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North Carolina Citizenship Requirement for Voting Amendment (2024)

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North Carolina Citizenship Requirement for Voting Amendment
Flag of North Carolina.png
Election date
November 5, 2024
Topic
Suffrage
Status
On the ballot
Type
Constitutional amendment
Origin
State legislature

The North Carolina Citizenship Requirement for Voting Amendment is on the ballot in North Carolina as a legislatively referred constitutional amendment on November 5, 2024.[1]

A "yes" vote supports amending the state constitution to provide that only U.S. citizens who are 18 years old or older can vote in elections.

A "no" vote opposes amending the state constitution to provide that only U.S. citizens who are 18 years old or older can vote in elections, rather than every citizen.


Overview

What would the amendment change about voting in North Carolina?

See also: Text of measure

This measure would prohibit local governments from allowing noncitizens to vote by providing in the state constitution that only a citizen of the U.S., rather than every citizen of the U.S., can vote.[1]

What do other state constitutions say about suffrage and citizenship?

See also: State constitutions on suffrage and citizenship

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[2]

All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 43 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In seven states (Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio) the states' constitutions provide that citizens, but not noncitizens, have the right to vote. In 2018, 2020, and 2022, constitutional amendments to state that only a citizen (rather than every citizen) may vote were approved in six states.

Are other states voting on similar measures in 2024?

See also: Background

Bans on noncitizen voting at the state level have become more frequent since 2018. Voters in six states approved ballot measures banning noncitizen voting from 2018 to 2022. In 2024, eight state legislatures referred constitutional amendments to the ballot to prohibit the state or local governments from allowing non-citizen voting. The eight states are Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin.

As of 2024, municipalities in California, Maryland, and Vermont, along with Washington, D.C., allowed noncitizens to vote in some local elections. In November, voters in Santa Ana, California, will decide on a ballot measure to allow noncitizens to vote in municipal elections.

Jack Tomczak, Vice President of Americans for Citizen Voting, which supports the ballot measures, said, "We, and legislators who sponsor these, are getting ahead of fixing a problem that maybe has not reared its head as much in these states. It’s not like it’s happening everywhere and it must be stopped immediately. But preemption is not a bad thing." Jonathan Diaz, Director of Voting Advocacy for the Campaign Legal Center, said, "These proposed constitutional amendments are aimed really at two things: preventing local governments in those states from allowing non-U.S. citizens to vote in local elections, and advancing this false narrative that non-U.S. citizens are somehow participating in U.S. elections in large numbers, which is totally unsupported by any evidence or facts."[3]

Text of measure

Ballot title

The ballot title for the amendment is as follows:[1]

[ ] FOR [ ] AGAINST

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.[4]

Constitutional changes

See also: Article VI, North Carolina Constitution

The measure would amend Section 1 of Article VI of the state constitution. The following struck-through text would be deleted and underlined text would be added:[5]

Every person born in the United States and every person who has been naturalized, Only a citizen of the United States who is 18 years of age, age and possessing the qualifications set out in this Article, shall be entitled to vote at any election by the people of the State, except as herein otherwise provided.[4]

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 12, and the FRE is 42. The word count for the ballot title is 37.


Support

Supporters

Officials

Organizations

  • Fair Elections Fund


Arguments

  • State Rep. Destin Hall (R-87): Rep. Hall said the state constitution's current language “may be a floor up rather than the ceiling of who can vote,” and that “the fear is that some future court could decide that that’s not a limitation on everybody who can vote.”


Opposition

Opponents

Officials

Organizations

  • Carolina Forward
  • Carolina Migrant Network
  • Common Cause North Carolina
  • Democracy North Carolina
  • Down Home North Carolina
  • El Pueblo
  • League of Women Voters of North Carolina
  • NC Megaphone
  • North Carolina Asian Americans Together
  • North Carolina Justice Center
  • Sierra Club North Carolina


Arguments

  • State Rep. Pricey Harrison (D): "I feel like we’re chasing a problem that doesn’t exist. It just seems like we are creating a situation that might be chilling new citizens’ desire to vote."
  • Ann Webb of Common Cause North Carolina: "[The measure is] an attempt to spread lies that cast doubt on our elections and divide us, fostering an environment where prejudice and violence can thrive.”
  • Demoracy North Carolina: "The 'citizens only voting' constitutional amendment ignores state and federal laws that already require U.S. citizenship to vote and robust election safeguards that ensure only qualified U.S. citizens cast ballots in our elections. [The amendment] sows division across communities, promotes creates mistrust in our elections, and perpetuates anti-immigration hate and racism."
  • Demoracy North Carolina Policy Director Katelin Kaiser: "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."
  • League of Women Voters of North Carolina: "The amendment builds on unfounded anti-immigrant fears and conspiracy theories that non-citizens are committing widespread voter fraud and threatening our elections. Existing North Carolina law makes it illegal for non-citizens to vote. Therefore, the proposed N.C. constitutional amendment prohibiting non-citizens from voting points to a problem that does not exist. "
  • Jasmina Nogo, Staff Attorney with the Immigrant & Refugee Rights Project at the NC Justice Center: "As an immigrant to North Carolina who went through the grueling process of naturalization so that I could become a citizen and participate in democracy by voting, I fear that this proposed change in the language of our constitution is a stepping stone to further disenfranchising and disempowering us and our communities."
  • North Carolina Asian Americans Together: "As a community of immigrants and descendents of immigrants, the fear and hatred that the “Citizens-only Amendment” will invite will affect Asian Americans in North Carolina greatly. We’ve seen how racist and xenophobic rhetoric has incited discrimination and violence on immigrant communities. ... This amendment creates confusion and brings the voting rights of naturalized citizens into question. By removing the term 'naturalization' from the North Carolina constitution, this opens the door for future attacks on naturalized citizens’ constitutional right to vote. Right now, we’re already seeing efforts to prevent naturalized citizens from voting – including attempts to remove the names of thousands of eligible naturalized voters from voter rolls."
  • Down Home North Carolina: "When politicians don't have policy, they turn to divide and conquer tactics to keep us from working together. But we knew that already, didn't we? Its already illegal for non-citizens to vote. There's already a process for checking identities at the polls. This amendment removes language that allows naturalized U.S. citizens from voting, and invites more bias and prejudice to our system, further impacting the working class people of North Carolina."


Campaign finance

See also: Campaign finance requirements for North Carolina ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00


Background

Voting in North Carolina

See also: Voting in North Carolina
Check your voter registration status here.

To register to vote in North Carolina, each applicant must be a United States citizen, a resident of the county in which they are registering to vote for at least 30 days before the election, be at least 16 years old at the time of application and at least 18 years old by the time of the subsequent general election, and bot be serving a felony sentence, including probation and parole [6][7] The North Carolina voter registration application is available online.

Voter registration applications can be completed online or submitted to the appropriate county board of elections. Applications must be submitted at least 25 days before the election, but voters can also register and vote on the same day during the early voting period, but not on Election Day.[8]

Voter registration services are also provided by the following agencies:[9]

  • Division of Motor Vehicles (DMV)
  • Division of Services for the Blind
  • Division of Services for the Deaf and Hard of Hearing
  • Division of Health Benefits
  • Division of Child and Family Well-Being/WIC
  • Division of Social Services
  • Division of Rehabilitation Services
  • Division of Employment Security (DES)
  • Division of State Operated Healthcare Facilities


Citizenship voting requirement ballot measures

Since 2018, voters have decided on six ballot measures related to adding language about citizenship requirements for voting. Voters approved all six measures with at least 62.9% of the vote. In 2024, eight states are voting on ballot measures addressing citizenship requirements for voting.


Partisanship of legislative votes on referred measures

The following table shows the percentage of Democratic and Republican legislators that supported referring constitutional amendments to the state's ballot requiring citizenship to vote. The average percent of Republican support was 100% while the average percent of Democratic support was 45.6%.

In Alabama and Iowa, legislators passed the referrals with unanimous support from both parties.

State constitutions on suffrage and citizenship

All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 43 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In seven states (Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio) the states' constitutions provide that citizens, but not noncitizens, have the right to vote.

Noncitizen-voting in the United States

See also: Laws permitting noncitizens to vote in the United States

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[2]

Fifteen municipalities across the country allowed noncitizens to vote in local elections as of January 2022. Eleven were located in Maryland, two were located in Vermont, one was New York City, and the other was San Francisco, California. San Francisco allowed noncitizens to vote in school board elections by approving Proposition N in 2016. On January 9, 2022, New York City Mayor Eric Adams signed a bill that would allow noncitizens to vote in municipal elections starting in January 2023.[10]

Path to the ballot

See also: Amending the North Carolina Constitution

North Carolina requires a 60 percent vote in each legislative chamber during a single legislative session to refer a constitutional amendment to the ballot. That amounts to a minimum of 72 votes in the North Carolina House of Representatives and 30 votes in the North Carolina Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

The constitutional amendment was introduced as House Bill 1074. It was approved in the House on June 27, 2024, by a vote of 99-12 with nine. The Senate approved the amendment on the same day by a vote of 40-4 with six members absent.[1]

Vote in the North Carolina House of Representatives
June 27, 2024
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 72  Approveda
YesNoNot voting
Total99129
Total percent82.5%10.0%7.50%
Democrat32124
Republican6705

Vote in the North Carolina State Senate
June 27, 2024
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 30  Approveda
YesNoNot voting
Total4046
Total percent80.0%8.0%12.0%
Democrat1046
Republican3000


How to cast a vote

See also: Voting in North Carolina

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in North Carolina.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 North Carolina State Legislature, "House Bill 1074," accessed June 28, 2024
  2. 2.0 2.1 Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed March 26, 2020
  3. NBC News, "GOP efforts to crack down on noncitizen voting extend to state ballot measures," September 14, 2024
  4. 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. Cite error: Invalid <ref> tag; no text was provided for refs named Overview
  6. 6.0 6.1 6.2 North Carolina State Board of Elections, “Registering to Vote,” accessed October 7, 2024
  7. 7.0 7.1 North Carolina State Board of Elections, “Who Can Register,” accessed October 7, 2024
  8. North Carolina State Board of Elections, “Register in Person During Early Voting,” accessed October 7, 2024
  9. North Carolina State Board of Elections, “National Voter Registration Act (NVRA),” accessed October 7, 2024
  10. The New York Times, "Noncitizens’ Right to Vote Becomes Law in New York City," January 9, 2022
  11. Justia, "NC Gen Stat § 163-166.01 (2022) Hours for voting," accessed May 1, 2023
  12. North Carolina State Board of Elections, “Register in Person During Early Voting,” accessed October 7, 2024
  13. North Carolina State Board of Elections, “National Voter Registration Act (NVRA),” accessed October 7, 2024
  14. 14.0 14.1 NCSL, "State Profiles: Elections," accessed August 30, 2024
  15. North Carolina State Board of Elections, “Register in Person During Early Voting,” accessed May 1, 2023
  16. Justia, “NC Gen Stat § 163-227.2 (2022),” accessed May 1, 2023
  17. 17.0 17.1 North Carolina State Board of Elections, "Voter ID," accessed May 1, 2023
  18. North Carolina State Board of Elections, “Voter ID,” accessed May 23, 2024