What is the 'citizens-only' amendment on the 2024 ballot in North Carolina?
RALEIGH, N.C. (WTVD) -- Early voting is underway across North Carolina.
On the 2024 ballot, North Carolina voters will see an amendment that would change the state constitution's current language on who can vote in elections.
It needs a majority vote from North Carolinians to be approved.
WHAT IS IT?
The proposed 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."
Voters can either vote 'for' or 'against' the amendment. If passed, it would change the language in North Carolina's constitution -- not the law. It is already illegal for noncitizens to vote in federal or state elections
The state constitution currently reads: "Every person born in the United States and every person who has been naturalized, 18 years of 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."
The change in wording from "every person born ... and every person who has been naturalized" to "only a citizen" would make no actual change to who can register and vote.
"There is no problem with noncitizens voting," said Jeff Mandell, an attorney with Law Forward, a nonprofit organization that advocates for voter rights. "It is the very definition of a solution in search of a problem."
WHY IS IT ON THE BALLOT?
The General Assembly passed HB 1074 with at least a three-fifths majority. It was led largely by Republicans, who hold supermajorities in the House and Senate.
North Carolina is among several states with GOP-led legislatures considering this voting amendment in this year's election.
Critics of the amendment say it's a ploy to further erode confidence in the electoral system.
North Carolina Justice Center called the measure "an unnecessary and anti-immigrant tactic that will further marginalize North Carolina's immigrant communities."
Democracy NC called on voters to vote against this amendment saying it "would distort our state constitution and unnecessarily rewrite a provision that has served North Carolina for more than a century."
North Carolina GOP supports the amendment.
In a news release, it says in part: "the disastrous policies of President Joe Biden and Democrats who support his failed record have demonstrated this amendment is needed as they have shown no interest in solving the problems at the Southern border or in protecting the integrity of our elections."
HAVE NONCITIZENS VOTED?
According to the Pew Research Center, over 25 million people living in the U.S. in 2020 were not U.S. citizens. This included approximately 12 million permanent residents, as well as 2 million temporary residents visiting the U.S. as students, tourists, foreign workers and foreign officials. Pew's figure also included approximately 11 million migrants living in the U.S. illegally.
A 1996 federal law already makes it illegal for noncitizens to vote in federal elections.
No state constitutions explicitly allow noncitizens to vote and many states have laws prohibiting them from voting in statewide races. State data also indicates voting by noncitizens is rare, although Republicans have highlighted voter registration reviews that turned up potential noncitizens.
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Texas Gov. Greg Abbott said in August that over 6,500 potential noncitizens had been removed from the state's voter rolls since 2021. Ohio Secretary of State Frank La Rose also said in August that he referred 138 apparent noncitizens found to have voted in a recent election for prosecution. And Alabama Secretary of State Wes Allen has said that 3,251 people previously identified as noncitizens by the federal government have been deactivated on the state's voter registration rolls.
Multiple municipalities in California, Maryland and Vermont as well as the District of Columbia allow noncitizens to vote in some local elections such as school board and city council races. Republicans fear more jurisdictions could follow.
