ALEC Policy Champions Protecting Workers’ Right to a Secret Ballot

ALEC is honored to recognize Mississippi Sen. Josh Harkins and Rep. Lee Yancey as ALEC Policy Champions for their leadership in protecting the right of workers to cast a private ballot in union organizing elections and shielding taxpayer dollars from coercive labor practices.

SB 2202, carried by Sen. Harkins — who serves on the ALEC Board of Directors — and Rep. Yancey — an ALEC State Chair — before being signed into law by Gov. Tate Reeves, requires that any company choosing to accept state economic development incentives must hold a secret-ballot election before union representation can be established. By requiring a secret-ballot election, Mississippi ensures that workers can make their choice on their own terms and in their own time, free from outside influence.

The law also prohibits those companies from entering into neutrality agreements and bans the sharing of employee contact information with union organizers without written consent from the employee.

As Sen. Harkins explained in a recent op-ed, the bill does not prohibit union organizing or interfere with an employee’s right to choose representation if a majority of employees want it. It simply ensures that the decision is made privately.

“A private-ballot election is the gold standard for protecting an individual’s choice. It allows each worker to decide privately, without having to publicly disclose a position to coworkers, supervisors, union organizers, or anyone else. In any matter as consequential as workplace representation, confidentiality matters,” Harkins said.

With this law, Mississippi becomes the first state in the nation to ban neutrality agreements and joins Georgia, Tennessee, and Alabama as the fourth state to protect workers’ right to a private ballot in union certification elections.

SB 2202 closely resembles one of the ALEC Essential Policy Solutions for 2026, the Taxpayer Dollars Protect Workers Act. This model policy also factors into the ALEC state labor policy rankings in States That Work: A Labor Policy Roadmap Across America. The model states that companies receiving public economic incentives should be required to protect workers’ right to vote on union representation through a private, secret-ballot election. It highlights the principle that state taxpayer dollars should not be used to subsidize practices that undermine worker privacy.

State policymakers across the country can look to Mississippi as they seek to protect both workers and taxpayer dollars. Congratulations to ALEC Policy Champions Sen. Josh Harkins and Rep. Lee Yancey!