Matthew Burkhart Headshot
This year, North Carolina voters are faced with a proposed constitutional amendment that appears to clarify voting eligibility that “only” U.S. citizens can vote. While this may sound reasonable on the surface, it’s an unnecessary and potentially harmful change that voters should reject.
The amendment is a solution in search of a problem. Non-citizen voting in North Carolina elections is already a felony and extremely rare, and undocumented citizen voting is nonexistent. In 2016, an audit found just 41 instances of legal immigrants who had not yet become citizens casting ballots out of 4.8 million total votes. That’s less than 0.001% of votes cast.
The existing constitutional language clearly states that only U.S.-born and naturalized citizens who meet other qualifications can vote. This amendment would simply replace “every person born in the United States and every person who has been naturalized” with “only a citizen of the United States.”
Beyond being unnecessary, the amendment could have negative consequences. Removing the phrase “every person who has been naturalized” may confuse some naturalized citizens about their voting rights. It could also deter eligible new citizens from registering and voting out of fear or uncertainty, although no outright changes would be made to their eligibility.
Even worse, this constitutional change could provide a gateway into challenging the voting eligibility of naturalized citizens in the state, as the constitution would no longer specifically protect their voting rights. This is particularly concerning given that North Carolina’s conservative-majority Supreme Court has already demonstrated a willingness to revisit and potentially overturn established precedents, particularly through obscenely gerrymandered election maps.
Supporters claim the amendment is needed to prevent cities from allowing noncitizens to vote in local elections, as a few municipalities in other states have done. But North Carolina law already prohibits this without General Assembly approval. The amendment is a heavy-handed solution to a nonexistent problem.
Some argue it’s a harmless clarification. But amending the state constitution is a weighty matter that shouldn’t be done lightly or for political purposes. Once enshrined in the constitution, this language would be difficult to change if it causes unforeseen issues.
The NC GOP wrote the following in a statement of endorsement: “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.”
So why push for this redundant change? It is part of a coordinated national strategy by Republicans to stoke fears about undocumented immigration and election integrity ahead of the 2024 election. North Carolina is one of eight GOP-led states with similar amendments on the ballot this year.
The timing at least is certainly suspect. Immigration remains a top concern for Republican voters, and this amendment seems to be designed to boost conservative turnout in a key swing state.
North Carolina has more pressing election-related concerns, like improving voter access, turnout and approving non-gerrymandered maps. Lawmakers’ time and taxpayer resources would be better spent addressing real problems rather than imaginary threats.
In addition to legal matters, the proposal also plays into harmful and false narratives about widespread noncitizen voting that undermine faith in our electoral system.
Ultimately, this amendment is unnecessary at best and harmful at worst. It risks confusing and deterring eligible voters while fanning the flames of immigration-related fears. North Carolina’s existing prohibition on noncitizen voting is clear and effective.
Voters should see through this Trojan horse and reject the amendment. Our constitution has served us well without this redundant language. There’s no compelling reason to change it now based on manufactured fears rather than facts.
Don’t mistake me — the integrity of our elections is crucial. But that’s precisely why voters should oppose amendments that sow doubt and division without solving any real problems. North Carolinians would be wise to vote “no” on this misguided and unnecessary constitutional change.