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Bill

Bill

HB 1242

Modernize Law of the Land Clause.

2025-2026 Session Introduced by Mary Belk and 7 co-sponsors

Modernizes NC’s Law of the Land clause wording while preserving due process, equal protection, and anti-discrimination protections.

Passed 1st Reading
0
WeVote Research Nonpartisan
Bill Summary · HB 1242

Summary of HB 1242 (2025 Session) – Modernize Law of the Land Clause (North Carolina)

Purpose and intent

  • Proposes a constitutional amendment to modernize the language of the Law of the Land clause in Article I, Section 19 of the North Carolina Constitution.
  • Aims to update archaic wording while preserving the fundamental protections of due process and equal protection.

Key provisions

  • Amended text (Section 1(a)): The bill rewrites Article I, Section 19 to read (paraphrased):
    • “Law of the land; equal protection of the laws.”
    • Prohibits depriving a person of life, liberty, or property, or other fundamental rights, except by the law of the land.
    • Provides that no person shall be denied equal protection of the laws, and no person shall be subjected to discrimination by the State on the basis of race, color, religion, or national origin.
  • Referendum and submission (Section 1(b)):
    • The amendment is to be submitted to voters at the statewide general election on November 3, 2026.
    • Ballot language to be used: “ FOR AGAINST Constitutional amendment to modernize the language of the law of the land clause in Article I, Section 19, of the North Carolina Constitution.”
  • Certification and enrollment (Section 1(c)):
    • The State Board of Elections will certify the referendum results.
    • If approved, the Secretary of State will enroll the amendment in permanent records.
    • If rejected, the amendment has no effect.
  • Effectiveness (Section 1(d)):
    • If certified as approved, the amendment becomes effective upon certification of the election results.
  • Effective date of act (Section 2):
    • The act becomes effective when it becomes law (i.e., upon enactment and certification of passage).

Who is affected

  • All residents of North Carolina, through the constitutionally guaranteed protections.
  • State government, including the judiciary, law enforcement, and executive agencies, must apply the revised language and protections once the amendment is in effect.
  • Voters will participate in the 2026 statewide general election to decide whether the amendment is adopted.

Procedural and timeline aspects

  • Ballot date for referendum: November 3, 2026.
  • Voting method: Standard statewide general election procedures.
  • Post-vote steps:
    • If a majority supports the amendment, the Secretary of State enacts the amendment into the permanent records.
    • The amendment becomes effective on the date of certification of the election results.
  • Sponsor and status: Sponsored by Representative Cook, with a co-sponsor listed as Julia Greenfield. The bill was filed as of June 30, 2026.

Notes on substance

  • The core change is linguistic modernization of the Law of the Land clause while maintaining the substantive protections: due process, equal protection, and anti-discrimination provisions on race, color, religion, and national origin.
  • The practical impact is interpretive rather than procedural: the modernized wording may influence judicial interpretation and public understanding, but existing constitutional protections remain in place if adopted.

Compiled from official sources — confirm details with the bill’s official record.

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