On the North Carolina ballot for the 2018 midterm elections, there are six proposed amendments to the state constitution that potentially have far-reaching consequences, sparking debate among voters.
“Some of the amendments could get challenged in court if they pass. They take power away from the governor [Democrat Roy Cooper],” Chapel Hill civics teacher Patrick Roeber said.
There are two amendments that might be deemed unconstitutional: one changing the process for filing judicial vacancies and the other calling for an overhaul to the Board of Ethics and Elections. The other four amendments would require photographic identification to vote, give the right to hunt and fish, lower the maximum state income tax and give more rights to victims.
Legislature to control judicial appointments
Currently, if a judge leaves office before the end of his or her term, the governor appoints a new judge. The proposed amendment takes away the governor’s power to select a replacement judge and gives the General Assembly control over such matters.
Under the proposed amendment, if a judge were to leave office before the end of his or her term, the General Assembly would choose at least two qualified candidates. The governor would have to choose one of the candidates within ten days; if no one is appointed in that time, the General Assembly would elect someone to fill the vacancy.
If passed, the amendment will apply to judges on the State Supreme Court, Court of Appeals and trial courts in each county.
Party leaders in legislature to control Ethics and Elections Board appointments; eliminate nonpartisan representation on the board
Currently, there are nine members of the bipartisan Board of Ethics and Election, appointed by the governor. The amendment proposes removing the ninth member and requiring the two biggest political parties, Democrats and Republicans, each to choose four members, creating a partisan split.
Require photographic identification to vote
Arguably the most controversial amendment would require citizens to present photographic identification when voting in-person. The amendment is similar to a General Assembly voter identification law ruled unconstitutional by a federal court in 2016 due to its effort to restrict African-American voters.
Right to hunt and fish
The amendment would give North Carolina citizens the legal right to hunt, fish and harvest wildlife in the state constitution and would make public hunting the preferred method of controlling wildlife. No clear efforts have been made to threaten the right to hunt and fish in North Carolina that would prompt such an amendment.
It also states that hunters may use “traditional methods” to hunt, though “traditional methods” are not clearly defined. The amendment would override other legislation restricting controversial hunting practices.
Cap maximum state income tax at seven percent
The proposed amendment sets the maximum state income tax at seven percent, lowering it three points from the current rate.
Current income tax rates would remain the same; personal exemptions and deductions would be allowed so that only net incomes would be taxed. The amendment would increase difficulties for the government if it sought to raise rates in the event of a future crisis.
Changes to current victims’ rights amendment
The proposed amendment would, as stated on the ballot, “strengthen protections for victims of crime; to establish certain absolute basic rights for victims and to ensure the enforcement of these rights.”
Victims would be afforded more opportunities to speak on their own behalf during court proceedings, and a more clearly defined process by which to advocate for themselves. The amendment, also known as Marsy’s Law, would mostly expand rights already established in cases of domestic violence or major felonies to apply to certain misdemeanors and juvenile cases.
