North Carolina voters will be able to approve or reject on the 2026 ballot a constitutional amendment requiring a photo identification for mail-in voting, following approval by the state legislature.
Current state law requires identification for all forms of voting; this amendment would officially put it into the constitution.
El SB 391 It was approved by the House of Representatives on December 11, after the Senate on December 2.
Constitutional amendments are not subject to a governor's veto, so after their approval in both chambers, they will appear on the 2026 general election ballot.
Supporters of the proposal argue that it is necessary to protect the integrity of the election. Critics, on the other hand, argue that the measure is unnecessary and could discourage voting.
Debate in the House of Representatives
Republican Rep. Grey Mills of Iredale introduced the proposal in the House, saying it is “clear and direct.”
"The bill would put to voters the question of whether to amend the North Carolina Constitution to require photo identification for all voters, both in person and by mail. I ask for your support."
Democratic Rep. Pricey Harrison of Guilford, meanwhile, questioned the need to include the measure in the constitution. Harrison pointed to confusion among voters and poll workers about what identification is acceptable.
“This affected more than 500 voters who were disenfranchised because they didn't meet the ID requirement to vote, as interpreted by local poll workers,” Harrison added.
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Legal challenges to voter ID in North Carolina
The constitution specifies an identification requirement for voting in person, although it does not yet include voting by mail.
In 2018, North Carolina voters approved an amendment requiring ID to vote in person, with 55.5% in favor.
The state NAACP sued North Carolina over this and another ballot amendment that year. They argued that the legislature had no authority to put amendments on the ballot because they were elected in racially gerrymandered districts.
The amendment did not take effect immediately because of a court ruling that declared it unconstitutional. But in 2023, the law went into effect after the decision was overturned by the state Supreme Court, which is controlled by Republicans.
The NAACP vs. Moore case remains unresolved but could be revived with this new constitutional amendment on the 2026 ballot.
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