North Carolina Right to Hunt and Fish Amendment (2018)

Elections in North Carolina, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 12
• Early voting: Oct. 17 - Nov. 3
• Absentee voting deadline: Nov. 6

• Online registration: No
• Same-day registration: No
• Voter ID: No
• Poll times: 6:30 a.m. to 7:30 p.m.

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North Carolina Right to Hunt and Fish Amendment
Election date November 6, 2018
Topic Hunting and fishing
Status a Approved
Type Constitutional amendment	Origin State legislature
List of North Carolina measuresNorth Carolina Income Tax CapNorth Carolina Judicial SelectionNorth Carolina Appointments to Elections BoardNorth Carolina Marsy's LawNorth Carolina Right to Hunt and FishNorth Carolina Voter IDSubmit

The North Carolina Right to Hunt and Fish Amendment was on the ballot in North Carolina as a legislatively referred constitutional amendment on November 6, 2018. It was approved.

A "yes" vote supported creating a state constitutional right to hunt, fish, and harvest wildlife for North Carolina residents.

A "no" vote opposed creating a state constitutional right to hunt, fish, and harvest wildlife for North Carolina residents.

Election results

North Carolina Right to Hunt and Fish Amendment
Result		Votes	Percentage
Yes		2,083,123	57.13%
No		1,563,090	42.87%

Results are officially certified.

Source

Aftermath

Oates v. Berger

Tim Oates filed a lawsuit in 2020 alleging that state law prohibiting hunting during a three-hour window on Sunday mornings and prohibiting all hunting within 500 feet of a church, violated the right to hunt and fish. A superior court panel ruled against Oates, who appealed to the North Carolina Court of Appeals. On April 16, 2025, the Court of Appeals upheld the prior ruling that the states' laws surrounding hunting did not violate the constitutional right to hunt and fish.

Overview

What did this ballot measure add to the North Carolina Constitution?

The ballot measure established a state constitutional right to hunt, fish, and harvest wildlife for the people of North Carolina. The amendment subjected the right to hunt, fish, and harvest wildlife to statutes that, according to the amendment's text, promote wildlife conservation and management and preserve the future of hunting and fishing. The measure also declared that hunting and fishing are the preferred means of managing and controlling wildlife in North Carolina.

As of 2018, what states had a constitutional right to hunt and fish?

As of 2018, 21 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 20 states have all adopted right to hunt and fish amendments since 1996. The state constitutions of California and Rhode Island include constitutional amendments guaranteeing the right to fish, but not to hunt. Florida and New Hampshire had statutes establishing a right to hunt and fish, but not constitutional amendments.

Text of measure

Ballot title

The ballot title was as follows:

“

[ ] For [ ] Against Constitutional amendment protecting the right of the people to hunt, fish, and harvest wildlife.

”

Ballot summary

The ballot summary was as follows:

“

Right to Hunt and Fish This amendment would acknowledge the right to hunt, fish and harvest wildlife, and to use traditional methods to hunt, fish and harvest wildlife. The amendment does not define “traditional methods.” This right would be subject to laws passed by the Legislature and rules (i) to promote wildlife conservation and management and (ii) to preserve the future of hunting and fishing. If it passes, the amendment will not affect any laws regarding trespassing, property rights or eminent domain. The amendment does not address its effect on local laws concerning public safety or on commercial hunting and fishing. The amendment would also establish that public hunting and fishing are a preferred means of managing and controlling wildlife.

”

Constitutional changes

See also: Article V, North Carolina Constitution

The measure added a Section 38 to Article I of the North Carolina Constitution. The following text was added:

Sec. 38. Right to hunt, fish, and harvest wildlife.

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. The people have a right, including the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to laws enacted by the General Assembly and rules adopted pursuant to authority granted by the General Assembly to (i) promote wildlife conservation and management and (ii) preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. Nothing herein shall be construed to modify any provision of law relating to trespass, property rights, or eminent domain.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary 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 legislature and the NC Constitutional Amendments Publication Commission wrote the ballot language for this measure. The FKGL for the ballot title is grade level 11, and the FRE is 42. The word count for the ballot title is 14, and the estimated reading time is 3 seconds. The FKGL for the ballot summary is grade level 7, and the FRE is 60. The word count for the ballot summary is 120, and the estimated reading time is 32. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Supporters

Officials

The following state legislators sponsored the amendment:

• Sen. Norman Sanderson, Jr. (R-2)
• Sen. Danny Earl Britt (R-13)
• Sen. Tom McInnis (R-25)
• Sen. Tommy Tucker (R-35)

Organizations

• National Rifle Association

Arguments

The National Rifle Association Institute for Legislative Action issued the following statement in support of the amendment:

“

Hunting, fishing, and harvesting wildlife are not only cherished American traditions, but when paired with science, are an integral part of wildlife management and conservation. Unfortunately, misguided extremists have been trying for decades to incrementally or outright ban hunting, fishing, and harvesting wildlife. This amendment guarantees the sporting traditions that you have enjoyed will still be around for future generations of Americans and that regulations will always be based on sound science.

”

Opposition

Opponents

Officials

• Gov. Roy Cooper (D)
• Rep. Marcia Morey (D-30)

Parties

• North Carolina Democratic Party

Arguments

• Sen. Floyd McKissick (D-20), who voted against the amendment in the state legislature, said the amendment was unnecessary. He stated, "There is no present threat. We have really no more rights after it's passed."
• Rep. Marcia Morey (D-30) stated, "Hunting and fishing rights are not in jeopardy and even legislators who voted for this bill agreed it is unnecessary. This amendment has unintended consequences that can harm our state’s wildlife by overruling sensible restrictions on trapping, poisoning and other cruel practices."

Campaign finance

Total campaign contributions:
Support:	$0.00
Opposition:	$9,266,902.46

See also: Campaign finance requirements for North Carolina ballot measures

There was no ballot measure committee registered in support of the measure.

By the People and Stop Deceptive Amendments were registered in opposition to the measure, as well as each of the other five amendments on the ballot in North Carolina. Therefore, the committees were raising and spending funds on each of the measures. Together, the committees had raised $9.27 million and expended $9.17 million.

Opposition

Committees in opposition to the Right to Hunt and Fish Amendment Opposing committees Cash contributions In-kind services Cash expenditures By the People $1,100,342.25 $327,978.21 $1,092,925.74 Stop Deceptive Amendments $7,819,291.00 $19,291.00 $7,731,669.00 Total $8,919,633.25 $347,269.21 $8,824,594.74

Totals in opposition Total raised: $9,266,902.46 Total spent: $9,171,863.95

Donors

The following were the top six donors who contributed to the opposition committees:

Donor	Cash	In-kind	Total
Sixteen Thirty Fund	$3,500,000.00	$0.00	$3,500,000.00
State Engagement Fund	$1,650,000.00	$3,680.25	$1,650,000.00
NC Citizen’s For Protecting Our Schools	$775,000.00	$0.00	$775,000.00
America Votes	$750,000.00	$9,549	$759,549.00
Open Society Policy Center, Inc.	$500,000.00	$0.00	$500,000.00
National Education Association	$500,000.00	$0.00	$500,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: 2018 ballot measure polls

North Carolina Right to Hunt and Fish Amendment (2018)
Poll	Support	Oppose	Undecided	Margin of error	Sample size
SurveyUSA October 2, 2018 - October 8, 2018	64.0%	21.0%	16.0%	+/-4.8	561
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

See also: History of right to hunt and fish constitutional amendments

As of November 2024, 24 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 22 states have adopted right to hunt and fish amendments since 1996. The state constitutions of California and Rhode Island include amendments guaranteeing the right to fish, but not to hunt.

List

The following is a list of state ballot measures to adopt right to hunt and fish amendments:

State	Year	Type	Title	Description	Result	Yes Votes	No Votes
FL	2024	LRCA	Amendment 2	Provide for a state constitutional right to hunt and fish	a	6,941,307 (67%)	3,365,987 (33%)
UT	2020	LRCA	Constitutional Amendment E	Provide for a state constitutional right to hunt and to fish	a	1,063,212 (75%)	355,848 (25%)
NC	2018	LRCA	Right to Hunt and Fish Amendment	Provide for a state constitutional right to hunt, fish, and harvest wildlife	a	2,083,123 (57%)	1,563,090 (43%)
IN	2016	LRCA	Public Question 1	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	1,893,467 (79%)	492,300 (21%)
KS	2016	LRCA	Constitutional Amendment 1	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	926,970 (81%)	213,104 (19%)
TX	2015	LRCA	Proposition 6	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	1,260,763 (81%)	294,973 (19%)
AL	2014	LRCA	Amendment 5	Provide for a state constitutional right to hunt, fish, and harvest wildlife, including traditional methods	a	789,777 (80%)	199,483 (20%)
MS	2014	LRCA	HCR 30	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	524,423 (88%)	71,683 (12%)
ID	2012	LRCA	HJR 2	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	456,514 (73%)	165,289 (27%)
KY	2012	LRCA	Amendment	Provide for a state constitutional right to hunt, fish, and harvest wildlife	a	1,298,340 (84%)	238,320 (16%)
NE	2012	LRCA	Amendment 2	Provide for a state constitutional right to hunt, fish, and harvest wildlife	a	557,534 (77%)	169,250 (23%)
WY	2012	LRCA	Amendment B	Provide for a state constitutional right to harvest wild bird, fish, and game	a	212,561 (89%)	25,564 (11%)
AR	2010	LRCA	Amendment 1	Provide for a state constitutional right to hunt, fish, trap, and harvest wildlife	a	612,495 (83%)	127,444 (17%)
AZ	2010	LRCA	Proposition 109	Provide for state constitutional right to hunt, fish, and harvest wildlife		714,144 (44%)	926,991 (56%)
SC	2010	LRCA	Amendment 1	Provide for a state constitutional right to hunt, fish, and harvest wildlife	a	1,126,228 (89%)	139,668 (11%)
TN	2010	LRCA	Amendment	Provide for state constitutional right to hunt and fish	a	1,255,840 (87%)	181,465 (13%)
OK	2008	LRCA	State Question 742	Establish a constitutional right to hunt, trap, fish, and take game, granting authority to the Wildlife Conservation Commission.	a	1,082,341 (80%)	269,787 (20%)
GA	2006	LRCA	Amendment 2	Preserve the ability to fish and hunt in Georgia and ensure it is managed by law and regulation for the public good	a	1,626,226 (81%)	379,024 (19%)
LA	2004	LRCA	Question 1	Provide for a state constitutional right to hunt, fish, and trap	a	1,195,445 (81%)	279,926 (19%)
MT	2004	LRCA	C-41	Provide for a state constitutional right to harvest wild fish and game	a	345,505 (81%)	83,185 (19%)
WI	2003	LRCA	Question 1	Provide for a state constitutional right to hunt, fish, trap, and take game	a	668,459 (82%)	146,182 (18%)
ND	2000	LRCA	Measure 1	Provide for a state constitutional right to hunt, fish, trap, and take game	a	206,443 (77%)	61,531 (23%)
VA	2000	LRCA	Question 2	Provide for a right to hunt, fish, and harvest game	a	1,448,154 (60%)	970,266 (40%)
MN	1998	LRCA	Amendment 3	Provide for a state constitutional right to hunt, fish, and take game	a	1,570,720 (77%)	462,749 (23%)
AL	1996	LRCA	Amendment 1	Provide for a state constitutional right to hunt and fish	a	955,149 (81%)	218,350 (19%)

Map

The following map shows which states have constitutional rights to hunt and fish in their state constitutions:

Path to the ballot

See also: Amending the North Carolina Constitution

In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each house of the North Carolina Legislature during one legislative session.

The amendment was introduced into the legislature as Senate Bill 677 (SB 677) on June 6, 2017.

On June 20, 2018, the state Senate voted 44 to 4, with two members abstaining, to pass SB 677. At least 30 affirmative votes were needed to pass the bill.

The North Carolina House of Representatives approved an amended version of SB 677 on June 25, 2018. The vote was 92 to 23 with five members absent or abstaining. At least 72 votes were needed to pass the bill. As the state House amended SB 677, a concurrence vote was required in the state Senate.

On June 25, 2018, the state Senate voted 41 to 6, with three members absent or abstaining, to pass the amended version of SB 677.

As the constitutional amendment received more than a 60 percent vote in each chamber of the state legislature, the measure was referred to the ballot for the election on November 6, 2018.

Vote in the North Carolina House of Representatives June 25, 2018
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 72  a
	Yes	No	Not voting
Total	92	23	5
Total percent	76.67%	19.17%	4.17%
Democrat	19	23	3
Republican	73	0	2

Vote in the North Carolina State Senate June 25, 2018
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 30  a
	Yes	No	Not voting
Total	41	6	3
Total percent	82.00%	12.00%	6.00%
Democrat	8	6	1
Republican	33	0	2

How to cast a vote

See also: Voting in North Carolina

Poll times

In North Carolina, polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. Any voter who is standing in line at the time polls close must be permitted to vote.

Registration requirements

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 not be serving a felony sentence, including probation and parole 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.

Voter registration services are also provided by the following agencies:

• 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

Automatic registration

North Carolina does not practice automatic voter registration.

Online registration

See also: Online voter registration

North Carolina has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

North Carolina allows same-day voter registration during the early voting period only.

Residency requirements

Prospective voters must reside in the county in which they are registering to vote for at least 30 days before the election.

Verification of citizenship

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

North Carolina does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who fraudulently or falsely registers is guilty of a "Class I felony under Chapter 163 of the NC General Statutes."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The North Carolina State Board of Elections allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

North Carolina requires voters to present photo ID when voting.

Note: According to the Board of Elections website, "On April 28, 2023, the North Carolina Supreme Court reversed an injunction against implementation of photo ID legislation. As a result, photo ID laws enacted in 2018 and 2019 will be implemented moving forward, starting with the municipal elections in September, October, and November 2023. A separate federal case challenging the same laws is pending, but no injunction against the laws exists in that case." The injunction was issued on December 16, 2022.

The following documents were acceptable forms of identification as of May 2024:

“

Any of the following that is unexpired, or expired for one year or less: North Carolina driver’s license State ID from the NCDMV (also called “non-operator ID”) Driver’s license or non-driver ID from another state, District of Columbia, or U.S. territory (only if voter registered in North Carolina within 90 days of the election) U.S. Passport or U.S. Passport card North Carolina voter photo ID card issued by a county board of elections (...) College or university student ID approved by the State Board of Elections (...) State or local government or charter school employee ID approved by the State Board of Elections (...) Note: A voter 65 or older may use an expired form of acceptable ID if the ID was unexpired on their 65th birthday. Any of the following, regardless of whether the ID contains an expiration or issuance date: Military or veterans ID card (with photo) issued by the U.S. government Tribal enrollment card (with photo) issued by a tribe recognized by the State of North Carolina or the federal government ID card (with photo) issued by an agency of the U.S. government or the State of North Carolina for a public assistance program (Note: Although this is an acceptable form of ID under North Carolina law, the State Board is not aware of any such ID in circulation that contains a photo. All IDs for voting are required to have a photo.)

”

For a list of acceptable student and public employee IDs, click here.

See also

2018 measures

• 2018 ballot measures
• Hunting and fishing on the ballot

North Carolina

• North Carolina ballot measures
• North Carolina ballot measure laws
• Right to hunt and fish constitutional amendments

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Bill 677