Voters could decide 4 NC constitutional amendments

Kyle Ingram, Tribune News Service

North Carolina Republicans have proposed putting four amendments to the state Constitution on the ballot in November. The proposed changes range from establishing a “right to farm” to limiting property taxes to capping the state’s income tax rate at 3.5%. Even if approved, most of the amendments would have no immediate impact on the state, as they largely codify existing policy. But Chris Cooper, a political scientist at Western Carolina University, suggested the motivation behind the amendments may be more political.

“It is probably best understood as an attempt to boost Republican turnout, but also an attempt to brand the Republican Party with popular policies,” he said. This isn’t the first year that Republican lawmakers have placed popular amendments on the ballot in anticipation of a bruising election year. In 2018, when Republicans feared a “blue wave” in the wake of Donald Trump’s first presidency, North Carolina voters saw six constitutional amendments at the polls. Those included establishing a “right to hunt and fish” and capping the state’s income tax rate at 7%.

While constitutional amendments are not subject to a veto from the governor, they do require a three-fifths supermajority vote in the state House and Senate before they can be sent to voters. While Republicans have a supermajority in the Senate, they are one member short in the House. In order to pass any of the amendments, Republicans would need to get at least one Democrat or unaffiliated House member on their side.

Here’s a closer look at each of the constitutional amendments voters may see on their Nov. 3 ballot:

Income tax cap: In 2018, voters approved a 7% cap on income tax. Lawmakers are now seeking to cut that cap in half through Senate Bill 1080, which would propose a constitutional amendment lowering it to 3.5%. The current income tax rate in North Carolina is 3.99%, but it is already scheduled to drop to 3.49% in 2027.

Democrats have raised concerns that the cap, if approved, could put future legislatures in a tight spot. “We are going to be stuck at 3.5% in one of the fastest-growing states in the entire country,” Senate Democratic leader Sydney Batch told The News & Observer. “... How are we going to pay for all the other things? The math does not math.” But Republican leadership has pushed forward with the proposal, saying that the state can make up for the lost tax revenue with new business.

“I have a lot of confidence that even at the lower rates, you’re going to see growth in the economy basically account for those additional dollars that may be needed by the state,” Senate leader Phil Berger told reporters on Tuesday.

Limiting property taxes: The second proposed amendment dealing with taxes would allow state lawmakers to impose limits on how much local governments can increase property taxes. Berger and House Speaker Destin Hall agreed to advance the two tax amendments as part of a state budget deal announced Tuesday. The amendment doesn’t set a specific limit, but rather would give the General Assembly the power to “enact general laws limiting the amount by which the levy of taxes on property may increase, which may include exceptions.” Property taxes have been a focus for state lawmakers this session, with the Senate passing a bill that would pause revaluations for a year.

Right to farm: Another amendment, filed Thursday evening as Senate Bill 1081, would establish a constitutional “right to farm.” Specifically, the proposal would guarantee “the right of the people to engage in the cultivation of crops, the raising of livestock and poultry, the production of dairy and apiary products, the harvesting of timber, and other practices for the production of agricultural and forestry commodities.” In a press release announcing the proposal, Republican Sen. Brent Jackson, a Sampson County farmer himself, claimed that “the livelihoods of farmers across the state are under attack,” though he did not reference a specific example.

“If we want agriculture to thrive in our state, we must take a serious approach to safeguard our farmers,” Jackson continued. “By putting this on the ballot, we can show farmers in every corner of this state that we value them and want them to prosper for generations to come.” North Carolina already has a right to farm law, the first version of which was passed in 1979. Proponents of the policies have argued they are needed to protect farms from lawsuits about noise or pollution filed by neighboring properties. In 2018, the legislature passed amendments to the right to farm laws after a series of successful lawsuits against hog facilities. Those amendments further narrowed the circumstances in which neighbors may file nuisance lawsuits against agricultural operations.

Right to work: The last proposed amendment, filed as Senate Bill 1082, would further solidify North Carolina’s status as a “right to work” state, in which labor unions have minimal power.

“The exercise of the right to work must be protected and maintained free from undue restraints and coercion,” the amendment states. “It is the public policy of the state that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labour organisation or association.”