Simone Lawson
In 2018, North Carolina voters faced an election with no statewide senate or governor's race, but with six constitutional amendments on the ballot. The amendments were proposed by the General Assembly and included changes to the process of filling judicial vacancies, the establishment of a Bipartisan Board of Ethics, and a Voter ID amendment. In 2024, North Carolina voters will again decide on a constitutional amendment, this time regarding noncitizen voting rights. The amendment seeks to emphasize that only U.S. citizens can vote in the state, despite federal laws already requiring U.S. citizenship to vote. Critics argue that the amendment is unnecessary and promotes anti-immigration sentiment, while supporters claim it addresses potential future conflicts.
| Characteristics | Values |
|---|---|
| Number of Amendments | 6 |
| Amendment Topics | Voter ID requirements, income tax rate, judicial vacancies, Bipartisan Board of Ethics and Elections Enforcement, noncitizen voting |
| Voter Requirements | Voters must be North Carolina residents and at least 18 years old |
| Previous Requirements | Existing laws already require U.S. citizenship to vote in federal elections, and non-citizens are not allowed to vote in North Carolina |
| Amendment Impact | May sow division and mistrust in elections, perpetuate anti-immigration sentiment, and create barriers for eligible voters |
| Amendment Process | Proposed by the General Assembly, requires 60% vote in each legislative chamber, does not need governor's signature |
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What You'll Learn
Voting amendment to require photo ID
North Carolina voters will decide on six constitutional amendments proposed by the General Assembly during the 2018 election. One of these amendments is the "Constitutional amendment to require voters to provide photo identification before voting in person."
This amendment would require North Carolina voters to present a form of photo identification when voting in person. The amendment text does not specify the types of photo identification that would be accepted. Instead, it directs the state legislature to create laws to implement the amendment.
Supporters of the amendment believe that it will improve election security and prevent voter fraud. However, opponents argue that similar voter ID laws have been used to disenfranchise minority voters, and that the amendment is unnecessary, as North Carolina already has voter ID laws in place.
In addition to this amendment, North Carolina voters will also decide on amendments related to judicial appointments, ethics and elections enforcement, and income tax rates. These amendments have sparked debates among Democrats, Republicans, and independent groups in the state.
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Judicial vacancy amendment
In 2018, North Carolina voters considered six constitutional amendments on the ballot, one of which concerned judicial vacancies. The amendment in question aimed to change the process of filling judicial vacancies, which at the time was solely the governor's responsibility. The amendment proposed that an independent commission, composed of appointees from the judicial, executive, and legislative branches, would be responsible for nominating individuals to fill judicial vacancies. This commission would be tasked with recommending qualified nominees to the legislature, which would then forward at least two names to the governor for the final appointment decision. This process would remove the governor's veto power over the nominees.
The judicial vacancy amendment was met with opposition from both Democrats and former Republican governors and justices. Critics argued that the amendment could lead to political manipulation, with the potential for Republicans to dominate the commission and influence the governor's choice.
The context of the judicial vacancy amendment is essential to understand. North Carolina's process for amending the state constitution is unique in that it does not allow citizens to propose constitutional amendments or ballot initiatives directly. Instead, the General Assembly, composed of the House and Senate, initiates the amendment process by passing a law with a three-fifths majority vote in both chambers. This process highlights the role of the legislature and the absence of direct citizen involvement in proposing constitutional changes in North Carolina.
The six constitutional amendments on the ballot in North Carolina during that election cycle covered various topics, including judicial vacancies, voter identification requirements, income tax rates, and ethics and elections enforcement. Each amendment had the potential to significantly impact the state's political landscape and the lives of North Carolina residents.
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Ethics board amendment
The Ethics Board Amendment, also referred to as the Election Board Amendment, is a proposed state constitutional amendment that would reconfigure the state Board of Elections and Ethics Enforcement. The official ballot language reads:
> "Constitutional amendment to establish an eight-member Bipartisan Board of Ethics and Elections Enforcement in the Constitution to administer ethics and elections law."
The amendment would create a new board in the constitution with the power to enforce elections, although what this means is unclear. The current state board already enforces ethics and elections law, and the proposed amendment has been criticised for its vague language.
The amendment was introduced after a court rejected Republican lawmakers' attempt to take the governor's appointment powers. The new arrangement would see four state board members from each party and a ninth member from neither party. The governor would choose the partisan board members from lists presented by legislative leaders from both parties and also choose the ninth member.
The amendment has been criticised as a partisan power grab, with Democrats in the legislature overwhelmingly opposed to it. Critics argue that the vague language, including the use of the word "bipartisan," is intended to fool voters into approving the amendment. The amendment has also been criticised for its sloppily worded and misleading language, which could threaten the voting process.
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Income tax rate amendment
North Carolina will vote on six constitutional amendments proposed by the General Assembly. One of these amendments is the "Income tax rate amendment", which aims to reduce the income tax rate in North Carolina to a maximum allowable rate of seven percent.
North Carolina law does not currently provide a method for citizens to propose constitutional amendments or ballot initiatives. The primary way to amend the Constitution of the state is by a vote of the qualified voters. The General Assembly first needs to pass a law by a three-fifths vote of the members of both the House and the Senate. The law then puts an amendment to the Constitution on a statewide election ballot on a specified date.
The six amendments on the ballot this year include the Income tax rate amendment, the Voter ID amendment, the Judicial appointment amendment, and the Ethics and Elections Enforcement Board amendment. The Voter ID amendment would require voters to provide a form of photo identification, while the Judicial appointment amendment would change the process of filling judicial vacancies, which currently belongs to the state governor. The Ethics and Elections Enforcement Board amendment would reduce the number of members on the board from nine to eight, eliminating the independent member.
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Noncitizen voting amendment
In 2024, North Carolina is one of eight states with a noncitizen voting constitutional amendment question on the ballot. The amendment would change the language in the state constitution around noncitizen voting.
The current Article 6 of North Carolina's Constitution outlines that "every person born in the United States and every person who has been naturalized, 18 years of age, and possessing the qualifications set out in this Article, shall be entitled to vote at any election by the people of the State." The article also specifies that voters must be North Carolina residents, and felons cannot vote until they have restored their citizenship rights after completing their sentences.
The proposed amendment would change this to: "Only a citizen of the United States who is 18 years of age and otherwise possessing the qualifications for voting shall be entitled to vote at any election in this State."
Supporters of the amendment argue that the current constitutional language leaves room for North Carolina cities or municipalities to pass ordinances allowing noncitizens to vote in local elections in the future. While no North Carolina cities have done so, cities in other states, like San Francisco, Oakland, Washington, and Montpelier, Vermont, do allow noncitizens to vote in some local elections.
Opponents of the amendment, including advocacy groups and Democrats, argue that it is unnecessary and will sow confusion among immigrant voters who are legally allowed to vote. They believe that the amendment is harmful to vulnerable communities, promotes mistrust in elections, and perpetuates anti-immigration hate and racism. Katelin Kaiser, Policy Director of Democracy NC, stated that "certain politicians have introduced this amendment to spread lies about immigrants and voting to sow doubt about elections they fear won’t go their way." Chavi Khanna Koneru, co-founder and executive director of NC Asian Americans Together, called the amendment "an insidious change to the constitution that sets a dangerous precedent for setting up barriers for eligible North Carolinians to have a say in our future."
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