The proposed “citizens-only” constitutional amendment in North Carolina has sparked debate over its implications.
The amendment, pushed primarily by Republican lawmakers, seeks to change the wording of Article 6 of the North Carolina Constitution, which reads: “Every person born in the United States and every naturalized person who is 18 years of age and who meets the requirements established in this article, shall have the right to vote in any popular election in the state” to: “only a citizen of the United States who is 18 years of age and who meets the requirements established in this article shall have the right to vote in any popular election."
North Carolina is one of eight states with a citizen-only voting amendment in place. ballot for this election.
Narrative of the non-citizen vote
A person can become a U.S. citizen in two ways: by birth or by naturalization. Both options give you the same rights and responsibilities, including the right to vote.
Related: “Citizens only” amendment approved
Currently, only American citizens can vote in North Carolina.
The constitutional amendment could perpetuate distrust in the electoral process, suggesting that non-citizens vote, according to activists and academics.
Presidential candidate Donald Trump and several Republican leaders have maintained that the Non-citizen voting is common across the country.
“Still, there is abundant empirical evidence that reveals that non-citizen voting is extraordinarily rare and that voter fraud by immigrants is almost nonexistent,” said Betina Wilkinson, a professor of politics at Wake Forest University.
In a few states, municipalities have allowed noncitizens to vote in local elections, but North Carolina law prohibits local governments from doing the same.
“We, along with the legislators who support these measures, are getting ahead of a problem that may not have manifested itself as much in these states,” Jack Tomczak, vice president of Americans for Citizen Voting, said in a news release. “It’s not like it’s happening everywhere and needs to be stopped immediately. But prevention is not a bad thing.”
This narrative can promote the misconception that Latinos and other minority groups are contributing to electoral “fraud.”
“The idea that non-citizens are voting illegally is not only unfounded, but also reinforces fear and division among demographic groups,” Wilkinson said.
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Consequences of voting in favor of the amendment
The proposed amendment in North Carolina is a national political effort aimed at mobilizing Republican voters, those interviewed explained.
“This effort appears to be part of a national strategy by mostly Republican lawmakers to push immigration-related measures into the November elections, with the goal of increasing voter turnout,” clinical law professor Kate Evans told Enlace Latino NC.
A Carolina Journal poll in September found that an overwhelming majority of Republicans (96%) supported the amendment, while a narrow majority of Democrats (56%) supported it.
“Framing political issues and proposed legislation in terms of security and ‘upholding the law’ can be effective in increasing voter turnout, creating more political divisions and ultimately winning votes for Republican candidates,” Professor Wilkinson added.
Wilkinson notes that this amendment could raise questions about the legitimacy of the electoral process, even among Latinos.
While many tend to support Democrats, some may support Republican proposals that address their concerns. This is especially true for those who do not identify with foreign-born immigrants, the professor explained based on her research.
He also warned that "voting 'yes' could foster more hatred toward immigrants, reinforce misconceptions about non-citizen voting, and result in more harassment of Latinos and other immigration-related groups during the election period."
A worrying precedent
Opponents of the amendment have expressed concern that the measure could set a precedent for future attempts to exclude naturalized citizens from the electoral process.
“If there were a case in the future where a movement were attempted at the federal level, or at the state level, to remove naturalized citizens from the democratic process, this constitutional amendment could be a precursor to that,” said Joselle Torres, communications manager at Democracy NC.
Torres compared the situation to the rapid implementation of abortion bans in some states following the overturn of Roe v. Wade, suggesting that a similar effect could occur with the voting rights of naturalized citizens if federal protections were to change.
“If naturalized citizenship were to change or be eliminated at the federal level, then, like a snap, here in North Carolina, our constitution is designed to make that happen even faster,” he added.
Torres argued that if the amendment fails, he would consider it a “victory.”
"If we vote against it and the measure doesn't pass, the language of the North Carolina Constitution will remain in place, which would be a victory, as it has been the norm for over a century. We must ask ourselves, why would anyone want to change this part of the Constitution now?" Torres added.
"“Intimidation” at polling stations
As election day approaches, there have been reports of signs targeting voters in Spanish, claiming that non-citizens who vote will face deportation.
The signs read: “NOTICE: If you are not a citizen of the United States of America, you cannot vote in these elections. It is illegal! It is a criminal offense (18 US Code §611). You could be deported. Don’t do it!”
Several organizations sent a letter to the board asking for all posters about non-citizen voting to be removed, arguing that they intimidate voters.
“The NCEIT signs posted outside polling places serve no purpose other than to intimidate legally qualified voters from participating in our political process,” reads the letter sent to the board of elections.
The North Carolina Board of Elections ordered the elimination of a particular sign that uses the word “foreigner.” However, he allowed other signs warning of a ban on voting for “non-citizens” to remain.
Torres stressed that all these signs can cause intimidation.
“If I go to the polls and see a sign like that, I'll ask myself: Can I really vote? Am I going to be deported? Is it worth it? I might not vote, even though I have the fundamental right to vote, which I earned through the naturalization process,” he added.
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