proposition A	Statute (Referendum)	d (Repealed)

Arguments for and against right-to-work

Both supporters and opponents of right-to-work laws make philosophical, economic, and political arguments. The following table contains a selection of arguments from both sides:

Debate surrounding right-to-work (RTW) laws
Argument	Support	Opposition
Philosophical	•NRWF: RTW is about individual freedom. Workers should be allowed to decide whether to provide a labor union with financial support and represent themselves as individuals in relationships with their employers. •Seventh-Day Adventist Church: Workers should not be required to contribution to labor unions that utilize methods that compromise the individual’s conscience. Workers lose free will in the workplace due to forced payments to unions.	•John Stowe, Roman Catholic Bishop of the Diocese of Lexington, KY: RTW violates the principle of the common good. Workers should be required to contribute dues to labor unions that negotiate for the common good of a workplace’s employees. •Utility Workers Union of America: RTW creates a free-rider problem. Some workers discontinue paying their fair share, while everyone, including non-paying workers, reaps the benefits, creating division among workers.
Economic	•The Heritage Foundation: RTW laws make labor unions less aggressive, encouraging domestic and foreign business investment. •U.S. Chamber of Commerce: RTW helps increase the production output of businesses, which translates to higher incomes for workers.	•Economic Policy Institute: RTW lowers wages and benefits for workers and reduces consumer demand, weaking the middle class. •SEIU Local 521: RTW tilts the balance of power toward bosses in the workplace, making workplaces less safe for workers.
Political	•National Right to Work Legal Defense: Unions are responsible for the tax-and-spend policies of the federal government. Unions collect billions each year from dues. Workers should get to decide whether to contribute to unions.	•CAP: RTW weakens workers' voices in the federal and state governments and decreases voter turnout. •AFL-CIO: RTW tilts the balance of power toward big corporations in politics. Unions provide a counterforce to corporations in politics.

Taft-Hartley Act

See also: Taft-Hartley Act

Congress passed the Taft-Hartley Act in 1947, which allowed individual states to enact right-to-work laws. Between 1935 and 1947, the National Labor Relations Act (NLRA), also known as the Wagner Act, permitted collective bargaining agreements in all states between employers and unions that required all employees at a workplace to pay dues to the union. These agreements were known as union security agreements. As of 2018, the NLRA continues to permit union security agreements, although the Taft-Hartley Act allows states to forbid union security agreements via right-to-work laws. President Harry S. Truman (D) vetoed the Taft-Hartley Act, but the House of Representatives and Senate overrode his veto.

In NLRB v. General Motors Corporation of 1967, the Supreme Court ruled that an employee cannot be required to join a labor union by a union security agreement, but can be required to pay dues to the union representing the employee's workplace for collective bargaining costs.

Referred amendments on the ballot in Tennessee

Between 1995 and 2020, the following occurred in Tennessee:

• There were 11 constitutional amendments on the ballot.
• The average number of amendments on general election ballots was about one.
• Voters approved 100% of the constitutional amendments appearing on ballots during that period.
• Voters last decided on constitutional amendments in 2014, passing all four amendments.

Ballot measures in Tennessee, 1995-2020
Type	Total number	Approved	Percent approved	Defeated	Percent defeated	Average	Median	Minimum	Maximum
Constitutional amendments	11	11	100.0%	0	0.0%	0.9	0.0	0	4

Path to the ballot

See also: Amending the Tennessee Constitution

In Tennessee, a legislatively referred constitutional amendment requires a vote in each chamber of the Tennessee State Legislature in two successive legislative sessions with an election in between. However, there are two different vote requirements depending on the session. During the first legislative session, the constitutional amendment needs to receive a simple majority (50%+1) vote in each legislative chamber. During the second legislative session, the constitutional amendment needs to receive a two-thirds vote in each legislative chamber.

This amendment was introduced as Senate Joint Resolution 648 on January 8, 2020. On February 10, 2020, the state Senate passed SJR 648 in a vote of 24-5. Of the 25 Republicans in the Senate, 24 voted in favor of SJR 648, and Sen. Todd Gardenhire was the sole Republican to vote against it. All four Democrats voted against it. On June 17, 2020, the state House passed SJR 648 in a vote of 68-22. The vote was along party lines with Republicans in the majority and Democrats in the minority.

111th General Assembly:

Vote in the Tennessee State Senate February 10, 2020
Requirement: Approval in two legislative sessions is required; a simple majority vote of all members in each chamber in the first and a two-thirds (66.67 percent) vote of all members in each chamber in the second
Number of yes votes required: 17  a
	Yes	No	Not voting
Total	24	5	0
Total percent	82.76%	17.24%	0%
Democrat	0	4	0
Republican	24	1	0

Vote in the Tennessee House of Representatives June 17, 2020
Requirement: Approval in two legislative sessions is required; a simple majority vote of all members in each chamber in the first and a two-thirds (66.67 percent) vote of all members in each chamber in the second
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	68	22	0
Total percent	75.56%	24.44%	0%
Democrat	0	22	0
Republican	68	0	0

112th General Assembly:

The amendment was introduced as Senate Joint Resolution 2 (SJR 2) on January 12, 2021. The state Senate passed the amendment on March 8, 2021, by a vote of 24-7. The vote was along party lines with one Republican, Sen. Todd Gardenhire, joining the minority. On April 29, 2021, the state House passed the amendment in a vote of 67-24 with one present and not voting. The vote was also along party lines with Rep. Scotty Campbell (R) joining the Democratic minority.

Vote in the Tennessee State Senate March 8, 2021
Requirement: Approval in two legislative sessions is required; a simple majority vote of all members in each chamber in the first and a two-thirds (66.67 percent) vote of all members in each chamber in the second
Number of yes votes required: 22  a
	Yes	No	Not voting
Total	24	7	0
Total percent	77.42%	22.58%	0.00%
Democrat	0	6	0
Republican	24	1	0

Vote in the Tennessee House of Representatives April 29, 2021
Requirement: Approval in two legislative sessions is required; a simple majority vote of all members in each chamber in the first and a two-thirds (66.67 percent) vote of all members in each chamber in the second
Number of yes votes required: 66  a
	Yes	No	Not voting
Total	67	24	1
Total percent	72.83%	26.09%	1.09%
Democrat	0	23	0
Republican	67	1	1

How to cast a vote

See also: Voting in Tennessee

Click "Show" to learn more about voter registration, identification requirements, and poll times in Tennessee.

How to cast a vote in Tennessee

Poll times Each county election commission must determine the opening time for polling places in the county at least 15 days before an election, with certain requirements based on county population. All polling places close at 7 p.m. CST (8 p.m. EST). The polls must be open for a minimum of 10 consecutive hours, but not more than 13 hours. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. To register to vote in Tennessee, an applicant must be a citizen of the United States, a resident of Tennessee, and at least 18 years old by the day of the next election. Prospective voters can register online, by mailing a voter registration application to the county election commission, or in person at a variety of locations including the county clerk’s office, the county election commission office, public libraries, and numerous state agencies. Registration must be completed 30 days before an election. Automatic registration Tennessee does not practice automatic voter registration. Online registration See also: Online voter registration Tennessee has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Tennessee does not allow same-day voter registration. Residency requirements To register to vote in Tennessee, you must be a resident of the state. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Tennessee does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, providing false information on an application "is a felony punishable by not less than two (2) years nor more than twelve (12) years imprisonment or a fine of $5,000 or both." Tennessee law requires election officials to conduct check of voter registration applicants' citizenship status. Section 2-2-141 of the Tennessee Code states the following: “ ‘’’2-2-141. Proof of citizenship for registering to vote.’’’ (a) The coordinator of elections shall compare the statewide voter registration database with the department of safety database to ensure non-United States citizens are not registered to vote in this state. The coordinator of elections is authorized to compare the statewide voter registration database with relevant federal and state agencies and county records for the same purpose. If evidence exists that a particular registered voter is not a citizen of the United States, the coordinator of elections shall notify the county election commission where the person registered to vote that the registered voter may not be a citizen of the United States. (b) After receiving such notice, the county election commission shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. Any registered voter who receives the notice shall, within thirty (30) days of the receipt of such notice, provide proof of citizenship to the county election commission. ” —Tenn. Code Ann. § 2-2-141 All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. As of January 2025, six states — Alabama, Arizona, Georgia, Kansas, Louisiana, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The Tennessee secretary of state’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Tennessee requires voters to present photo identification while voting. Voters can present the following forms of identification: Tennessee driver’s license with photo United States passport Photo ID issued by the Tennessee Department of Safety and Homeland Security Photo ID issued by the federal or Tennessee state government United States Military photo ID Tennessee handgun carry permit with photo The following voters are exempt from the photo ID requirements: Voters who vote absentee by mail Voters who are residents of a licensed nursing home or assisted living center and who vote at the facility Voters who are hospitalized Voters with a religious objection to being photographed Voters who are indigent and unable to obtain a photo ID without paying a fee Voters can obtain a free photo ID from the Tennessee Department of Safety and Homeland Security at any participating driver service center. In order to receive an ID, a voter must bring proof of citizenship (such as a birth certificate) and two proofs of Tennessee residency (such as a voter registration card, a utility bill, vehicle registration or title, or bank statement). Visit the Tennessee Department of Safety and Homeland Security's Voter Photo ID page for more information.

See also

2022 measures

• 2022 ballot measures
• Labor and unions on the ballot

Tennessee

• Tennessee ballot measures
• Tennessee ballot measure laws
• Right-to-work laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Full text

Support

• Vote Yes on 1 campaign website
• Vote Yes on 1 Facebook page
• Vote Yes on 1 Twitter page

Opposition

Submit links to [email protected].