Blogs

  Blog   Government

Upcoming Constitutional Amendments—What You Need To Know

North Carolinians will be voting this November on whether to amend the State Constitution in a myriad of ways. The variety of topics and the process by which the six separate questions have been brought to the ballot have left many voters confused. In fact, a recent poll found that 62 percent of North Carolinians had heard nothing or very little about the amendments.

In an effort to help clear the air, NC Family has put together the following information including a brief explanation of each amendment, how each amendment will appear on the ballot, a link to the full language of each amendment, and a link to the official explanation of each amendment. The explanations below are not intended to express support for or opposition to any of these amendments, but rather to provide information to help voters better understand the questions they will encounter on the 2018 General Election ballot.

1) Protect Right to Hunt and Fish.  This amendment would recognize that “the right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good.” This right would be subject to the laws passed by the General Assembly intended to “(i) promote wildlife conservation and management and (ii) preserve the future of hunting and fishing.”

How it will appear on the ballot:

“[ ] FOR [ ] AGAINST

Constitutional amendment protecting the right of the people to hunt, fish, and harvest wildlife.”

 

Here is the Full Amendment Language

Here is the Official Explanation

2) Strengthening Victims’ Rights.  The North Carolina Constitution currently guarantees victims of certain crimes with certain rights dealing with their status as a victim. This amendment would expand those rights and the types of crimes that would trigger victims’ rights protections. These expanded rights would include having notice of court proceedings, being present at court proceedings, and having the opportunity to participate in certain aspects of court proceedings.

How it will appear on the ballot:

“[ ] FOR [ ] AGAINST

Constitutional amendment to strengthen protections for victims of crime; to establish certain absolute basic rights for victims; and to ensure the enforcement of these rights.”

Here is the Full Amendment Language

Here is the Official Explanation

3) Cap Maximum State Income Tax at 7 Percent.  This amendment would reduce the maximum state income tax rate (personal and corporate) from 10 percent to 7 percent. This change would have no immediate impact on current income taxes, nor would it impact sales taxes, property taxes, or federal taxes. Instead, it would “limit how much the state income tax rate could go up.” The current individual tax rate is 5.499 percent, and the current corporate tax rate is 3 percent.

How it will appear on the ballot:

“[ ] FOR [ ] AGAINST

Constitutional amendment to reduce the income tax rate in North Carolina to a maximum allowable rate of seven percent (7%).”

Here is the Full Amendment Language

Here is the Official Explanation

4) Require Photo ID to Vote.  This amendment would require a photographic identification in order to vote in person. If this amendment were to pass, the General Assembly would “enact general laws governing the requirements of such photographic identification, which may include exceptions.” The General Assembly passed an election reform  law in 2013 that in part would have required a photo ID to vote, but that law was ruled unconstitutional by a federal court.

How it will appear on the ballot:

“[ ] FOR [ ] AGAINST

Constitutional amendment to require voters to provide photo identification before voting in person.”

Here is the Full Amendment Language

Here is the Official Explanation

5) Nonpartisan Judicial Merit Commission.  This amendment would change the way judicial vacancies are filled in North Carolina. Presently, all judges are elected; and if a judge is unable to fulfill his or her full term, the Governor appoints a new judge to fill the vacant office until the next election. The proposed amendment would establish state and local “Nonpartisan Judicial Merit Commissions” that would play a primary role in seating judges to fill unexpired terms on state and local trial courts.

If the amendment passes, candidates “shall be nominated on merit by the people of the State… in a manner prescribed by law.” Then the judicial merit commission will “evaluate each nominee without regard to the nominee’s partisan affiliation, but rather with respect to whether that nominee is qualified or not qualified to fill the vacant office.” The evaluations will then be forwarded to the General Assembly, which will then recommend to the Governor “at least two… nominees deemed qualified by a nonpartisan commission.” The Governor would then “appoint the nominee [he or she] deems best qualified.” If the Governor does not make an appointment within 10 days, the General Assembly will elect the appointee.

Under current law, appointed judges serve until the next election, which could be up to 2 years. Under the proposed amendment, appointed judges would hold their offices “until the next election following the election for members of the General Assembly held after the appointment occurs… ,” which could be up to 4 years.

The state-level “Nonpartisan Judicial Merit Commission” will consist of no more than 9 members “whose appointments shall be allocated between the Chief Justice of the Supreme Court, the Governor, and the General Assembly, as prescribed by law. None of the appointers “shall be allocated a majority of appointments.”

How it will appear on the ballot:

“[ ] FOR [ ] AGAINST

Constitutional amendment to change the process for filling judicial vacancies that occur between judicial elections from a process in which the Governor has sole appointment power to a process in which the people of the State nominate individuals to fill vacancies by way of a commission comprised of appointees made by the judicial, executive, and legislative branches charged with making recommendations to the legislature as to which nominees are deemed qualified; then the legislature will recommend at least two nominees to the Governor via legislative action not subject to gubernatorial veto; and the Governor will appoint judges from among these nominees.”

Here is the Full Amendment Language

Here is the Official Explanation 

6) Bipartisan Board of Ethics and Elections.  Under current law, North Carolina has a nine-member Bipartisan Board of Ethics and Elections, which administers ethics and elections law. The Governor appoints eight of the nine members from nominees provided by the state’s two largest political parties and also appoints a ninth member, who is nominated by the other eight members of the board and is not a member of a political party.

This amendment would change the makeup of the board from nine members to eight by removing the non-party member, and it would modify the nomination process. If the amendment passes, the legislature would nominate potential members and the Governor would select members from these nominations–four from each of the state’s two largest political parties.

How it will appear on the ballot:

“[ ] FOR [ ] AGAINST

Constitutional amendment to establish an eight-member Bipartisan Board of Ethics and Elections Enforcement in the Constitution to administer ethics and elections law.”

Here is the Full Amendment Language

Here is the Official Explanation

SHARE THIS ON FACEBOOKSHARE THIS ON TWITTER

Receive Our Legislative Alerts