AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROVIDE TO THE PEOPLE THE POWER OF INITIATIVE.

Whereas, unlike in many other states, the Constitution of North Carolina limits the proposal of constitutional amendments to those initiated by the House of Representatives and the Senate; and

Whereas, the exclusive reliance on the legislative branch to propose amendments can serve as a barrier to vital structural reforms when the General Assembly itself stands in the way of reforms desired by strong majorities of voters; and

Whereas, empowering citizens with a direct initiative process provides a necessary democratic recourse, but the experiences of other states demonstrate that such a process must include robust safeguards to prevent abuse; and

Whereas, requiring a high bar for placing initiatives on the ballot and a supermajority requirement to approve them will guarantee that only measures with extensive, cross‑constituency public support can successfully amend the State's foundational document; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Article XIII of the Constitution of North Carolina is amended by adding a new section to read:

Sec. 5.  Initiative.

(1)        Procedure for proposal. The people may initiate a referendum on a proposed amendment to the Constitution by presenting to the State Board of Elections a petition that sets forth the text of the proposed amendment to the Constitution and is certified to have been signed by qualified voters not less in number than eight percent (8%) of the votes for all candidates for Governor at the last gubernatorial election with no less than three percent (3%) of such signatures from each congressional district. The petition shall ask that it be submitted to the qualified voters and shall make clear to anyone signing the petition the effect of the proposed amendments.

(2)        Registration. A petition must be registered with the State Board of Elections prior to circulation, and no signature shall be valid unless submitted to the State Board of Elections within one year after the date of registration.

(3)        Submission to voters. The State Board of Elections shall submit the proposed constitutional amendment to the qualified voters of the State at the next statewide general election held not less than 180 days from the date of certification by the State Board of Elections that the petition is valid. The submission shall accurately reflect the effect of the proposed amendments as set forth in the petition and the full text of the amendment shall be provided with any ballot by which a vote may be cast.

(4)        Restricted subjects. No initiative measure may change the provisions of this subsection. No initiative measure defeated under this Section may be considered again under this Section until five years from the date of the election have elapsed.

(5)        Effectiveness; effective date. An initiative to be effective must be approved by sixty percent (60%) of the qualified voters voting in the election thereon. An initiative takes effect on the first day of January after the election, unless the proposed amendment provides a different effective date.

(6)        Implementation. The General Assembly shall provide by general law the manner and timing for which petitions shall be circulated, verified, presented, and certified and the manner in which measures are submitted to the qualified voters. The State Board of Elections shall make all necessary determinations regarding the petition within 30 working days of submission of the signatures required by this Section, which shall be tolled for any period of time that is within 10 working days before or after an election. A determination of the State Board of Elections may be appealed as of right to the Court of Appeals. Written appeal shall be taken within two business days after the determination of the State Board of Elections.

(7)        Unseverability. If any part of this Section is held invalid or unenforceable by any court of competent jurisdiction, this entire Section is repealed.

SECTION 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the statewide general election to be held on November 3, 2026, which election shall be conducted in accordance with the laws governing elections at that time. The question to be used in the voting systems and ballots shall be:

[ ] FOR          [ ] AGAINST

Constitutional amendment giving the people the power of initiative to adopt or reject amendments to the Constitution.

SECTION 3.  The State Board of Elections shall certify the results of the referendum conducted under Section 2 of this act. If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the Secretary of State shall enroll the amendment among the permanent records of that office. If a majority of votes cast on the question are against the amendment set out in Section 1 of this act, the amendment shall have no effect.

SECTION 4.  If the certification from the State Board of Elections under Section 3 of this act reflects that a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the amendment set out in Section 1 of this act is effective upon certification.

SECTION 5.  This act is effective when it becomes law.