Last Friday, the NC Supreme Court issued a ruling that found that two state constitutional amendments from 2018 – a requirement that voters show photo IDs at polling places and a lowering of the maximum allowable state income tax rate from 10% to 7% – may be invalid. In North Carolina, state constitutional amendments can only go on the ballot if 60% of the members of both the NC Senate and the NC House of Representatives approve them. Once they are approved by a supermajority of legislators, amendments then must get a majority of votes in a statewide election to be added to the NC Constitution.
Last Friday’s court ruling found that legislative votes on the amendments in 2018 may have been invalid because they were made by legislators from unlawful districts which were later struck down by federal courts. The case will now go back to a trial court for further hearings to determine whether the constitutional amendments will remain in place.
The Center opposed both of the amendments because of concerns that they might harm nonprofits and people served by nonprofits. The Center was concerned that the 7% cap on income tax rates could eliminate tax policy options for future legislators, possibility necessitating new taxes on nonprofits or cuts to state funding of nonprofits in the future. The Center was concerned that the voter ID requirement would make it harder for many people who receive services from nonprofits – particularly seniors and people with disabilities – to vote, potentially diminishing their voices.
Voter ID laws are currently not in place in North Carolina due to other court rulings, and the current state individual and corporate income tax rates are well below the 7% cap. Thus, even if courts ultimately strike down the two constitutional amendments, there will be no immediate change to either voting or tax policy in North Carolina. Nonetheless, the removal of the amendments from the state constitution could alleviate future harm to nonprofits and the people they serve.
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