In North Carolina, legislatively referred amendments are the only available form of statewide direct democracy. Legislatively referred amendments are submitted “at the time and in the manner prescribed by the General Assembly.” North Carolina provisions are silent as to specific contents that must be included on the ballot but require that all ballots must be readily understandable and that any questions must be presented in a fair manner. A special commission made up of the Secretary of State, Attorney General, and Legislative Services Officer is tasked with preparing an explanation of the proposed amendment. North Carolina’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in North Carolina
North Carolina does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by North Carolina voters. See N.C. Const. art. XIII, § 4.
Election Timing
Legislatively referred amendments are submitted to voters after approval of a 3/5 supermajority of each house of the legislature. See N.C. Const. art. XIII, § 4. The election takes place “at the time and in the manner prescribed by the General Assembly”, and there is no explicit requirement that proposed amendments be submitted at general elections. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The North Carolina Constitution provides that the manner of the election is to be prescribed by the General Assembly, and state provisions are silent as to specific contents that must be included on the ballot. See N.C. Const. art. XIII, § 4. However, pursuant to statute, all North Carolina ballots must be “readily understandable by voters” and must present questions “in a fair and nondiscriminatory manner.” N.C. Gen. Stat. § 163-165.4(1)-(2).
The state entity responsible for drafting a publicly available explanation of the amendment—the Constitutional Amendments Publications Commission (“the Commission”)—also prepares a short caption for the amendment that is used on the ballot. See Constitutional Amendments Publication Commission, Secretary of State of North Carolina, https://www.sosnc.gov/divisions/general_counsel/constitutional_amendments_publication_commission (last visited April 18, 2023). The Commission sits within the Department of the Secretary of State, and consists of the Secretary of State, the Attorney General, and the Legislative Services Officer. N.C. Gen. Stat. § 147-54.8.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
At least 75 days before the election, the Commission must prepare an explanation of the proposed amendment in “simple and commonly used language.” N.C. Gen. Stat. § 147-54.10. The Secretary of State must send a copy of this explanation, along with a news release, to each county board of elections. See id. § 147-54.10(b). The Secretary of State must also provide a copy to any registered voter or representative of the media, but only upon request. Id. North Carolina law also requires that a copy of a sample ballot be posted at all polling places. See N.C. Gen. Stat. §§ 163-166.7A, 163-165.2.
Voter Information Pamphlet
As noted, at least 75 days before the election, the Constitutional Amendments Publication Commission prepares an explanation of the proposed amendment in simple and commonly used language, which is generally only required to be distributed to the local election boards. See N.C. Gen. Stat. § 147-54.10. Beyond this explanation, North Carolina law does not require a state voter information pamphlet for legislatively referred amendments.
JUDICIAL REVIEW
When and how can the court step in?
North Carolina’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels.