Residents of North Carolina will encounter a significant question on their ballots during this year’s election: Should only U.S. citizens be allowed to vote in state elections?
In June, Republican lawmakers in the North Carolina General Assembly passed House Bill 1074, which proposes a constitutional amendment for a vote in the upcoming November general election.
Wendy Mateo-Pascual, coordinator of the Latino Civic Engagement Committee, believes the amendment is unnecessary. “I’m concerned that naturalized citizens might think they cannot vote, which could discourage them from participating. Additionally, future changes could suggest that only those born in the U.S. are considered citizens,” she stated.
The proposed amendment would alter the North Carolina Constitution to state that “Only a citizen of the United States” can vote. Currently, the Constitution allows “every person born in the United States and every person who has been naturalized” to vote.
“If you read the ballot, you might agree and say, ‘yes, only citizens can vote.’ However, many people don’t realize they are removing part of the language,” Mateo-Pascual added.
A recent poll by the Carolina Journal found that approximately 76% of voters support the amendment, with only around 13% opposing it. A large majority of Republicans (96%) and a slim majority of Democrats (56%) are in favor.
Immigration attorney Jamilah Espinosa argues that the amendment aims to foster anti-immigrant sentiment rather than address a real issue. “It seems harmless, but there are harmful motives behind this constitutional amendment,” she asserted.
Some cities in Maryland, California, Vermont, and Washington, D.C., permit noncitizens to vote, but only in local elections, not in federal or state elections. In contrast, no city or county in North Carolina allows noncitizen voting.
“It’s crucial for our community to understand that in local elections—like school boards and mayoral races—being a U.S. citizen is still a requirement to vote,” Espinosa explained.
According to the North Carolina State Board of Elections, only six complaints were recorded about noncitizens voting in the 2020 general election and the 2021 municipal election. Attempting to register or vote as a noncitizen can lead to a Class I felony charge, resulting in a prison sentence of three to 12 months.
“Most migrants and lawful permanent residents understand the severe consequences of trying to vote or even registering,” Espinosa noted.
Dr. Andy Jackson from the John Locke Foundation, a conservative think tank, acknowledges that the number of noncitizens voting is low. However, he emphasizes the importance of clarifying the language in the Constitution to prevent future discrepancies.
“A judge could determine that the North Carolina Constitution does not clearly state whether noncitizens can vote,” Jackson warned.
He insists that the amendment’s goal is to safeguard the law from being altered by judicial decisions, rather than specifically targeting noncitizens, although supporters do not want noncitizens voting.
“Who gets to vote, and who doesn’t, is a fundamental question in our Republic here in North Carolina. Such a fundamental question deserves a clear answer in the Constitution,” Jackson concluded.
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