‘Citizen-only voting’ referendum on NC ballot this fall

In an election year when the presidential race consumes much of the focus and scrutiny, voters in North Carolina may be less aware of some of the other items on the ballot, including the “citizens-only voting” amendment to the N.C. Constitution.

The General Assembly already passed House Bill 1074, which would change the wording of the state constitution to clarify who is allowed to vote in state and local elections, but it requires majority approval from voters.

The N.C. Constitution currently reads: “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.” 

The language outlined in the referendum would change it to: “Only a citizen of the United States who is 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.” 

Some local leaders say that the citizens-only voting amendment is necessary to prevent noncitizens from voting and to preserve election integrity. Opponents argue that the referendum is redundant and is solely meant to stoke fears about immigrants and the state’s election process. 

Who is, and isn’t, allowed to vote

Federal law signed in 1996 prohibits noncitizens, including permanent legal residents, from voting in federal, state and most local elections. This means that people who are considered lawful permanent residents (also known as green card holders), hold a nonimmigrant work visa or are undocumented are generally not eligible to vote in elections. Naturalized citizens, however, are immigrants who have gained U.S. citizenship and therefore the right to vote.

Noncitizens who attempt to vote face deportation, fines, prison time, or could lose the ability to gain permanent residency or U.S. citizenship.

However, the law that regulates voting at the federal level doesn’t stop states or municipalities from allowing noncitizens to vote in local races, such as school boards or town councils. Certain municipalities in Maryland, California, Vermont and the District of Columbia allow noncitizens to vote in local elections.

Though no city within North Carolina allows noncitizen voting, the idea still worries Doug Brown, chair of the Buncombe County GOP. He says that the potential of noncitizens voting could skew elections.

“Most state constitutions note that voting is for U.S. and state citizens, but many do not expressly ban noncitizen voting or include the words ‘citizens only,’” says Brown. “There are currently an estimated 23 million noncitizens in the U.S. If only that same 6.4% voted in 2024, that would result in over 1.5 million unlawful votes — enough to swing election results in many states.”

(The latest report on undocumented immigrants living in the U.S. from the Department of Homeland Security estimates closer to 11 million as of January 2022, and studies from the Brennan Center for Justice show that noncitizen voting is rare.)

If approved, the referendum on this year’s ballot would make North Carolina one of seven states that explicitly prohibit noncitizen voting in state and local elections.

Stoking fears

Should voters approve the referendum this fall, changing the state constitution would not impact who can and cannot vote in the state, says Ashley Moraguez, associate professor and co-chair of the political science department at UNC Asheville. 

Moraguez notes that voting in North Carolina is regulated by not only the state constitution but also a state law that requires residents to register to vote and attest to their citizenship under penalty of a Class I felony. Voting in presidential and other federal elections would also remain unchanged.

“In practice, this amendment is not going to change the policy, whether it passes or fails,” says Moraguez. “All of those three things coupled together indicate that in federal, state and local elections in North Carolina, you already have to be a citizen to vote.”

But some local leaders say that merely having the amendment on the ballot could spark fears about undocumented immigrants and the state election process and could sow doubt in the minds of eligible immigrants.

“I think because of the language change, perhaps naturalized citizens might feel less confident in turning out to vote, or feel confused about what this might mean for them moving forward,” says Moraguez. “Even though it won’t affect or change things, I do fear that that language change might be interpreted that way.”

“The sole purpose of this amendment is to foster the Republican-spawned myth that noncitizens are voting in U.S. elections. They already cannot and do not,” adds Kathie Kline, the chair of the Buncombe County Democratic Party. “Rather than Republicans offering qualified candidates or promoting reasonable and helpful policies for working families, they resort to these misleading tactics to increase their turnout.”

While some local Democrats oppose the amendment, Moraguez points out that the ballot measure was approved with bipartisan support. Democratic Sen. Julie Mayfield, District 49, says that she voted for the measure to prevent the allegation from Republicans that Democrats were allowing noncitizens to vote. 

She adds that the amendment is “purely political” and says that the measure wouldn’t have an impact on voting in the state. 

[The amendment] irresponsibly stokes fear that noncitizens are currently voting, which they are not,” Mayfield explains. “That fear casts doubt on the election process, and it’s in the Republicans’ interest to foster that fear because it justifies their efforts at other ‘election integrity’ policies that are usually solutions in search of problems.”

“I think it’s just an optics issue,” says Moraguez. “It’s kind of a hard position to be in to vote against something that’s essentially already the policy.”

Democratic state Reps. Caleb Rudow, District 116, and  Eric Ager, District 114, also voted in favor of the bill but did not respond to multiple requests for comment. Rudow is challenging U.S. Rep. Chuck Edwards, R-District 11, in the Nov. 5 election.

Moraguez notes that the most tangible impact of the referendum could be increased voter participation, particularly among conservative voters. 

“From my vantage point as a political scientist, this seems like a pretty clear instance of messaging and trying to mobilize conservative voters in the state, though perhaps not exclusively. We know that immigration is a top issue for a lot of voters this year,” says Moraguez. “And while this is something that voters probably support, they may not be fully aware that this is already in our state constitution. And so this is a way to kind of play the issues they care about in the hopes of getting them to the polls.”