Constitution (NC)

The following provisions of the Constitution of the State of North Carolina impact rights of suffrage, the conduct of state elections, legislative apportionment, and the terms and qualifications of state officeholders. For the full text of North Carolina’s constitution, go here 

 

ARTICLE I 

DECLARATION OF RIGHTS 

 

Section 1.  The equality and rights of persons. 

We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness. 

 

Sec. 2.  Sovereignty of the people. 

All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. 

 

Sec. 3.  Internal government of the State. 

The people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering or abolishing their Constitution and form of government whenever it may be necessary to their safety and happiness; but every such right shall be exercised in pursuance of law and consistently with the Constitution of the United States. 

   

. . .  

 

Sec. 9.  Frequent elections. 

For redress of grievances and for amending and strengthening the laws, elections shall be often held. 

 

Sec. 10.  Free elections. 

All elections shall be free. 

 

. . . 

 

Sec. 12.  Right of assembly and petition. 

The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the General Assembly for redress of grievances; but secret political societies are dangerous to the liberties of a free people and shall not be tolerated. 

 

Sec. 13.  Religious liberty. 

All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience. 

 

Sec. 14.  Freedom of speech and press. 

Freedom of speech and of the press are two of the great bulwarks of liberty and therefore shall never be restrained, but every person shall be held responsible for their abuse. 

 

. . . 

 

ARTICLE II 

LEGISLATIVE 

 

Section 1.  Legislative power. 

The legislative power of the State shall be vested in the General Assembly, which shall consist of a Senate and a House of Representatives. 

 

Sec. 2.  Number of Senators. 

The Senate shall be composed of 50 Senators, biennially chosen by ballot. 

 

Sec. 3.  Senate districts; apportionment of Senators. 

The Senators shall be elected from districts.  The General Assembly, at the first regular session convening after the return of every decennial census of population taken by order of Congress, shall revise the senate districts and the apportionment of Senators among those districts, subject to the following requirements: 

(1)        Each Senator shall represent, as nearly as may be, an equal number of inhabitants, the number of inhabitants that each Senator represents being determined for this purpose by dividing the population of the district that he represents by the number of Senators apportioned to that district; 

(2)        Each senate district shall at all times consist of contiguous territory; 

(3)        No county shall be divided in the formation of a senate district; 

(4)        When established, the senate districts and the apportionment of Senators shall remain unaltered until the return of another decennial census of population taken by order of Congress. 

 

Sec. 4.  Number of Representatives. 

The House of Representatives shall be composed of 120 Representatives, biennially chosen by ballot. 

 

Sec. 5.  Representative districts; apportionment of Representatives. 

The Representatives shall be elected from districts.  The General Assembly, at the first regular session convening after the return of every decennial census of population taken by order of Congress, shall revise the representative districts and the apportionment of Representatives among those districts, subject to the following requirements: 

(1)        Each Representative shall represent, as nearly as may be, an equal number of inhabitants, the number of inhabitants that each Representative represents being determined for this purpose by dividing the population of the district that he represents by the number of Representatives apportioned to that district; 

(2)        Each representative district shall at all times consist of contiguous territory; 

(3)        No county shall be divided in the formation of a representative district; 

(4)        When established, the representative districts and the apportionment of Representatives shall remain unaltered until the return of another decennial census of population taken by order of Congress. 

 

Sec. 6.  Qualifications for Senator. 

Each Senator, at the time of his election, shall be not less than 25 years of age, shall be a qualified voter of the State, and shall have resided in the State as a citizen for two years and in the district for which he is chosen for one year immediately preceding his election. 

 

Sec. 7.  Qualifications for Representative. 

Each Representative, at the time of his election, shall be a qualified voter of the State, and shall have resided in the district for which he is chosen for one year immediately preceding his election. 

 

Sec. 8.  Elections. 

The election for members of the General Assembly shall be held for the respective districts in 1972 and every two years thereafter, at the places and on the day prescribed by law. 

 

Sec. 9.  Term of office. 

The term of office of Senators and Representatives shall commence on the first day of January next after their election. 

 

Sec. 10.  Vacancies. 

Every vacancy occurring in the membership of the General Assembly by reason of death, resignation, or other cause shall be filled in the manner prescribed by law. 

 

. . . 

   

Sec. 16.  Compensation and allowances. 

The members and officers of the General Assembly shall receive for their services the compensation and allowances prescribed by law.  An increase in the compensation or allowances of members shall become effective at the beginning of the next regular session of the General Assembly following the session at which it was enacted. 

   

 

ARTICLE III 

EXECUTIVE 

 

Section 1.  Executive power. 

The executive power of the State shall be vested in the Governor. 

 

Sec. 2.  Governor and Lieutenant Governor: election, term, and qualifications. 

(1)        Election and term.  The Governor and Lieutenant Governor shall be elected by the qualified voters of the State in 1972 and every four years thereafter, at the same time and places as members of the General Assembly are elected.  Their term of office shall be four years and shall commence on the first day of January next after their election and continue until their successors are elected and qualified. 

(2)        Qualifications.  No person shall be eligible for election to the office of Governor or Lieutenant Governor unless, at the time of his election, he shall have attained the age of 30 years and shall have been a citizen of the United States for five years and a resident of this State for two years immediately preceding his election.  No person elected to the office of Governor or Lieutenant Governor shall be eligible for election to more than two consecutive terms of the same office. 

   

. . . 

 

Sec. 7.  Other elective officers. 

(1)        Officers.  A Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Labor, and a Commissioner of Insurance shall be elected by the qualified voters of the State in 1972 and every four years thereafter, at the same time and places as members of the General Assembly are elected.  Their term of office shall be four years and shall commence on the first day of January next after their election and continue until their successors are elected and qualified. 

(2)        Duties.  Their respective duties shall be prescribed by law. 

(3)        Vacancies.  If the office of any of these officers is vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified.  Every such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in this Section.  When a vacancy occurs in the office of any of the officers named in this Section and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office. 

(4)        Interim officers.  Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governor may appoint an interim officer to perform the duties of that office until a person is appointed or elected pursuant to this Section to fill the vacancy and is qualified. 

(5)        Acting officers.  During the physical or mental incapacity of any one of these officers to perform the duties of his office, as determined pursuant to this Section, the duties of his office shall be performed by an acting officer who shall be appointed by the Governor. 

(6)        Determination of incapacity.  The General Assembly shall by law prescribe with respect to those officers, other than the Governor, whose offices are created by this Article, procedures for determining the physical or mental incapacity of any officer to perform the duties of his office, and for determining whether an officer who has been temporarily incapacitated has sufficiently recovered his physical or mental capacity to perform the duties of his office.  Removal of those officers from office for any other cause shall be by impeachment. 

(7)        Special Qualifications for Attorney General.  Only persons duly authorized to practice law in the courts of this State shall be eligible for appointment or election as Attorney General. 

 

. . . 

 

 

ARTICLE IV 

JUDICIAL 

 

Section 1.  Judicial power. 

The judicial power of the State shall, except as provided in Section 3 of this Article, be vested in a Court for the Trial of Impeachments and in a General Court of Justice.  The General Assembly shall have no power to deprive the judicial department of any power or jurisdiction that rightfully pertains to it as a co-ordinate department of the government, nor shall it establish or authorize any courts other than as permitted by this Article. 

 

. . .  

 

Sec. 16.  Terms of office and election of Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Superior Court. 

Justices of the Supreme Court, Judges of the Court of Appeals, and regular Judges of the Superior Court shall be elected by the qualified voters and shall hold office for terms of eight years and until their successors are elected and qualified.  Justices of the Supreme Court and Judges of the Court of Appeals shall be elected by the qualified voters of the State.  Regular Judges of the Superior Court may be elected by the qualified voters of the State or by the voters of their respective districts, as the General Assembly may prescribe. 

 

. . . 

 

Sec. 19.  Vacancies. 

Unless otherwise provided in this Article, all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor, and the appointees shall hold their places until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, when elections shall be held to fill the offices.  When the unexpired term of any of the offices named in this Article of the Constitution in which a vacancy has occurred, and in which it is herein provided that the Governor shall fill the vacancy, expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office.  If any person elected or appointed to any of these offices shall fail to qualify, the office shall be appointed to, held and filled as provided in case of vacancies occurring therein.  All incumbents of these offices shall hold until their successors are qualified. 

 

. . .  

   

ARTICLE VI 

SUFFRAGE AND ELIGIBILITY TO OFFICE 

 

Section 1.  Who may vote. 

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. 

 

Sec. 2.  Qualifications of voter. 

(1)        Residence period for State elections. Any person who has resided in the State of North Carolina for one year and in the precinct, ward, or other election district for 30 days next preceding an election, and possesses the other qualifications set out in this Article, shall be entitled to vote at any election held in this State. Removal from one precinct, ward, or other election district to another in this State shall not operate to deprive any person of the right to vote in the precinct, ward, or other election district from which that person has removed until 30 days after the removal. 

(2)        Residence period for presidential elections. The General Assembly may reduce the time of residence for persons voting in presidential elections. A person made eligible by reason of a reduction in time of residence shall possess the other qualifications set out in this Article, shall only be entitled to vote for President and Vice President of the United States or for electors for President and Vice President, and shall not thereby become eligible to hold office in this State. 

(3)        Disqualification of felon. No person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, shall be permitted to vote unless that person shall be first restored to the rights of citizenship in the manner prescribed by law. 

(4)        Photo identification for voting in person. Voters offering to vote in person shall present photographic identification before voting. The General Assembly shall enact general laws governing the requirements of such photographic identification, which may include exceptions. (2018-128, s. 1.) 

 

Sec. 3.  Registration; Voting in Person. 

(1)        Every person offering to vote shall be at the time legally registered as a voter as herein prescribed and in the manner provided by law. The General Assembly shall enact general laws governing the registration of voters. 

(2)        Voters offering to vote in person shall present photographic identification before voting. The General Assembly shall enact general laws governing the requirements of such photographic identification, which may include exceptions. (2018-128, s. 2.) 

 

Sec. 4.  Qualification for registration. 

Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language. 

 

Sec. 5.  Elections by people and General Assembly. 

All elections by the people shall be by ballot, and all elections by the General Assembly shall be viva voce.  A contested election for any office established by Article III of this Constitution shall be determined by joint ballot of both houses of the General Assembly in the manner prescribed by law. 

 

Sec. 6.  Eligibility to elective office. 

Every qualified voter in North Carolina who is 21 years of age, except as in this Constitution disqualified, shall be eligible for election by the people to office. 

 

Sec. 7.  Oath. 

Before entering upon the duties of an office, a person elected or appointed to the office shall take and subscribe the following oath: 

“I, _______________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as _______________, so help me God.” 

 

Sec. 8.  Disqualifications for office. 

The following persons shall be disqualified for office: 

First, any person who shall deny the being of Almighty God. 

Second, with respect to any office that is filled by election by the people, any person who is not qualified to vote in an election for that office. 

Third, any person who has been adjudged guilty of treason or any other felony against this State or the United States, or any person who has been adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, or any person who has been adjudged guilty of corruption or malpractice in any office, or any person who has been removed by impeachment from any office, and who has not been restored to the rights of citizenship in the manner prescribed by law. 

 

Sec. 9.  Dual office holding. 

(1)        Prohibitions.  It is salutary that the responsibilities of self-government be widely shared among the citizens of the State and that the potential abuse of authority inherent in the holding of multiple offices by an individual be avoided.  Therefore, no person who holds any office or place of trust or profit under the United States or any department thereof, or under any other state or government, shall be eligible to hold any office in this State that is filled by election by the people.  No person shall hold concurrently any two offices in this State that are filled by election of the people.  No person shall hold concurrently any two or more appointive offices or places of trust or profit, or any combination of elective and appointive offices or places of trust or profit, except as the General Assembly shall provide by general law. 

(2)        Exceptions.  The provisions of this Section shall not prohibit any officer of the military forces of the State or of the United States not on active duty for an extensive period of time, any notary public, or any delegate to a Convention of the People from holding concurrently another office or place of trust or profit under this State or the United States or any department thereof. 

 

Sec. 10.  Continuation in office. 

In the absence of any contrary provision, all officers in this State, whether appointed or elected, shall hold their positions until other appointments are made or, if the offices are elective, until their successors are chosen and qualified. 

 

 

ARTICLE VII 

LOCAL GOVERNMENT 

. . .  

 

Sec. 2.  Sheriffs. 

In each county a Sheriff shall be elected by the qualified voters thereof at the same time and places as members of the General Assembly are elected and shall hold his office for a period of four years, subject to removal for cause as provided by law. No person is eligible to serve as Sheriff if that person has been convicted of a felony against this State, the United States, or another state, whether or not that person has been restored to the rights of citizenship in the manner prescribed by law. Convicted of a felony includes the entry of a plea of guilty; a verdict or finding of guilt by a jury, judge, magistrate, or other adjudicating body, tribunal, or official, either civilian or military; or a plea of no contest, nolo contendere, or the equivalent. (2010-49, s. 1) 

 

. . .  

 

ARTICLE XIII 

CONVENTIONS; CONSTITUTIONAL AMENDMENT AND REVISION 

 

Section 1.  Convention of the People. 

No Convention of the People of this State shall ever be called unless by the concurrence of two-thirds of all the members of each house of the General Assembly, and unless the proposition “Convention or No Convention” is first submitted to the qualified voters of the State at the time and in the manner prescribed by the General Assembly.  If a majority of the votes cast upon the proposition are in favor of a Convention, it shall assemble on the day prescribed by the General Assembly.  The General Assembly shall, in the act submitting the convention proposition, propose limitations upon the authority of the Convention; and if a majority of the votes cast upon the proposition are in favor of a Convention, those limitations shall become binding upon the Convention.  Delegates to the Convention shall be elected by the qualified voters at the time and in the manner prescribed in the act of submission.  The Convention shall consist of a number of delegates equal to the membership of the House of Representatives of the General Assembly that submits the convention proposition and the delegates shall be apportioned as is the House of Representatives.  A Convention shall adopt no ordinance not necessary to the purpose for which the Convention has been called. 

 

Sec. 2.  Power to revise or amend Constitution reserved to people. 

The people of this State reserve the power to amend this Constitution and to adopt a new or revised Constitution.  This power may be exercised by either of the methods set out hereinafter in this Article, but in no other way. 

 

Sec. 3.  Revision or amendment by Convention of the People. 

A Convention of the People of this State may be called pursuant to Section 1 of this Article to propose a new or revised Constitution or to propose amendments to this Constitution.  Every new or revised Constitution and every constitutional amendment adopted by a Convention shall be submitted to the qualified voters of the State at the time and in the manner prescribed by the Convention.  If a majority of the votes cast thereon are in favor of ratification of the new or revised Constitution or the constitutional amendment or amendments, it or they shall become effective January first next after ratification by the qualified voters unless a different effective date is prescribed by the Convention. 

 

Sec. 4.  Revision or amendment by legislative initiation. 

A proposal of a new or revised Constitution or an amendment or amendments to this Constitution may be initiated by the General Assembly, but only if three-fifths of all the members of each house shall adopt an act submitting the proposal to the qualified voters of the State for their ratification or rejection.  The proposal shall be submitted at the time and in the manner prescribed by the General Assembly.  If a majority of the votes cast thereon are in favor of the proposed new or revised Constitution or constitutional amendment or amendments, it or they shall become effective January first next after ratification by the voters unless a different effective date is prescribed in the act submitting the proposal or proposals to the qualified voters.