Simone Lawson
The 2024 North Carolina ballot includes a citizen-only voting amendment that has sparked controversy. The proposed amendment seeks to change the state constitution's language on voting eligibility, specifying that only citizens of the United States aged 18 and above can vote in state elections. This amendment has been criticized as unnecessary, as it is already illegal for non-citizens to vote in federal and state elections, and for spreading anti-immigrant sentiment. However, supporters argue that it shuts down any potential legal challenges and ensures election integrity. With early voting underway, North Carolina voters will decide the fate of this amendment, which requires a majority vote to pass.
| Characteristics | Values |
|---|---|
| Nature of the Amendment | A "citizens-only" voting amendment |
| Objective | To change the state constitution's language on who can vote in elections |
| Supporters' Argument | To clarify that noncitizens can't vote and to shut the door on any potential legal challenge |
| Opponents' Argument | It is unnecessary and will sow confusion among immigrant voters who are legally allowed to vote |
| Current State Constitution's Language | Voting is limited to "every person born in the United States and every other person who has been naturalized, 18 years of age" |
| Proposed Amendment's Language | "Only a citizen of the United States who is 18 years of age" and remove language about naturalized citizens |
| Voting Process | Voters can vote "for" or "against" the amendment |
| Outcome | If the majority of votes cast are "for" the amendment, it will take effect. If it fails to pass, the state constitution will remain unchanged. |
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What You'll Learn
Voting age and eligibility
The "citizens-only voting" constitutional amendment seeks to change the voting eligibility language in the state constitution of North Carolina. The current constitution states that "every person born in the United States and every other person who has been naturalized, 18 years of age" can vote. The proposed amendment reads: "Constitutional amendment to provide that only a citizen of the United States who is 18 years of age and otherwise possesses the qualifications for voting shall be entitled to vote at any election in this state."
The amendment would replace the current wording with language specifying that "only" a U.S. citizen, who is 18 years of age, can vote. This change aims to clarify that noncitizens cannot vote, which is already illegal and exceedingly rare in state and federal elections. According to supporters, the amendment is necessary to prevent activist judges from finding loopholes to allow non-citizens to vote.
Opponents of the amendment argue that it is redundant and may cause confusion among eligible naturalized citizens. They claim that the amendment perpetuates anti-immigration sentiments and could create barriers for eligible voters from immigrant communities. Some critics also believe that the amendment is a ploy to further erode confidence in the electoral system.
It is important to note that the amendment would not change the legal voting age of 18 years. However, there has been misinformation suggesting that the amendment would only allow 18-year-old citizens to vote. Legal experts clarify that while the plain reading of the amendment may suggest that interpretation, courts would likely give it a functional meaning to avoid absurd results.
In conclusion, the "citizens-only voting" constitutional amendment in North Carolina primarily focuses on changing the language around voting eligibility to emphasize that only U.S. citizens, who are 18 years of age, can vote. The amendment has sparked debates about the potential impact on immigrant communities and the perceived need to address non-citizen voting, which is already illegal.
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Non-citizen voting laws
North Carolina is one of eight states with a citizen-only voting amendment on the ballot in the 2024 election. The proposed amendment reads:
> Constitutional amendment to provide that only a citizen of the United States who is 18 years of age and otherwise possesses the qualifications for voting shall be entitled to vote at any election in this state.
The state constitution currently states that "every person born in the United States and every other person who has been naturalized, 18 years of age" can vote. The amendment, if passed, would replace that wording to say that "only" a U.S. citizen can vote.
Advocates say the ballot measure, which passed with bipartisan support in the Republican-controlled state legislature, is an effort to clarify that noncitizens can’t vote, which is already illegal and exceedingly rare in state and federal elections. However, opponents of the measure, including Democrats, have said the law is redundant and may unnecessarily confuse naturalized citizens who are, in fact, eligible to vote.
In North Carolina, there are already several processes in place to ensure noncitizens don’t vote, accidentally or on purpose. The first question on North Carolina’s voter registration form asks whether the registrant is a U.S. citizen. It instructs those who are not citizens not to submit the form, as they are not eligible to vote. Registrants must sign the form under penalty of perjury, and it is a Class I felony to lie about one’s citizenship status to vote. Identifying information on the voter registration form is checked against data from the DMV and the Social Security Administration.
If more than 50% of North Carolina voters approve the amendment, it will go into effect on January 1, 2025, according to state law.
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Immigrant communities
The proposed constitutional amendment in the 2024 North Carolina election seeks to change the state constitution's language on who can vote in elections. The amendment reads: "Constitutional amendment to provide that 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."
Currently, the North Carolina Constitution states that "every person born in the United States and every other person who has been naturalized, 18 years of age" can vote. The proposed amendment would remove the reference to "naturalized" citizens, which has raised concerns about its potential impact on immigrant communities.
Critics argue that the amendment is unnecessary and motivated by anti-immigrant sentiments. They claim that it could deter legal voters from participating, confuse naturalized citizens about their voting rights, and further marginalize immigrant communities. Some opponents suggest that the omission of "naturalized" citizens could lead to efforts to undermine the voting rights of foreign-born US citizens.
Proponents of the amendment, including Republican lawmakers, argue that it clarifies the constitution's language and ensures election integrity. They believe it is necessary to prevent future reinterpretations of the constitution that could allow non-citizen voting. However, critics counter that the existing language is clear and that the amendment sows division and mistrust in elections.
The amendment has sparked debates about its potential impact on immigrant communities in North Carolina. While the amendment would not change the law regarding voter eligibility, there are concerns about its potential effects on voter turnout and the perception of immigrant communities' role in the electoral process.
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Anti-immigration sentiment
The “citizens-only voting” constitutional amendment in North Carolina has sparked concerns about anti-immigration sentiment and its potential impact on immigrant communities. Currently, the state constitution allows "every person born in the United States and every other person who has been naturalized, 18 years of age" to vote. However, the proposed amendment seeks to change this language to explicitly state that "only a U.S. citizen" can vote.
While proponents argue that the amendment aims to clarify existing laws and ensure election integrity, opponents claim that it perpetuates anti-immigration sentiments and creates unnecessary barriers for eligible voters. They argue that the current language is clear and that the proposed amendment is redundant. Additionally, they highlight the contributions of immigrants and naturalized citizens to North Carolina's economy, with a collective spending power of $22 billion and tax contributions surpassing $7 billion.
The amendment has been linked to the “great replacement theory," a conspiracy theory rooted in white nationalism and anti-Semitism. Critics argue that it fuels unfounded fears of noncitizens illegally voting and targets vulnerable communities. Some worry that removing the term "naturalization" from voting qualifications may deter naturalized citizens from voting and mirror efforts to undermine their voting rights.
Despite these concerns, the amendment received bipartisan support in the state legislature, and it will be on the ballot for voters to decide in the 2024 general election. If approved by a majority of voters, the amendment will go into effect on January 1, 2025. However, organizations like Democracy NC are urging voters to reject the amendment, emphasizing the security and accessibility of elections in North Carolina, which are safeguarded by the State Board of Elections.
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Voter confusion
The 2024 North Carolina ballot includes a citizen-only voting amendment, which has sparked some confusion among voters. The proposed amendment reads: "Constitutional amendment to provide that only a citizen of the United States who is 18 years of age and otherwise possesses the qualifications for voting shall be entitled to vote at any election in this state."
The amendment aims to change the language in the state constitution to remove references to "naturalized citizens" and instead state that "only" a U.S. citizen can vote. This has caused concern among some voters, who worry that it might affect naturalized citizens' voting rights or change the voting age. However, legal experts and opponents of the measure have clarified that this is not the case and that the amendment would not change existing voting laws.
The confusion surrounding the amendment has been exacerbated by the spread of misinformation and a long-debunked myth about non-citizen participation in elections. Despite it being illegal and exceedingly rare for non-citizens to vote in federal and state elections, some have claimed that this is a growing problem. These claims have been largely championed by Republicans, while Democrats have criticized the amendment as unnecessary and potentially harmful to immigrant communities.
Advocacy groups and opponents of the amendment argue that it will create unnecessary barriers for eligible voters and sow confusion among immigrant voters who are legally allowed to vote. They also worry that it will further erode confidence in the electoral system and promote anti-immigration sentiments. Supporters of the amendment, on the other hand, argue that it is necessary to ""shut the door" on any potential legal challenges and protect the integrity of elections.
With early voting already underway in North Carolina, voters are encouraged to understand the facts and implications of the amendment before casting their ballots. It is important for voters to recognize the potential impact of their decision on the state's constitution and the message it sends to immigrant communities.
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Frequently asked questions
The constitutional amendment in the NC election is about changing the state constitution's language on who can vote in elections.
The current language in the North Carolina Constitution states that voting is limited to "every person born in the United States and every other person who has been naturalized, 18 years of age."
The new language would state that "only a citizen of the United States who is 18 years of age and otherwise possesses the qualifications for voting shall be entitled to vote at any election in this state."
Supporters of the amendment argue that it is necessary to "shut the door" on any potential legal challenges to voting restrictions. Opponents argue that it is unnecessary and will sow confusion among immigrant voters who are legally allowed to vote.
The amendment would not change existing voting laws. It is already illegal for non-citizens to vote in federal and state elections. However, opponents argue that the amendment may create a chilling effect on new citizens' desire to vote.
