The People's Right to Amend Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1155

Short Title: The People's Right to Amend Act. (Public)
Sponsors: Representatives Helfrich, Rubin, Lopez, and Cook (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
May 4, 2026
*H1155-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE CONSTITUTION OF NORT H CAROLINA TO PROVID E TO 2
THE PEOPLE THE POWER OF INITIATIVE. 3
Whereas, unlike in many other states, the Constitution of North Carolina limits the 4
proposal of constitutional amendments to those initiated by the House of Representatives and the 5
Senate; and 6
Whereas, the exclusive reliance on the legislative branch to propose amendments can 7
serve as a barrier to vital structural reforms when the General Assembly itself stands in the way 8
of reforms desired by strong majorities of voters; and 9
Whereas, empowering citizens with a direct initiative process provides a necessary 10
democratic recourse, but the experiences of other states demonstrate that such a process must 11
include robust safeguards to prevent abuse; and 12
Whereas, requiring a high bar for placing initiatives on the ballot and a supermajority 13
requirement to approve them will guarantee that only measures with extensive, 14
cross-constituency public support can successfully amend the State's foundatio nal document; 15
Now, therefore, 16
The General Assembly of North Carolina enacts: 17
SECTION 1. Article XIII of the Constitution of North Carolina is amended by 18
adding a new section to read: 19
"Sec. 5. Initiative. 20
(1) Procedure for proposal. The people may initiat e a referendum on a proposed 21
amendment to the Constitution by presenting to the State Board of Elections a petition that sets 22
forth the text of the proposed amendment to the Constitution and is certified to have been signed 23
by qualified voters not less in number than eight percent (8%) of the votes for all candidates for 24
Governor at the last gubernatorial election with no less than three percent (3%) of such signatures 25
from each congressional district. The petition shall ask that it be submitted to the qualified voters 26
and shall make clear to anyone signing the petition the effect of the proposed amendments. 27
(2) Registration. A petition must be registered with the State Board of Elections prior to 28
circulation, and no signature shall be valid unless submitted to the State Board of Elections within 29
one year after the date of registration. 30
(3) Submission to voters. The State Board of Elections shall submit the proposed 31
constitutional amendment to the qualified voters of the State at the next statewide general election 32
held not less than 180 days from the date of certification by the State Board of Elections that the 33
petition is valid. The submission shall accurately reflect the effect of the proposed amendments 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 1155-First Edition
as set forth in the petition and the full text of the amendment shall be provided with any ballot 1
by which a vote may be cast. 2
(4) Restricted subject s. No initiative measure may change the provisions of this 3
subsection. No initiative measure defeated under this Section may be considered again under this 4
Section until five years from the date of the election have elapsed. 5
(5) Effectiveness; effective date. An initiative to be effective must be approved by sixty 6
percent (60%) of the qualified voters voting in the election thereon. An initiative takes effect on 7
the first day of January after the election, unless the proposed amendment provides a different 8
effective date. 9
(6) Implementation. The General Assembly shall provide by general law the manner and 10
timing for which petitions shall be circulated, verified, presented, and certified and the manner 11
in which measures are submitted to the qualified voters. The State Board of Elections shall make 12
all necessary determinations regarding the petition within 30 working days of submission of the 13
signatures required by this Section, which shall be tolled for any period of time that is within 10 14
working days before or after an election. A determination of the State Board of Elections may be 15
appealed as of right to the Court of Appeals . Written appeal shall be taken within two business 16
days after the determination of the State Board of Elections. 17
(7) Unseverability. If any part of this Section is held invalid or unenforceable by any 18
court of competent jurisdiction, this entire Section is repealed." 19
SECTION 2. The amendment set out in Section 1 of this act shall be submitted to 20
the qualified voters of the State at the statewide general election to be held on November 3, 2026, 21
which election shall be conducted in accordance with the laws governing elections at that time. 22
The question to be used in the voting systems and ballots shall be: 23
"[ ] FOR [ ] AGAINST 24
Constitutional amendment giving the people the power of initiative to adopt or reject 25
amendments to the Constitution." 26
SECTION 3. The State Board of Elections shall certify the results of the referendum 27
conducted under Section 2 of this act. If a majority of votes cast on the question are in favor of 28
the amendment set out in Section 1 of this act, the Secretary of State shall enroll the amendment 29
among the permanent records of that office. If a majority of votes cast on the question are against 30
the amendment set out in Section 1 of this act, the amendment shall have no effect. 31
SECTION 4. If the certification from the State Board of Elections under Section 3 32
of this act reflects that a majority of votes cast on the question are in favor of the amendment set 33
out in Section 1 of this act, the amendment set out in Section 1 of this act i s effective upon 34
certification. 35
SECTION 5. This act is effective when it becomes law. 36