What's Next After Amendment 1 Passes in Illinois and When Will it Begin?

For all intents and purposes, Amendment 1 codifies the right of workers to unionize into the state’s constitution

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The votes are in and Amendment 1, also known as the Workers' Rights Amendment, has passed in Illinois, but what does that mean and when will the change take effect?

With the measure securing 58% of the vote, according to NBC News data, Amendment 1 adds protections to the state constitution for workers seeking to unionize — and also prohibits state lawmakers from passing "right-to-work" laws.

Here's what to know:

What Does the Passage of the Workers' Rights Amendment Mean for Illinois?

For all intents and purposes, Amendment 1 codifies the right of workers to unionize into the state’s constitution.

It also prohibits state government from passing “right-to-work” laws, which are currently in effect in at least 27 U.S. states.

Amendment 1 adds this language to Article I of the state constitution:

A – Employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purposes of negotiating wages, hours and working conditions, and to protect their economic welfare and safety at work. No law shall be passed that interferes with, negates or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and to workplace safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment.

B – The provisions of this Section are controlling over those of Section 6 of Article VII.

Read more: What changes if the Illinois Workers' Rights Amendment Passes?

What Did the Amendment Need to Pass?

There were two different ways that the amendment could ultimately pass: The first was if it received 60% support from those casting votes directly on the measure. The second was if it received “yes” votes on more than 50% of ballots cast throughout the state during the election.

With 100% of precincts reporting as of Tuesday, the AP says that the measure received 58% of the vote, with more than 2.1 million ballots cast in favor of the Workers’ Rights Amendment.

Even though that fell short of the 60% required to amend the state’s constitution, the measure still passed because more than 50% of voters who cast ballots during the midterm election voted in favor of the amendment.

How Will the Amendment Process Work?

The General Assembly passed the amendment in 2021, setting the stage for it to appear on the ballot in November 2022.

Now that voters have passed the measure, it will become law quickly. Under the Illinois Constitution, the measure must be certified and declared adopted by the State Board of Elections within 20 days of the election.

What Was the Support and Criticism of the Measure?

Labor groups and Illinois Gov. J.B. Pritzker supported the amendment, while groups like the Chamber of Commerce and the Illinois Manufacturer’s Association opposed it, saying that it could have unintended consequences for hiring and for property taxes.

“The voters of Illinois sent a clear message by passing the Workers’ Rights Amendment: Illinois is and always will be a workers’ rights state,” Vote Yes for Workers’ Rights Chair Tim Drea said in a statement. “This victory is an historic moment for our workers and our entire state."

Opponents of the amendment argued that increased bargaining power in the hands of public-sector employees could require tax increases to help pay for higher wages and more benefits.

The Illinois Policy Institute, a conservative thinktank that has criticized the bill, argued that it could potentially pave the way for increased property taxes.

“They tried to sneak a hidden tax hike by voters,” the group said. “The fact that the vote (was too close to call) speaks to Illinoisans’ distrust in enshrining costly new provisions into the constitution that could handcuff them for years to come.”

According to NBC affiliate KSDK in St. Louis, the IPI’s argument that the amendment would raise property taxes by $2,100 over the next four years is based on a steady increase in property taxes that has been ongoing since 2010, and therefore isn’t directly tied to the bill.

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