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Bill Summary · HB 1155

Summary: HB 1155 — The People’s Right to Amend Act (North Carolina, 2025 Session)

Note: This summary covers the bill as introduced and reflects its provisions aimed at creating a constitutional initiative process for North Carolina.

1) Purpose and Intent

  • The bill seeks to amend the North Carolina Constitution to grant the people a direct initiative power to propose constitutional amendments.
  • It addresses a perceived gap where constitutional amendments are currently proposal-only by the General Assembly (House and Senate) and proposes a pathway for voter-driven amendments with safeguards to prevent abuse.
  • The overarching aim is to ensure that foundational changes to the state constitution require broad, cross-constituency support (via a high threshold and supermajority approval).

2) Key Provisions and Changes

A. New Constitutional Section: Sec. 5 (Initiative)

  • Procedure for proposal
    • Citizens can initiate a referendum on a proposed constitutional amendment by submitting to the State Board of Elections a petition with:
    • The full text of the proposed amendment, certified as signed by qualified voters.
    • Signatures totaling at least 8% of votes for all gubernatorial candidates in the last election, with at least 3% of signatures from each congressional district.
    • Petitions must clearly inform signatories of the amendment’s effects.
  • Registration and circulation
    • Petitions must be registered with the State Board of Elections before circulation.
    • Signatures are valid only if submitted to the State Board of Elections within 1 year after registration.
  • Submission to voters
    • The State Board of Elections must place the proposed amendment on the ballot at the next statewide general election occurring at least 180 days after certification of petition validity.
    • Ballots must include the full text and explain the amendment’s effect.
  • Restricted subjects
    • No initiative may change provisions of this Sec. 5 itself.
    • An initiative defeated under this section cannot be reconsidered for five years.
  • Effectiveness and timing
    • An initiative must be approved by 60% of voters voting on the measure.
    • If approved, the amendment takes effect on January 1 following the election, unless the amendment specifies a different effective date.
  • Implementation and dispute resolution
    • General Assembly to enact implementing laws detailing petition circulation, verification, presentation, and submission timelines.
    • State Board of Elections must make all required determinations within 30 working days of petition submission; timelines pause (toll) for 10 days before/after an election.
    • Appeals from Board determinations may be brought as a right to the Court of Appeals (written appeal within 2 business days after the Board’s determination).
  • Unseverability
    • If any part of Sec. 5 is held invalid by a court, the entire Sec. 5 is repealed.

3) Affected Parties and Impacts

  • General Public / Voters
    • Would gain a mechanism to initiate and place constitutional amendments on the ballot, subject to the thresholds and safeguards.
  • State Board of Elections
    • Assigned responsibilities for petition registration, signature validation within specified timelines, and ballot placement decisions; must act within defined deadlines.
  • General Assembly
    • Obligated to enact implementing legislation detailing the procedural framework for circulating petitions, verification, submission, and general timelines.
  • Constitutional Landscape
    • Adds a new pathway to amend the state constitution, potentially expanding how foundational changes could occur beyond legislative proposals.
  • Timeline Considerations
    • Petition validity window: 1 year from registration.
    • Ballot timing: general election at least 180 days after certification.
    • Approval threshold: 60% of voters in the statewide election.
    • Post-election effective date: January 1 following the election unless otherwise specified in the amendment.

4) Procedural and Timeline Highlights

  • Effective date of the act: Upon becoming law.
  • Proposed ballot question: “Constitutional amendment giving the people the power of initiative to adopt or reject amendments to the Constitution.”
  • Certification workflow: State Board of Elections certifies petition validity within 30 working days; appeal process to Court of Appeals available.
  • Protection against repeated attempts: Prohibition on reevaluating the same initiative for at least five years if defeated.

5) Observations

  • The 60% supermajority requirement and 8% statewide (with 3% per congressional district) signature thresholds are designed to ensure cross-cutting support and to deter frivolous or highly polarized measures.
  • The provisions emphasize transparency (full text on ballots) and voter education regarding the amendment’s effects.
  • A comprehensive implementing statute would be essential to operationalize the initiative process, including signature verification, petition circulation rules, and timetable management.

If you’d like, I can compare this proposed framework to similar citizen-initiated amendment processes in other states or provide a potential impact assessment for different stakeholder groups.

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

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