Understanding North Carolina's Constitutional Amendments

The North Carolina Constitution is the state constitution of North Carolina, which outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The current North Carolina Constitution, which was adopted in 1971, has been amended several times. Amendments to the North Carolina Constitution can be proposed by the General Assembly or a Convention of the People, and they must be approved by a majority vote of qualified voters in the state. Some notable amendments include the establishment of a bipartisan Board of Ethics and Elections Enforcement, the protection of the right to hunt, fish, and harvest wildlife, and the requirement of photo identification for in-person voting.

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Voting rights

The North Carolina constitutional amendment, also known as the citizen-only voting amendment, proposes to modify the qualifications to vote by removing the phrase "every person born in the United States and every person who has been naturalized" and replacing it with "only a citizen of the United States". This amendment seeks to clarify that only US citizens, who are 18 years of age, can vote in North Carolina elections.

Supporters of the amendment argue that it is necessary to prevent non-citizens from voting and to shut down any potential legal challenges that may arise. They believe that the amendment provides clarity and ensures that only those who are legally allowed to vote can participate in elections.

However, opponents of the amendment argue that it is unnecessary and will create confusion among immigrant voters who are legally allowed to vote. They believe that the amendment could prevent naturalized citizens from understanding their right to vote and may even challenge their voting rights in state elections. There are concerns that the removal of the term "naturalization" from the constitutional voting qualifications may disproportionately impact naturalized citizens' voting rights.

The amendment has sparked a debate between those who see it as a way to secure voting rights for citizens and those who worry about its potential impact on naturalized citizens' voting rights and the broader immigrant community. The ballot measure has received support from Republican lawmakers and faced opposition from advocacy groups and Democrats.

Ultimately, the voters of North Carolina will decide on the fate of this amendment, which has been included on the 2024 General Election ballot.

Rights and freedoms

The North Carolina Constitution has recognised and protected the rights and freedoms of its citizens since 1776. The state has had three constitutions, with the current version, ratified in 1971, amended over 40 times.

Article I of the North Carolina Constitution is entitled "Declaration of Rights" and contains 38 sections, each outlining a separate recognised right. Many of these sections expand upon the rights covered by the United States Bill of Rights.

The rights and freedoms enshrined in the North Carolina Constitution include freedom of religion, freedom of speech, freedom of the press, and the right to public education. Citizens also have the right to open courts, and the right to remedy by due course of law. The constitution guarantees equal protection under the law and prohibits discrimination based on race, colour, religion, or national origin.

The right to bear arms is also protected by the North Carolina Constitution, though this was not heavily debated during the drafting of the document. The right to vote is guaranteed, with qualifications for registration and guidelines for the formation of voting districts outlined.

The constitution also includes a provision for the separation of powers, ensuring that the legislative, executive, and supreme judicial powers of the state government remain distinct and separate. This helps to protect citizens' rights and freedoms by preventing the concentration of power in a single authority.

Judicial nominations

The North Carolina Constitution is the state constitution of North Carolina. The current North Carolina Constitution was adopted in 1971 and has been amended 37 times, with 42 amendments since 1971 according to another source. The North Carolina Constitution can be amended with a legislative or convention-referred constitutional amendment, both of which require voter approval. The primary way to amend the Constitution of the State of North Carolina is by a vote of the qualified voters of the state. The General Assembly first passes a law by a three-fifths vote of the members of both the House and the Senate. The law puts an amendment to the Constitution on a statewide election ballot on a specified date.

One of the amendments to the North Carolina Constitution concerns judicial nominations. Session Law 2018-132 is an act to amend the North Carolina Constitution to provide for nonpartisan judicial merit commissions for the nomination and recommendation of nominees when filling vacancies in the office of justice or judge of the General Court of Justice. This amendment also makes other conforming changes to the constitution.

The North Carolina Constitution has 14 articles. Article IV is entitled "Judicial" and vests all executive authority in the governor. The duties of the governor are defined, as is the process of succession should the governor die or become incapacitated. Holders of the governor's office are limited to two consecutive terms. The "Council of State," a cabinet-like body, is filled with eight popularly elected officials. This article also defines and mandates a balanced budget.

The North Carolina Constitution also includes an article on "Suffrage And Eligibility To Office" (Article VI) and another on "Local Government" (Article VII). These articles likely contain further details on the nomination and election process for judicial offices.

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Ethics and elections enforcement

In 2018, North Carolina voters were asked to consider six proposed amendments to the state constitution. One of these was a "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 proposed to change the make-up of the State Board of Elections and Ethics Enforcement, reducing the number of members from nine to eight, with an equal split of four Democrats and four Republicans, and eliminating the independent member. The amendment also sought to shift the power to appoint members from the governor to the legislature.

Supporters of the amendment argued that it would bring needed bipartisanship to a divided board and prevent overreach by the governor. However, critics, including the ACLU of North Carolina, claimed that it was a partisan power grab by the Republican-led General Assembly, threatening the separation of powers between the executive and legislative branches. They also pointed to the sloppily worded and vague language of the amendment, which could create confusion and uncertainty in election enforcement.

The background to this amendment dates back to the election of Democratic Governor Roy Cooper in 2016. Following his victory, Republican lawmakers sought to change the system of overseeing elections and enforcing ethics laws, arguing for more bipartisanship. They proposed a new board arrangement, which was challenged in court and ultimately resulted in a nine-member merged board, with four members from each party and an independent ninth member.

The proposed amendment in 2018 aimed to remove the independent member and shift the appointment power to the legislature, which was seen as an attempt to limit the governor's influence and silence the voices of unaffiliated and third-party voters. It was also criticised for being rushed and lacking proper debate or explanation of its potential impact.

Tax rate on incomes

The North Carolina State Legislature referred the constitutional amendment to the ballot in 2018, which aimed to lower the maximum allowable income tax rate. The amendment was one of six constitutional amendments put to the ballot in the North Carolina midterm elections.

The amendment proposed to lower the maximum income tax rate from 10% to 7%. The state Senate initially passed the amendment to lower the cap on the income tax rate to 5.5%, but the House Finance Committee changed the cap to 7%, which the state House approved. The state Senate then concurred.

The amendment was supported by most legislative Republicans (97%) and opposed by most legislative Democrats (95%). Republicans argued that the amendment would protect taxpayers from future tax hikes, improve the business climate, and restore a budget surplus. They also argued that low-tax policies benefit every North Carolinian.

However, the amendment faced criticism from Democrats and left-wing critics, who argued that it would primarily benefit the wealthy at the expense of everyone else. They also argued that it would shift the tax burden to counties and force a hike in fees, property taxes, and sales taxes. In addition, they pointed out that the existing income tax cap had not limited the tax burden, as the General Assembly had never considered raising the top rate.

The amendment was approved by voters in the November 2018 election. However, in February 2019, a judge ruled the amendment unconstitutional due to racial gerrymandering.

In 2024, the North Carolina General Assembly considered another constitutional amendment to lower the maximum income tax rate to 5%. This amendment was approved by the Senate Committee on Redistricting and Elections and was set to appear on the November ballot. Critics argued that this amendment would lock in legislated income tax cuts that had already shifted the tax load onto middle- and low-income North Carolinians, benefiting large corporations and wealthy households. They also pointed out that lowering the income tax cap would make it difficult for the state to generate sufficient revenue to meet community needs, such as funding for public schools.

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