H1240: Constitutional Amendment/Early Voting. Latest Version
2025-2026
AN ACT to provide for a constitutional amendment to the north carolina constitution to GUARANTEE voters the right to early voting.
The General Assembly of North Carolina enacts:
SECTION 1.1. Section 5 of Article VI of the North Carolina Constitution reads as rewritten:
Sec. 5. Elections by people and General Assembly.
(1) All elections by the people shall be by ballot, and all elections by the General Assembly shall be viva voce. A contested election for any office established by Article III of this Constitution shall be determined by joint ballot of both houses of the General Assembly in the manner prescribed by law.
(2) For all primary and general elections conducted in even‑numbered years, a voter shall have the right to early vote by casting a ballot in person prior to election day. The General Assembly may appropriate funds for county boards of elections to use in support of administration of early voting. To ensure that voters can exercise the right to early vote, county boards of elections shall do the following:
(a) Designate a minimum of 14 days prior to election day for early voting, select early voting site locations, and determine staffing needs and hours for each site subject to the following minimum requirements:
1. On weekdays, all early voting sites shall operate uniformly and shall be open and operate continuously from at least 8:00 A.M. until at least 7:30 P.M., unless a county board of elections determines that the voter demand allows for closure at 6:00 P.M.
2. If a Sunday is selected as a day for early voting, all sites operating on that Sunday shall open and close at the same times.
3. All early voting sites shall be open on the last Saturday prior to election day from at least 8:00 A.M. until at least 3:00 P.M.
(b) Increase the staffing, hours, number, and locations for early voting sites to match the needs of voters during the days designated for early voting.
(c) Provide the opportunity for any individual qualified to register to vote to both register and vote on the same day at any early voting site.
SECTION 1.2. The amendment set out in Section 1.1 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 to do the following:
(1) Guarantee voters a minimum of 14 days for early voting in primary and general elections.
(2) Ensure that early voting sites are open for a designated minimum number of hours.
(3) Authorize county boards of elections to establish sites, hours, and staffing for early voting.
(4) Guarantee same‑day registration during early voting so that individuals qualified to register to vote can both register and vote during early voting.
SECTION 1.3. The State Board of Elections shall certify the results of the referendum conducted under Section 1.2 of this act. If a majority of votes cast on the question are in favor of the amendment set out in Section 1.1 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 1.1 of this act, the amendment shall have no effect.
SECTION 1.4. If the certification from the State Board of Elections under Section 1.3 of this act reflects that a majority of votes cast on the question are in favor of the amendment set out in Section 1.1 of this act, the amendment set out in Section 1.1 of this act is effective upon certification.
SECTION 2. Except as otherwise provided, this act is effective when it becomes law.