AMENDMENTS OF 1915



AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF

              NORTH CAROLINA. 



  The General Assembly of North Carolina do enact:

  

          SECTION 1. That the Constitution of the State of North Carolina 

be and the same is hereby amended in manner and form as follows:

    I. By adding at the end of Article II a new section, to wit:

  

          "SEC. 29. The General Assembly shall not pass any local, 

private or special act or resolution:

    "Relating to the establishment of courts inferior to the superior court:

    "Relating to the appointment of justices of the peace;

    "Relating to health, sanitation and abatement of nuisances;

    "Changing the names of cities, towns and townships;

    "Authorizing the laying out, opening, altering, maintaining or 

discontinuing highways, streets or alleys:

    "Relating to ferries or bridges;

    "Relating to non-navigable streams;

    "Relating to cemeteries;

    "Relating to the pay of jurors;

    "Erecting new townships, or changing township lines, or establishing 

or changing the lines of school districts;

    "Remitting fines, penalties and forfeitures, or refunding moneys 

legally paid into the public treasury;

    "Regulating labor, trade, mining or manufacturing;

    "Extending the time for the assessment or collection of taxes or 

otherwise relieving any collector of taxes from the due performance of 

his official duties or his sureties from liability;

   "Giving effect to informal wills and deeds;

   "Nor shall the General Assembly enact any such local, private or 

special act by the partial repeal of a general law, but the General 

Assembly may at any time repeal local, private or special laws enacted by it.

   "Any local, private or special act or resolution passed in violation 

of the provisions of this section shall be void.

   "The General Assembly shall have power to pass general laws regulating 

matters set out in this section."



    II.  by adding at the end of section eleven of Article IV the 

following:  And the General Assembly, may by general laws provide for the 

selection of special or emergency judges to hold the superior courts of 

any county or district, when the judges assigned thereto by reason of 

sickness, disability, or other cause, is unable to attend and hold said 

courts, and when no other judge is available to hold the same.  Such 

special or emergency judges shall have the power and authority of regular 

judges of the superior courts, in the courts which they are so appointed 

to hold; and the General Assembly shall provide for their reasonable 

compensation.



  III. BY striking out section one of Article VIII and substituting 

therefore the following:

   "SECTION 1. NO corporation shall be created nor shall its charter be 

extended, altered, or amended by special act, except corporations, for 

charitable, educational, penal or reformatory purposes that are to be and 

remain under the patronage and control of the State; but the General 

Assembly shall provide by general laws for the chartering and 

organization of all corporations and for amending, extending, and 

forfeiture of all charters, except those above permitted by special act. 

All such general laws and special acts may be altered from time to time 

or repealed; and the General Assembly may at any time by special act 

repeal the charter of any corporation."



  IV. BY striking out section four of Article VIII, and substituting 

therefor the following:

   "It shall be the duty of the Legislature to provide by general laws 

for the organization of cities, towns, and incorporated villages, and to 

restrict their power of taxation, assessment, borrowing money, 

contracting debts, and loaning their credit, so as to prevent abuses in 

assessment and in contracting debts by such municipal corporations."

   SEC. 2. That the several amendments to the Constitution hereinbefore 

set forth as numbered from one to four inclusive, respectively, shall be 

and are hereby submitted to the qualified voters of the whole State at 

the next general election as separate amendments to the Constitution, all 

amendments proposed under each number respectively being regarded as one 

amendment.

   SEC. 3. That the said several proposed amendments shall be designated 

on ballot by their appropriate article and section numbers, and also by 

their appropriate descriptive titles, and as so designated on said ballot 

shall be consecutively numbered in the manner and form hereinafter set forth.

   SEC. 4. That the adoption of any amendment by its title by marking the 

said ballot hereinafter indicated shall have the effect of adopting the 

amendment in full as agreed upon by this General Assembly; and the 

rejection of any amendments by its title, by marking the said ballot as 

hereinafter indicated, shall have the effect of rejecting the said 

amendment as a whole, but shall not affect any other amendment.

   SEC. 5. The said ballot shall be in form substantially as follows:

     OMITTED

   SEC. 6. That, except as herein provided, the election upon the several 

amendments herein designated shall be conducted in the same manner and 

under the same regulations as provided under the laws governing general 

elections and in force at the time of said general election at which 

these amendments shall be submitted.  The said election shall be held and 

the votes returned, compared, counted and canvassed, and the result 

announced, under the same rules and regulations as are in force at the 

general election in the year of one thousand nine hundred and sixteen for 

returning, comparing, counting and canvassing the votes for Governor; and 

if the majority of the votes cast be in favor of any amendment, it shall 

be the duty of the Governor of the State to certify said amendment under 

the seal of the State to the Secretary of State, who shall enroll the 

said amendment so certified among the permanent records of his office.

   SEC. 7. That at least six months prior to the said election the 

Secretary of State shall cause to be printed not less than five hundred 

thousand (500,000) copies of the amendments to be submitted at the said 

election, in one pamphlet, together with a copy of the Constitution as it 

now stands, and a form of ballot, including number, title description, 

and instructions to voters as shown hereinbefore; and that at least one 

thousand (1,000) of said pamphlets shall be forwarded within thirty days 

after publication to the register of deeds of each county in the State 

for distribution; and that the remainder of said pamphlets shall be 

distributed under the supervision of the Governor and Secretary of State.

    SEC. 8. Each amendment on which the number of affirmative votes shall 

exceed the number of negative votes shall become a part of the 

Constitution; and any amendment so adopted shall take effect on the 

second Wednesday after the first Monday in January in the year one 

thousand nine hundred and seventeen. Any provision of the amendments 

passed and submitted by this General Assembly and so adopted by the 

qualified voters inconsistent with or in conflict with any provisions of 

the present Constitution shall be held to prevail.

   SEC. 9. All laws and clauses of laws in conflict with the provisions 

of this act are hereby repealed.

   SEC. 10. This act shall be in force from and after its ratification.

   In the General Assembly read three times and ratified this the 9th day 

of March, 1915.

    RATIFIED





 AMENDMENTS OF 1917





I. AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA IN REGARD  THE 

TAXATION OF HOMESTEAD NOTES AND MORTGAGES.

 

  The General Assembly of North Carolina do exact:

     SECTION 1. That section three of article five of the Constitution of 

North Carolina and the same is hereby amended by striking out the period 

after the word "money" at end of the first sentence, and by inserting a 

colon in lieu thereof, and inserting between colon and the word "The" in 

the next sentence the following: "Provided, notes, mortgages and all 

other evidence of indebtedness given in good faith for the purchase price 

of a home, when said purchase price does not exceed three thousand 

dollars, and said notes, mortgages, and other evidence of indebtedness 

shall be made to run for not less than five nor more than twenty years, 

shall be exempt from taxation of every kind: Provided, that

the interest carried by such notes and mortgages shall not exceed five 

and one-half percent."

   SEC. 2. That this amendment shall be submitted at the next general 

election to the qualified voters of the State in the same manner and 

under the same rules and regulations as provided in the law regulating 

general elections in this State.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. That the said election shall be held and the votes returned, 

compared, counted, and canvassed, and the result announced, under the 

same rules and regulations as are in force at the general election in the 

year one thousand nine hundred and eighteen for returning, comparing, 

counting, and canvassing the votes for Governor; and if a majority of the 

votes cast be in favor of the amendment, it shall be the duty of the 

Governor of the State to certify said amendment under the seal of the 

State to the Secretary of State who shall enroll the said amendment so 

certified among the permanent records of his office.

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this act are hereby repealed.

   SEC. 6. That this act shall be in force from and after its ratification.

   Ratified this the 5th day of March A. D. 1917.

   RATIFIED



   

II. AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA SO AS TO IN SURE A 

SIX MONTHS SCHOOL TERM.

  

  The General Assembly of North Carolina do enact:

     SECTION 1. That section three, article ;line of the Constitution of 

North Carolina  be and the same is hereby amended by striking out 

therefrom the words "four months" and inserting in lieu thereof the words 

"six months."

   SEC. 2. That this amendment shall be submitted, at the next general 

election, to the qualified voters of the State in the same manner and 

under the same rules and regulations as provided in the law regulating 

general elections in this State.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section is similar to Sec. 4 of Amendment I.)

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this act are hereby repealed.

   SEC. 6. That this act shall be in force from and after its ratification.

   Ratified this the 6th day of March, A. D. 1917.

    RATIFIED







AMENDMENTS OF 1919



AN ACT TO AMEND THE CONSTITUTION OF THE STATE

            OF NORTH CAROLINA.



  The General Assembly of North Carolina do enact:

  SECTION 1. That the Constitution of the State of North Carolina be and 

the same is hereby amended in manner and form as follows:

   I. Amended Article 5, Section 3, by repealing the proviso in said 

section "that no income shall be taxed when the property from which the 

income is derived is taxed," and substituting in lieu thereof the 

following: "Provided, the rate of tax on incomes shall in no case exceed 

six per cent, and there shall be allowed the following exemptions in the 

nature of a deduction from the amount of annual incomes, to wit: of a 

married man with a wife living with him, and of a widow or widower having 

minor child or children, not less than two thousand dollars, and of all 

other persons not less than one thousand dollars: Provided further, the 

General Assembly may tax, without exemption, the income or interest 

received or accrued from solvent credits, at a rate not exceeding twenty 

per cent, in lieu of all other taxes on such property."

    II. By striking out section one of Article V and substituting 

therefor the following:

    "Section 1. The General Assembly may levy a capitation tax on every 

male inhabitant of the State over twenty-one and under fifty years of 

age, which said tax shall not exceed two dollars, and cities and towns 

may levy a capitation tax which shall not exceed one dollar. No other 

capitation tax shall be levied. The commissioners of the several counties 

and of the cities and towns may exempt from the capitation tax any 

special cases on account of poverty or infirmity."

   III. By adding to section 6 of Article V the following:

   "The total of the State and county tax on property shall not exceed 

sixty-six and two-thirds cents on the one hundred dollars value of 

property except when the county property tax is levied for a special 

purpose and with the special approval of the General Assembly."

   IV. By striking out the first sentence of section 2 of Article VI, and 

substituting

therefor the following:

   "He shall reside in the State of North Carolina for one year and in 

the precinct, ward or other election district in which he offers to vote 

four months next preceding the election.

   V. By striking out of section 4 of Article VI the following:

    "And before he shall be entitled to vote he shall have paid, on or 

before the first day of May of the year in which he proposes to vote, his 

poll tax for the previous year as prescribed by Article V, section 1, of 

the Constitution."



   SEC. 2. That Amendments I, II, and III to the Constitution shall be 

considered as one amendment, and Amendments IV and V be considered as one 

amendment, and shall be submitted to the qualified voters of the whole 

State at the next general election.

    SEC. 3 and SEC. 4. (These sections contained descriptions of the 

ballot proposals.)

    SEC. 5. That the election upon the amendments shall be conducted in 

the same manner and under the same rules and regulations as provided by 

the laws governing general elections; and if the majority of the votes 

cast be in favor of amendments, or either of them, it shall be the duty 

of the Governor of the State to certify the amendment or amendments 

receiving a majority of votes cast under the seal of the State to the 

Secretary of State, who shall enroll the said amendment or amendments so 

certified among the permanent records of his office, and the same shall 

be in force, and every part thereof, from and after

the date of such certification.

   SEC. 6. This act shall be in force from and after its ratification.

   Ratified this 5th day of March, A. D. 1919.

  RATIFIED







AMENDMENT OF 1921

                    







    AMENDMENT OF 1923

                   

AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA TO PUT A 

LIMITATION UPON THE STATE DEBT. 



  The General Assembly of North Carolina do enact:

  SECTION 1. That the Constitution of the State of North Carolina be and 

the same is hereby amended in manner and form as follows:

   By striking out from section four of article five of the Constitution 

the words "Until the bonds of the State shall be at par, the General 

Assembly shall have no power to contract any new debt or pecuniary 

obligation in behalf of the State except to supply a casual deficit, or 

for suppressing invasion or insurrection, unless it shall in the same 

bill levy a special tax to pay the interest annually." and by inserting 

in lieu of the words so stricken the following:

   "Except for the refunding of valid bonded debt, and except to supply a 

casual deficit, or for suppressing invasions or insurrections, the 

General Assembly shall have no power to contract any new debt or 

pecuniary obligation in behalf of the State to an amount exceeding in the 

aggregate, including the then existing debt recognized by the State, and 

deducting sinking funds then on hand, and the par value of the stock in 

the North Carolina Railroad Company and the Atlantic and North Carolina 

Railroad Company owned by the State, seven and one-half per cent of the 

assessed valuation of taxable property within the State as last fixed for 

taxation "

   SEC. 2. That this amendment shall be submitted to the qualified voters 

of all the State at the next general election.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. That the election upon this amendment shall be conducted in 

the same manner and under the same rules and regulations as provided by 

the laws governing general elections; and if a majority of the votes cast 

be in favor of the amendment it shall be the duty of the Governor of the 

State to certify the amendment under the seal of the State to the 

Secretary of State, who shall enroll the said amendment so certified 

among the permanent records of his office, and the same shall be in 

force, and every part thereof, from and after the date of such certification.

   SEC. 5. That this act shall be in force from and after its ratification

   Ratified this the 3d day of March, A. D. 1923.

   RATIFIED







 AMENDMENTS OF 1924

                   







   II. AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA,  

TO PROVIDE FOR THE INVIOLABILITY OF SINKING FUNDS.

 

  The General Assembly of North Carolina do enact:

     SECTION 1. That the Constitution of North Carolina be and the same 

is hereby amended in manner and form as follows: Insert a new section, 

which shall be known as section thirty of article two, said section to 

read as follows:

   SEC. 30. The General Assembly shall not use, nor authorize to be used, 

any part of the amount of any sinking fund for any purpose other than the 

retirement of the bonds for which said sinking fund has been created."

   SEC. 2. That this amendment shall be submitted to all the qualified 

voters of the State at the next general election.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. That the election upon the amendment shall be conducted in the 

same manner and under the same rules and regulations as provided by the 

laws governing general elections; and if the majority of the votes cast 

be in favor of the amendment, it shall be the duty of the Governor of the 

State to certify the amendment under the Seal of the State to the 

Secretary of State, who shall enroll the said amendment so certified 

among the permanent records of his office, and the same shall be in 

force, and every part thereof, from and after the date of such certification.

   SEC. 5. That this act shall be in force from and after its ratification.

   Ratified this the 23rd day of August, A. D. 1924.

RATIFIED



   III. AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA IN REGARD  TO 

THE TAXATION OF HOMES, HOMESTEADS, NOTES, AND MORTGAGES.



   The General Assem bly of North Carolina do enact:

    SECTION 1. That section three of article five of the Constitution of 

North Carolina be and the same is hereby amended by striking out 

"Provided, notes, mortgages, and all other evidence of indebtedness, 

given in good faith for the purchase price of a home when said purchase 

price does not exceed three thousand dollars ($3,000), and said notes, 

mortgages, and other evidences of indebtedness shall be made to run for 

not less than five nor more than twenty years, shall be exempt from 

taxation of every kind: Provided, that the interest

carried by such notes and mortgages shall not exceed five and one-half 

per cent," and inserting in lieu thereof the following:

   "Provided, notes, mortgages and all other evidences of indebtedness, 

or any renewal thereof, given in good faith to build, repair, or purchase 

a home, when said loan does not exceed eight thousand dollars ($8,000), 

and said notes and mortgages and other evidences of indebtedness, or any 

renewal thereof, shall be made to run for not less than one nor more than 

thirty-three years, shall be exempt from taxation of every kind for fifty 

per cent of the value of the notes and mortgages: Provided, the holder of 

said note or notes must reside in the county where the land lies, and 

there list it for taxation: Provided further, that when said notes and 

mortgages are held and taxed in the county where the home is situated, 

then the owner of the home shall be exempt from taxation of every kind 

for fifty per cent of the value of said notes and mortgages. The word 

"home" is defined to mean lands, whether consisting of a building lot or 

a larger tract, together with all the buildings and outbuildings which 

the owner in good faith intends to use as a dwelling place for himself or 

herself, which shall be conclusively established by the actual use and 

occupancy of such premises as a dwelling place of the purchaser or owner 

for a period of three months.

   SEC. 2. That this amendment shall be submitted at the next general 

election to the qualified voters of the State in the same manner and 

under the same rules and regulations as provided in the law regulating 

general elections in this State.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. That the election upon the amendment shall be conducted in the 

same manner and under the same rules and regulations as provided by the 

laws governing general elections; and if the majority of the votes cast 

be in favor of the amendment, it shall be the duty of the Governor of the 

State to certify the amendment under the Seal of the State to the 

Secretary of State, who shall enroll the said amendment so certified 

among the permanent records of his office, and the same shall be in 

force, and every part thereof, from and after the date of such certification.

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this act are hereby repealed.

    SEC. 6. That this act shall be in force from and after the ratification.

    Ratified this the 23d day of August, A. D. 1924.

RATIFIED







AMENDMENT OF 1925



AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA, RELATING TO ELECTION 

RETURNS FOR OFFICERS OF THE EXECUTIVE DEPARTMENT.



     The General Assembly of North Carolina do enact:

     SECTION 1. That section three of article three of the Constitution 

of North Carolina be and the same is hereby amended by striking out all 

of section three and inserting in lieu thereof the following: "Section 

three. The return of every election for officers of the Executive 

department shall be sealed up and transmitted to the seat of government 

by the returning officer, directed to the Secretary of State. The return 

shall be canvassed and the result declared in such manner as may be 

prescribed by law. Contested elections shall be determined by a joint 

ballot of both houses of the General Assembly in such manner as shall be 

prescribed by law."

    SEC. 2. That this amendment shall be submitted at the next general 

election to the qualified voters of the State in the same manner and 

under the same rules and regulations as provided in the law regulating 

general elections in this State.

    SEC. 3. (This section contained a description of the ballot proposal.)

    SEC. 4. That the said election shall be held and the votes returned, 

compared, counted and canvassed, and the result announced under the same 

rules and regulations as are in force at the general election in the year 

one thousand nine hundred and twenty-six for returning, comparing, 

counting and canvassing the votes for Governor; and if a majority of the 

votes cast be in favor of the amendment, it shall be the duty of the 

Governor of the State to certify said amendment under the seal of the 

State to the Secretary of State, who shall

enroll the said amendment so certified among the permanent records of his 

office.

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this act are hereby repealed.

   SEC. 6. That this act shall be in force from and after its ratification.

   Ratified this the 28th day of February, A. D. 1925.

RATIFIED







 AMENDMENTS OF 1927







   II. AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA  

RELATIVE TO COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY.



    The General Assembly of North Carolina do enact:

     SECTION 1. That the Constitution of the State of North Carolina, be 

and it is hereby amended, by striking out section twenty-eight, article 

two, and inserting in lieu thereof, the following:

   "Section twenty-eight. Pay of members and officers of the General 

Assembly.

members of the General Assembly for the term of their office shall 

receive a salary for their services of six hundred dollars each. The 

salaries of the presiding officers of the two houses shall be seven 

hundred dollars each: Provided, that in addition to the salaries herein 

provided for, should an extra session of the General Assembly be called, 

the members shall receive eight dollars per day each, and the presiding 

officers of the two houses ten dollars per day each, for every day of 

such extra session not exceeding twenty days; and should an extra session 

continue more than twenty days, the members and officers shall serve 

thereafter without pay."

   SEC. 2. That this amendment shall be submitted to the qualified voters 

of the whole State at the next general election after the ratification of 

this act.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. That the election upon this amendment shall be conducted in 

the same manner and under the same rules and regulations as provided by 

the laws governing general elections; and, if a majority of the votes 

cast be in favor of the amendment, it shall be the duty of the Governor 

of the State to certify the amendment under the Seal of the State to the 

Secretary of State, who shall enroll the said amendment so certified 

among the permanent records of his office, and the same shall be in 

force, and very part thereof from and after the date of such certification.

   SEC. 5. That this act shall be in force from and after its ratification.

   Ratified this the 9th day of March, A. D. 1927.

   RATIFIED















  III. AN ACT TO SUBMIT A PROPOSED AMENDMENT TO THE CONSTITUTION OF  

NORTH CAROLINA TO PROTECT INSURANCE FOR WIVES AND CHILDREN   FROM 

CREDITORS DURING LIFE OF INSURED.

  

  The General Assembly of North Carolina do enact:

  SECTION 1. That there shall be submitted to the Electorate of North 

Carolina at the next general election for State officers a proposition to 

amend the Constitution of this State, article ten, section seven (7), and 

it shall be the duty of the Board of Elections to cause ballots and 

proper boxes to be prepared to that end and purpose, which ballots shall 

read "For Amendment to Constitution to Protect Insurance for Widows and 

Children Against Creditors of Insured," and ballots on which shall be 

written "Against Constitutional Amendment to Protect Insurance for Widows 

and Children Against Creditors of Insured."

   SEC. 2. That if a majority of the votes cast shall be "For Amendment 

to Constitution to Protect Insurance for Widows and Children Against 

Creditors of Insured," then, and in that event, article ten, section 

seven (7), of the Constitution of this State shall be, and become amended 

as follows, at the end thereof, to wit:

   "And the policy shall not be subject to claims of creditors of the 

insured during the life of the insured, if the insurance issued is for 

the sole use and benefit of the wife and/or children."

   SEC. 3. That if upon the canvass of the election upon the amendment it 

shall be ascertained that a majority of the votes cast in said election 

are in favor of the amendment it shall be the duty of the Governor of the 

State to certify the amendment under the seal of the State to the 

Secretary of the State who shall enroll said amendment so certified among 

the permanent records of his office, and the same shall be in force and 

every part thereof from and  after the  date of such certification.

   SEC. 4. That all laws and clauses of laws in conflict with this act 

are hereby repealed.

   SEC. 5. That this act shall be in force and effect from and after its 

ratification.

Ratified this the 10th day of April, A. D. 1931.

RATIFIED









    AMENDMENTS OF 1935

                   

I. AN ACT TO AMEND THE CONSTITUTION TO PERMIT CLASSIFICATION OF PROP ERTY 

FOR TAXATION, ENCOURAGEMENT OF HOME OWNERSHIP, TO IN CREASE THE LIMIT FOR 

INCOME TAXATION AND TO LIMIT THE POWER OF  STATE AND LOCAL GOVERNMENT TO 

BORROW MONEY WITHOUT A VOTE OF  THE PEOPLE. 

 

  The General Assembly of North Carolina do enact:

   SECTION 1. That article seven of the Constitution of North Carolina be 

amended by striking out sub-section nine, and re-numbering the remaining 

sub-sections, and that article five of the Constitution of North Carolina 

be amended by striking out all of section three of said article down to, 

and including, the word "months," in line twenty-six (as printed in the 

Public Laws of North Carolina, Session of 1933), and substituting in lieu 

thereof the following:

   "SEC. 3. State Taxation. The power of taxation shall be exercised in a 

just and equitable manner, and shall never be surrendered, suspended or 

contracted away. Taxes on property shall be uniform as to each class of 

property taxed. Taxes shall be levied only for public purposes, and every 

act levying a tax shall state the object to which it is to be applied."

    SEC. 2. That article five of the Constitution of North Carolina be 

further amended by striking out in lines twenty-eight and twenty-nine of 

sub-section three of said Article (as printed in the Public Laws of North 

Carolina, Session of 1933) the words and figures "six per cent (6 9 ) ," 

and inserting in lieu thereof the words and figures "ten per cent ( 10 9 

) ."

    SEC. 3. That Article five of the Constitution of North Carolina, as 

printed in the

Public Laws of North Carolina, Session of 1933, be amended by striking 

out all of section four of said Article down to and including the word 

"taxation" in line twelve, and substituting in lieu thereof the following:

   "SEC. 4. Limitations upon the increase of public debts. The General 

Assembly shall have the power to contract debts and to pledge the faith 

and credit of the State and to authorize counties and municipalities to 

contract debts and pledge their faith and credit for the following purposes:

   "To fund or refund a valid existing debt;

   "To borrow in anticipation of the collection of taxes due and payable 

within the fiscal year to an amount not exceeding fifty per centum of 

such taxes;

   "To supply a casual deficit;

   "To suppress riots or insurrections, or to repel invasions.

   "For any purpose other than these enumerated, the General Assembly 

shall have no power, during any biennium, to contract new debts on behalf 

of the State to an amount in excess of two-thirds of the amount by which 

the State's outstanding indebtedness shall have been reduced during the 

next preceeding biennium, unless the subject be submitted to a vote of 

the people of the State; and for any purpose other than these enumerated 

the General Assembly shall have no power to authorize counties or 

municipalities to contract debts, and counties and municipalities shall 

not contract debts, during any fiscal year to an amount exceeding 

two-thirds of the amount by which the outstanding indebtedness of the 

particular county or municipality shall have been reduced during the next 

preceding fiscal year, unless the subject be submitted to a vote of the 

people of the particular county or municipality. In any election held in 

the State or in any county or municipality under the provisions of this 

section, the proposed indebtedness must be approved by a majority of 

those who shall vote thereon."

    SEC. 4. That sections one (1), two (2) and three (3) of this act be 

submitted separately at the next General Election to the qualified voters 

of the State in the same manner and under the same rules and regulations 

as provided in the laws governing general elections in this State.

   SEC. 5, 6, and 7. (These sections contained descriptions of the ballot 

proposals.)

   SEC. 8. That the election upon these amendments shall be conducted in 

the same manner and under the same rules and regulations as provided by 

the laws governing general elections; and, if a majority of the votes 

cast be in favor of any one or more of these amendments, it shall be the 

duty of the Governor of the State to certify the amendment or amendments 

so adopted under the seal of the State to the Secretary of State, who 

shall enroll the said amendment or amendments so certified among the 

permanent records of his office, and the amendment or amendments so 

certified shall be in force, and every part thereof, from and after the 

date of such certification.."

   SEC. 9. That all laws and clauses of laws in conflict with the 

provisions of this act are hereby repealed.

    SEC. 10. That this act shall be in full force and effect from and 

after its ratification.

    Ratified this the 29th day of April, A. D. 1935.

  RATIFIED

   

II. AN ACT TO AMEND SECTION SIX OF ARTICLE FOUR OF THE CONSTITUTION   OF 

NORTH CAROLINA RELATING TO THE SUPREME COURT, AND TO AMEND   SECTION FIVE 

OF ARTICLE FIVE OF THE CONSTITUTION OF NORTH CAROLINA   AUTHORIZING THE 

GENERAL ASSEMBLY TO PASS LAWS EXEMPTING FROM   TAXATION NOT EXCEEDING ONE 

THOUSAND DOLLARS ($1,000.00) IN VALUE   OF PROPERTY HELD AND USED AS 

PLACE OF RESIDENCE OF THE OWNER.

  

  The General Assembly of North Carolina do enact:

  SECTION 1. That section six of article four of the Constitution of 

North Carolina be stricken out and the following inserted in lieu thereof:

   "Supreme Court. The Supreme Court shall consist of a Chief Justice and 

four Associate Justices. The General Assembly may increase the number of 

Associate Justices to not more than six when the work of the Court so 

requires. The Court shall have power to sit in divisions, when in its 

judgment this is necessary for the proper dispatch of business, and to 

make rules for the distribution of business between the divisions and for 

the hearing of cases by the full Court. No decision of any division shall 

become the judgment of the Court unless concurred in by a majority of all 

the justices; and no case involving a construction of the Constitution of 

the State or of the United States shall be decided except by the Court in 

banc. All sessions of the Court shall be held in the City of Raleigh. This

amendment made to the Constitution of North Carolina shall not have the 

effect to vacate any office or term of office now existing under the 

Constitution of the State, and filled or held by virtue of any election 

or appointment under the said Constitution, and the laws of the State 

made in pursuance thereof."

   SEC. 2. That section five of article five of the Constitution of North 

Carolina be

amended by adding at the end of section five the following: "The General  

Assembly may exempt from taxation not exceeding one thousand dollars 

($1,000.00) in value of property held and used as the place of residence 

of the owner."

   SEC. 3. That sections one and two of this act be submitted separately 

at the next general election to the qualified voters of the State in the 

same manner and under the same rules and regulations as provided in the 

laws governing general elections in the State.

   SEC. 4. and Sec. 5. (These sections contained descriptions of the 

ballot  proposals.)

   SEC. 6. (This section is similar to Section 8 of Amendment I.)

   SEC. 7. This act shall be in full force and effect from and after its 

ratification.

   Ratified this the 11th day of May, A. D. 1935,

  RATIFIED





 AMENDMENTS OF 1937



I. AN ACT TO AMEND SECTION TWENTY-FOUR OF ARTICLE FOUR OF THE 

CONSTITUTION OF NORTH CAROLINA RELATIVE TO SHERIFFS.

 

  The General Assembly of North Carolina do enact:

   SECTION 1. That section twenty-four of article four of the 

Constitution of North Carolina be and the same is hereby amended to read 

as follows:

   "SEC. 24. Sheriffs and Coroners. In each county a sheriff and a 

coroner shall be elected by the qualified voters thereof as is prescribed 

for the members of the General Assembly, and shall hold their offices for 

a period of four years. In each township there shall be a constable 

elected in like manner by the voters thereof, who shall hold his office 

for a period of two years. When there is no coroner in a county the Clerk 

of the Superior Court for the county may appoint one for special cases. 

In case of a vacancy existing for any cause in any of the offices created 

by this section the commissioners of the county may appoint to such 

office for the unexpired term."

   SEC. 2. That at the next general election to be held in North Carolina 

in the year one thousand nine hundred and thirty-eight this amendment 

shall be submitted to the qualified voters of the State in the same 

manner and under the same rules and regulations as provided in the laws 

governing general elections in the State

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. That the election upon this amendment, except as otherwise 

provided in this Act, shall be held and conducted under the same laws, 

rules and regulations as now prescribed for the holding and conducting of 

elections for members of the General Assembly, and the returns of said 

election shall be canvassed and declared as is now prescribed by law for 

the election of State officers.

   SEC. 5. That if, upon the canvass of the election upon this amendment, 

it shall be ascertained that a majority of the votes cast be in favor of 

this amendment, it shall be the duty of the Governor of the State to 

certify the amendment under the seal of the State to the Secretary of 

State, who shall enroll said amendment so certified among the permanent 

records of his office, and the amendment and every part thereof so 

certified shall be in force from and after the date of such certification.

   SEC. 6. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed.

   SEC. 7. That this Act shall be in full force and effect from and after 

its ratification.

   Ratified this the 20th day of March, A.D. 1937.

RATIFIED



II.  AN ACT TO AMEND THE CONSTITUTION TO PERMIT THE GENERAL ASSEMBLY   TO 

CREATE A DEPARTMENT OF JUSTICE IN ORDER TO SECURE THE UNIFORM   AND 

ADEQUATE ADMINISTRATION OF THE CRIMINAL LAWS OF THE STATE.

  

  The General Assembly of North Carolina do enact:

  SECTION l. That Article three of the Constitution of North Carolina be 

amended by adding a new section as follows:

   "Section 18. The General Assembly is authorized and empowered to 

create a Department of Justice under the supervision and direction of the 

Attorney General, and to enact suitable laws defining the authority of 

the Attorney General and other officers and agencies concerning the 

prosecution of crime and the administration of the criminal laws of the 

State."

   SEC. 2. That section one of this Act be submitted at the next general 

election to the qualified voters in the State, in the same way and 

manner, and under the same rules and regulations as provided in the laws 

governing general elections in this State.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section was similar to Sections 4 and 5 of Amendment I.)

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

hereby repealed.

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification.

   Ratified this the 23rd day of March, A. D. 1937.

RATIFIED





AMENDMENTS OF 1941



I. AN ACT TO AMEND THE CONSTITUTION PROVIDING FOR THE ORGANIZATION  OF 

THE STATE BOARD OF EDUCATION AND THE POWERS AND DUTIES OF THE SAME.



  The General Assembly of North Carolina do enact:

   SECTION 1. That Article IX, Sections eight and nine, of the 

Constitution of North Carolina be amended by substituting for the said 

sections the following:

   "SEC. 8. State Board of Education. The general supervision and 

administration of the free public school system, and of the educational 

funds provided for the support thereof, shall, from and after the first 

day of April, one thousand nine hundred and forty-three, be vested in a 

State Board of Education to consist of the Lieutenant Governor, State 

Treasurer, the Superintendent of Public Instruction, and one member from 

each Congressional District to be appointed by the Governor. The State 

Superintendent of Public Instruction shall have general supervision of 

the public schools and shall be secretary of the board. There shall be a 

comptroller appointed by the Board, subject to the approval of the 

Governor as director of the Budget who shall serve at the will of the 

board and who, under the direction of the board, shall have supervision 

and management of the fiscal affairs of the board. The appointive members 

of the State Board of Education shall be subject to confirmation by the 

General Assembly in joint session. A majority of the members of said 

board shall be persons of training and experience in business and 

finance, who shall not be connected with the teaching profession or any 

educational administration of the State. The first appointments under 

this section shall be members from odd numbered Congressional Districts 

for two years, and members from even numbered Congressional Districts for 

four years and, thereafter, all appointments shall be made for a term of 

four years. All appointments to fill vacancies shall be made by the 

Governor for the unexpired term, which appointments shall not be subject 

to confirmation. The board shall elect a chairman and a vice-chairman. A 

majority of the board shall constitute a quorum for the transaction of 

business. The Per diem and expenses of the appointive members of the 

board shall be provided by the General Assembly."

   SEC. 2. That Article IX, Sections ten, eleven, twelve and thirteen, of 

the Constitution of North Carolina, be amended by substituting thereof 

one section, to be designated as Section nine, which shall be as follows:

   "SEC. 9. Powers and Duties of the Board. The State Board of Education 

shall succeed to all the powers and trusts of the President and Directors 

of the Literary Fund of North Carolina and the State Board of Education 

as heretofore constituted. The State Board of Education shall have power 

to divide the State into a convenient number of school districts; to 

regulate the grade, salary and qualifications of teachers; to provide for 

the selection and adoption of the text books to be used in the public 

schools; to apportion and equalize the public school funds over the 

State; and generally to supervise and administer the free public school 

system of the State and make all needful rules and regulations in 

relation thereto. All the powers enumerated in this section shall be 

exercised in conformity with this Constitution and subject to such laws 

as may be enacted from time to time by the General Assembly."

   SEC. 3. That Sections fourteen and fifteen of Article IX of the 

Constitution of North Carolina shall be changed to Sections ten and 

eleven of Article IX of the Constitution of North Carolina.

   SEC. 4. That Sections one, two and three of this Act shall be 

submitted at the next general election of the qualified voters in the 

State, in the same way and manner, and under the same rules and 

regulations as provided in the laws governing general elections in this 

State.

    SEC. 5. (This section contained a description of the ballot proposal.)

    SEC. 6. That the election upon these amendments shall be conducted in 

the same manner and under the same rules and regulations as provided by 

the laws governing general elections, and if a majority of the votes cast 

be in favor of these amendments, it shall be the duty of the Governor of 

the State to certify the amendments under the Seal of the State to the 

Secretary of State, who shall enroll said amendments so certified among 

the permanent records of his office, and the amendments so certified, and 

every part thereof, shall be in force from and after the date of such 

certification.

   SEC. 7. That all laws and clauses of laws in conflict with this Act 

are hereby repealed.

  SEC. 8. That this Act shall be in full force and effect from and after 

its ratification.

     In the General Assembly read three times and ratified, this the 13th 

day of March, 1941.

RATIFIED



II. AN ACT TO AMEND SECTION TWENTY-THREE OF ARTICLE FOUR OF THE CON 

STITUTION OF NORTH CAROLINA, RELATING TO SOLICITORS.

  

  The General Assembly of North Carolina do enact:

  SECTION 1. That Section twenty-three of Article four of the 

Constitution of North Carolina be. and the same hereby  is. amended to 

read as follows:

   "SEC. 23. The State shall be divided into twenty-one solicitorial 

districts, for each of which a solicitor shall be chosen by the qualified 

voters thereof, as is prescribed for members of the General Assembly, who 

shall hold office for the term of four years, and prosecute on behalf of 

the State in all criminal actions in the Superior Courts, and advise the 

officers of justice in his district. But the General Assembly may reduce 

or increase the number of solicitorial districts, which need not 

correspond to, or be the same as, the judicial districts of the State."

   SEC. 2. That this amendment shall be submitted to the qualified voters 

in the State at the next general election, in the same way and manner, 

and under the same rules and regulations as provided in the laws 

governing general elections in this State.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section is similar to Section 6 of Amendment I.)

   SEC. 5. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed.

    SEC. 6. That this Act shall be in full force and effect from and 

after its ratification.

   In the General Assembly read three times and ratified, this the 15th 

day of March, 1941.

RATIFIED

 



 AMENDMENTS OF 1943



 I. AN ACT TO AMEND THE CONSTITUTION TO MAKE THE COMMISSIONER OF  

AGRICULTURE AND THE COMMISSIONER OF LABOR CONSTITUTIONAL OFFICERS AND 

MEMBERS OF THE COUNCIL OF STATE.



  The General Assembly of North Carolina do enact:

   SECTION 1. Section one of Article three of the Constitution of North 

Carolina is here by amended to read as follows:

   "SECTION l. Officers of the executive department; terms of office. The 

executive department shall consist of a Governor, in whom shall be vested 

the supreme executive pow er of the State; a Lieutenant Governor, a 

Secretary of State, an Auditor, a Treasurer, a  Superintendent of Public 

Instruction, an Attorney General, a Commissioner of Agriculture, a 

Commissioner of Labor, and a Commissioner of Insurance, who shall be 

elected for a term of four years by the qualified electors of the State, 

at the same time and places and  in the same manner as members of the 

General Assembly are elected. Their term of office  shall commence on the 

first day of January next after their election, and continue until their  

successors are elected and qualified; Provided, that the officers first 

elected shall assume  the duties of their office ten days after the 

approval of this Constitution by the Congress of  the United States, and 

shall hold their offices four years from and after the first day of  

January."

   SEC. 2. That Section thirteen of Article three of the Constitution of 

North Carolina  is hereby amended to read as follows:

   "SEC. 13. Duties of other executive officers. The respective duties of 

the Secretary  of State, Auditor, Treasurer, Superintendent of Public 

Instruction, Attorney General,  Commissioner of Agriculture, Commissioner 

of Labor, and Commissioner of Insurance  shall be prescribed by law. If 

the office of any of said officers shall be vacated by death,  

resignation, or otherwise, it shall be the duty of the Governor to 

appoint another until the  disability be removed or his successor be 

selected and qualified. Every such vacancy shall  be filled by election 

at the first general election that occurs more than thirty days after the |

 vacancy has taken place, and the person chosen shall hold the office for 

the remainder of  the unexpired term fixed in the first section of this 

article."

   SEC. 3. That Section fourteen of Article three of the Constitution of 

North Carolina  is hereby amended to read as follows:

   "SEC. 14. Council of State. The Secretary of State, Auditor, 

Treasurer, Superintend ent of Public Instruction, Commissioner of 

Agriculture, Commissioner of Labor, and Com missioner of Insurance shall 

constitute, ex officio, the Council of State who shall advise  the 

Governor in the execution of his office, and three of whom shall 

constitute a quorum;  their advice and proceedings in this capacity shall 

be entered in a journal, to be kept for  this purpose, exclusively, and 

signed by the members present, from any part of which any  member may 

enter his dissent; and such journal shall be placed before the General 

Assem bly when called for by either house. The Attorney General shall be, 

ex officio, the legal ad viser of the executive department."

   SEC. 4. Sections one, two and three of this Act shall be submitted at 

the next general election to the qualified voters in the State, in the 

same way and manner, and under the same rules and regulations as provided 

in the laws governing general elections in this State. 

    SEC. 5. (This section contained a description of the ballot 

proposal.) 

    SEC. 6. The election upon these amendments shall be conducted in the 

same manner and under the same rules and regulations as provided by the 

laws governing general elections, and if a majority of the votes cast be 

in favor of these amendments, it shall be the duty of the Governor of the 

State to certify these amendments under the Seal of the State to the 

Secretary of State, who shall enroll the said amendments so certified 

among the permanent records of his office, and the amendments so 

certified shall be in force, and every part thereof, from and after the 

date of such certification. 

   SEC. 7. The persons elected to the offices of Commissioner of 

Agriculture, Commissioner of Labor, and Commissioner of Insurance in the 

general election to be held on the first Tuesday after the first Monday 

in November, one thousand nine hundred and forty-four, shall, in the 

event the amendments proposed in Sections one, two and three of this Act 

are adopted, be deemed to have been elected to the constitutional offices 

of Commissioner of Agriculture, Commissioner of Labor, and Commissioner 

of Insurance. 

   SEC. 8. All laws and clauses of laws in conflict with this Act are 

hereby repealed.

   SEC. 9. This Act shall be in full force and effect from and after its 

ratification.

   Ratified this the 10th day of February, 1943. 

RATIFIED 





  II. AN ACT TO AMEND SECTION SEVEN OF ARTICLE FOURTEEN OF THE 

CONSTITUTION OF NORTH CAROLINA, RELATING TO DOUBLE OFFICE HOLDING.



   The General Assembly of North Carolina do enact: 

    SECTION 1. That Section seven of Article fourteen of the Constitution 

of North Carolina be, and the same hereby is, amended by rewriting the 

proviso of said section to read as follows, it being the intent and 

purpose of this amendment to exempt notaries public from the prohibition 

of double office holding: 

   "Provided, that nothing herein contained shall extend to officers in 

the militia, notaries public, justices of the peace, commissioners of 

public charities, or commissioners for special purposes." 

   SEC. 2. That this amendment shall be submitted to the qualified voters 

in the State at the next general election, in the same way and manner, 

and under the same rules and regulations as provided in the laws 

governing general elections in this State. 

   SEC. 3. (This section contained a description of the ballot proposal.) 

   SEC. 4. (This section is similar to Section 6 of Amendment I.) 

   SEC. 5. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed. 

   SEC. 6. That this Act shall be in full force and effect from and after 

its ratification. Ratified this the 4th day of March, 1943. 

   RATIFIED



     III. AN ACT TO AMEND THE CONSTITUTION PROVIDING FOR THE ORGANI 

ZATION OF THE STATE BOARD OF EDUCATION.



 The General Assembly of North Carolina do enact:

 SECTION 1. Article IX, Section eight, of the Constitution of North 

Carolina is hereby  amended by substituting for the said section the 

following:

   "SEC. 8. State Board of Education. The general supervision and 

administration of  the free public school system, and of the educational 

funds provided for the support there of, except those mentioned in 

Section five of this Article, shall, from and after the first day  of 

April one thousand nine hundred and forty-five, be vested in the State 

Board of Educa tion to consist of the Lieutenant Governor, State 

Treasurer, the Superintendent of Public  Instruction, and ten members to 

be appointed by the Governor, subject to confirmation by the General 

Assembly in joint session. The General Assembly shall divide the State 

into  eight educational districts, which may be altered from time to time 

by the General Assem bly. Of the appointive members of the State Board of 

Education, one shall be appointed

 from each of the eight educational districts, and two shall be appointed 

as members at  large. The first appointments under this section shall be: 

Two members appointed from educational districts for terms of two years; 

two members appointed from educational districts for terms of four 

years;  two members appointed from educational districts for  terms of 

six years; and two members appointed from educational districts for terms 

of eight years. One member at large shall be appointed for a period of 

four years and one  member at large shall be appointed for a period of 

eight years. All subsequent appointments shall be for terms of eight 

years. Any appointments to fill vacancies shall be made by the Governor 

for the unexpired term, which appointments shall not be subject to 

confirmation. The State Superintendent of Public Instruction shall be the 

administrative head of the public school system and shall be secretary of 

the board. The board shall elect a chairman and vice-chairman. A majority 

of the board shall constitute a quorum for the transaction of business. 

The per diem and expenses of the appointive members shall be provided by 

the General Assembly."

   SEC. 2. Section one of this Act shall be submitted at the next general 

election to the qualified voters in the State in the same way and manner 

and under the same rules and regulations governing general elections in 

this State.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section is similar to Section 6 of Amendment I.)

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

hereby repealed.

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification.

   Ratified this the 5th day of March, 1943.

 RATIFIED



   IV. AN ACT TO AMEND ARTICLE III, SECTION ELEVEN, OF THE CONSTITUTION, 

WITH REFERENCE TO THE COMPENSATION OF THE LIEUTENANT GOVERNOR.



   The General Assembly of North Carolina do enact: 

   SECTION 1. That Article III, Section eleven, of the Constitution of 

North Carolina be, and the same hereby is, amended by rewriting said 

section so as to read as follows: 

   "The Lieutenant Governor shall be President of the Senate, but shall 

have no vote unless the Senate be equally divided. He shall receive such 

compensation as shall be fixed by the General Assembly." 

   SEC. 2. That this amendment shall be submitted to the qualified voters 

in the State at the next general election, in the same way and manner, 

and under the same rules and regulations as provided in the laws 

governing general elections in this State. 

   SEC. 3. (This section contained a description of the ballot proposal.) 

   SEC. 4. (This section is similar to Section 6 of Amendment I.) 

   SEC. 5. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed. 

   SEC. 6. That this Act shall be in full force and effect from and after 

its ratification. 

   Ratified this the 5th day of March, 1943. 

RATIFIED



   V. AN ACT TO AMEND SECTION EIGHT OF ARTICLE I OF THE CONSTITUTION OF 

NORTH CAROLINA, RELATING TO DEEDS TO HOMESTEADS, TO PROVIDE FOR A VOTE OF 

THE PEOPLE ON THE QUESTION OF ABOLISHING PRIVATE EXAMINATION OF MARRIED 

WOMEN.



   The General Assembly of North Carolina do enact: 

   SECTION 1. Section eight of Article ten of the Constitution is hereby 

amended to read as follows: 

   "SEC. 8. Nothing contained in the foregoing sections of the Article 

shall operate to prevent the owner of a homestead from disposing of the 

same by deed; but no deed made by the owner of a homestead shall be valid 

without the signature and acknowledgement of his wife." 

   SEC. 2. That this amendment shall be submitted to the qualified voters 

in the State at the next general election, in the same way and manner, 

and under the same rules and regulations as provided in the laws 

governing general elections in this State. 

   SEC. 3. (This section contained a description of the ballot proposal.) 

   SEC. 4. (This section is similar to Section 6 of Amendment I.) 

   SEC. 5. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed. 

   SEC. 6. That this Act shall be in full force and effect from and after 

its ratification. 

   Ratified this the 8th day of March, 1943. 

RATIFIED





AMENDMENTS OF 1945

    I. AN ACT TO AMEND SECTIONS, ONE, SEVEN, ELEVEN, THIRTEEN, NINETEEN  

AND TWENTY-SIX OF ARTICLE I OF THE CONSTITUTION OF NORTH CAROLINA,  AND 

TO REWRITE SAID SECTIONS CHANGING THE WORD "MEN" TO "PERSONS" THEREIN; TO 

PROVIDE AGAINST EXCLUSION OF WOMEN FROM JURY SERVICE ON ACCOUNT OF SEX, 

AND TO AMEND SECTION ONE OF ARTICLE VI  THEREOF BY REWRITING THE SAME 

OMITTING THE WORD "MALE, " LIMITING  THE RIGHT TO VOTE IN THIS STATE.



    The General Assembly of North Carolina do enact: ;

    SECTION 1. That Sections one, seven, eleven, thirteen, nineteen and 

twenty-six of  Article I of the Constitution of North Carolina be 

rewritten so as to read as follows:

  SECTION 1. The equality and rights of persons. That we hold it to be 

self-evident that all persons are created equal; that they are endowed by 

their Creator with certain inalien able rights; that among these are 

life, liberty, the enjoyment of the fruits of their own  labor, and the 

pursuit of happiness.

   SEC. 7. Exclusive emoluments, et cetera. No person or set of persons 

are entitled to  exclusive or separate emoluments or privileges from the 

community but in consideration  of public services.

 SEC. 11. In criminal prosecutions. In all criminal prosecutions, every 

person charg ed with crime has the right to be informed of the accusation 

and to confront the accusers; and witnesses with other testimony, and to 

have counsel for defense, and not be compelled  to give 

self-incriminating evidence, or to pay costs jail fees, or necessary 

witness fees of the defense, unless found guilty.

   SEC. 13. Right of jury. No person shall be convicted of any crime but 

by the unani mous verdict of a jury of good and lawful persons in open 

court. The Legislature may, however, provide other means of trial, for 

petty misdemeanors, with the right of appeal.

   SEC. 19. Controversies at law respecting property. In all 

controversies at law respecting property, the ancient mode of trial by 

jury is one of the best securities of the rights of the people, and ought 

to remain sacred and inviolable. No person shall be excluded from jury 

service on account of sex. 

   SEC. 26. Religious liberty. All persons have a natural and inalienable 

right to worship Almighty God according to the dictates of their own 

consciences, and no human authority should, in any case whatever, control 

or interfere with the rights of conscience. 



   SEC. 2. That Section one of Article VI of the Constitution of North 

Carolina be amended to read as follows: 

   SECTION 1. Who may vote. Every person born in the United States, and 

every person who has been naturalized, twenty-one years of age, and 

possessing the qualifications set out in this article, shall be entitled 

to vote at any election by the people of the State, except as herein 

otherwise provided. 

   

 SEC. 3. That these amendments shall be submitted to the qualified voters 

in the State at the next general election in the same way and manner, and 

under the same rules and regulations as provided in the laws governing 

general elections in this State.

  SEC. 4. (This section contained a description of the ballot proposal.)

   SEC. 5. That the election upon these amendments shall be conducted in 

the same manner and under the same rules and regulations as provided by 

the laws governing general elections; and, if a majority of the votes 

cast be in favor of the amendments, it shall be the duty of the governor 

of the State to certify the amendments under the seal of the State to the 

Secretary of State, who shall enroll the same amendments so certified 

among the permanent records of his office, and the same shall be in force 

and every part thereof, from and after the date of such certification.

  SEC. 6. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed.

  SEC. 7. That this Act shall be in full force and effect from and after 

its ratification.

 Ratified this the 15th day of March, 1945.

 RATIFIED





AMENDMENTS OF 1947



    I. AN ACT TO REMOVE THE DEBT LIMITATION UPON THE STATE, COUNTIES, AND 

MUNICIPALITIES FOR NECESSARY EXPENSES BY REPEALING SECTION 4  OF ARTICLE 

V OF THE CONSTITUTION OF NORTH CAROLINA.

   The General Assembly of North Carolina do enact:

  SECTION 1. That Section 4 of Article V of the Constitution of North 

Carolina imposing a limitation upon the increase of public debt of the 

State, counties and municipal ities, be repealed in its entirety; and 

that said Section 4 of Article V be rewritten to pro vide as follows:

  SECTION 4. Power to contract debts. The General Assembly shall have the 

power to contract debts and to pledge the faith and credit of the State 

and to authorize counties and municipalities to contract debts and pledge 

their faith and credit. 

   SEC. 2. That Section 1 of this Act be submitted at the next general 

election to the qualified voters of the State in the same manner and 

under the same rules and regulations as provided in the laws governing 

general elections in this State. 

   SEC. 3. (This section contained a description of the ballot proposal.) 

   SEC. 4. That if a majority of the votes cast shall be in favor of the 

amendment in Section 1 of this Act, it shall be the duty of the Governor 

of the State to certify the amendment so adopted under the seal of the 

State to the Secretary of State, who shall enroll the said amendment so 

certified among the permanent records of his office, and the amendment so 

certified shall be in force, and every part thereof, from and after the 

date of such certification. 

   SEC. 5. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed. 

   SEC. 6. That this Act shall be in full force and effect from and after 

its ratification. 

   In the General Assembly read three times and ratified, this the 3rd 

day of April, 1947. 

RATIFIED





 AMENDMENTS OF 1949



 I. AN ACT TO AMEND THE CONSTITUTION SO AS TO PERMIT THE ELECTION OF  

MORE THAN ONE REGULAR SUPERIOR COURT JUDGE IN ANY DISTRICT.



   The General Assembly of North Carolina do enact:

    SECTION 1. That the Constitution of the State of North Carolina, be 

and is hereby amended by striking out Section 10, Article IV, and 

inserting in lieu thereof the following:

    SEC. 10. Judicial Districts for Superior Courts. The General Assembly 

shall divide the State into a number of j udicial districts which may be 

increased or reduced and shall  provide for the election of one or more 

Superior Court judges for each district. There shall be a Superior Court 

in each county at least twice in each year to continue for such time in 

each county as may be prescribed by law.

   SEC. 2. That this amendment shall be submitted to the qualified voters 

of the whole State at the general election to be held November 7 1950.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. That the election upon the amendment shall be conducted in the 

same manner and under the same rules and regulations as provided by the 

laws governing general elections; and if the majority of the votes cast 

shall be in favor of the amendment, it shall be the duty of the Governor 

of the State to certify the amendment under the Seal of the State to the 

Secretary of the State who shall enroll the said amendment so certified 

among the permanent records of his office, and the same shall be in force 

in every part thereof from and after date of such certification. 

   SEC. 5. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed. 

   SEC. 6. That this Act shall be in full force and effect from and after 

its ratification. 

   In the General Assembly read three times and ratified, this the 18th 

day of March,  1949.

RATIFIED



   II. AN ACT TO AMEND THE CONSTITUTION AS TO PERMIT ANY PERSON, WHEN 

REPRESENTED BY COUNSEL, TO WAIVE INDICTMENT IN ALL EXCEPT CAPITAL CASES. 



   The General Assembly of North Carolina do enact: 

   SECTION 1. That the Constitution of the State of North Carolina be, 

and is hereby amended by adding to Section 12, Article I the following: 

But any person, when represent f ed by counsel, may, under such 

regulations as the Legislature shall prescribe, waive in dictment in all 

except capital cases.

  SEC. 2. That this amendment shall be submitted to the qualified voters 

of the whole State at the general election to be held November 7, 1950. 

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section is similar to Section 4 of Amendment I.)

    SEC. 5. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed.

  SEC. 6. That this Act shall be in full force and effect from and after 

its ratification.

  In the General Assembly read three times and ratified, this the 28th 

day of March, 1949.

RATIFIED



   III. AN ACT TO AMEND THE CONSTITUTION SO AS TO TRANSFER TO THE CHIEF  

JUSTICE OF THE SUPREME COURT THE AUTHORITY NOW EXERCISED BY THE GOVERNOR 

IN THE ASSIGNMENT OF JUDGES AND TO EMPOWER THE LEGISLATURE TO DEFINE THE 

JURISDICTION OF THE SPECIAL JUDGES.



   The General Assembly of North Carolina do enact:

   SECTION 1. The Constitution of the State of North Carolina, be and is 

hereby amend ed by striking out Section 11, Article IV, and inserting in 

lieu thereof the following:

  SEC. 11. Judicial Districts; Rotation; Special Superior Court Judges; 

Assignment of Superior Court Judges by Chief Justice. Each Judge of the 

Superior Court shall reside in  the district for which he is elected. The 

General Assembly may divide the State into a  number of judicial 

divisions. The judges shall preside in the courts of the different dis 

tricts within a division successively; but no judge shall hold all the 

courts in the same district oftener than once in four years. The General 

Assembly may provide by general laws for the selection or appointment of 

Special or Emergency Superior Court Judges not assigned to any judicial 

district, who may be designated from time to time by the Chief Justice to 

hold court in any district or districts within the State; and the General 

Assem bly shall define their jurisdiction and shall provide for their 

reasonable compensation. The

Chief Justice, when in his opinion the public interest so requires, may 

assign any Superior Court Judge to hold one or more terms of Superior 

Court in any district.

   SEC. 2. This amendment shall be submitted to the qualified voters of 

the whole State at the general election to be held November 7, 1950.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section is similar to Section 4 of Amendment I.)

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this Act are  hereby repealed.

  SEC. 6. This Act shall be in full force and effect from and after its 

ratification.

  In the General Assembly read three times and ratified, this the 4th day 

of April, 1949.

 

  AN ACT TO SUPPLY AN INADVERTENT OMISSION IN CHAPTER 775 OF THE SESSION 

LAWS OF 1949 (HOUSE BILL NO.154), THE SAME BEING "AN ACT TO A MEND THE 

CONSTITUTION SO AS TO TRANSFER TO THE CHIEF JUSTICE OF THE OF SUPREME 

COURT THE AUTHORITY NOW EXERCISED BY THE GOVERNOR IN THE ASSIGNMENT OF 

JUDGES AND TO EMPOWER THE LEGISLATURE TO DEFINE THE JURISDICTION OF THE 

SPECIAL JUDGES," RATIFIED APRIL 4, 1949.



  The General Assembly of North Carolina do enact:

  SECTION 1. Section 3 of Chapter 775 of the Session Laws of 1949 (House 

Bill 154), as ratified April 4, 1949, is hereby amended by inserting in 

said Section, immediately after  the words "assignment of judges" where 

those words first appear in said Section, the words: "and the calling of 

special terms of court,"

   SEC. 2. This Act shall be in full force and effect from and after its 

ratification.

 In the General Assembly read three times and ratified, this the 23rd day 

of April,

 1949.

 RATIFIED



    IV. AN ACT TO AMEND ARTICLE II OF THE CONSTITUTION SO AS TO SAFEGUARD 

THE FUNDS OF THE TEACHERS' AND STATE EMPLOYEES RETIREMENT SYSTEM. 



  The General Assembly of North Carolina do enact:

  SECTION 1. That Article II of the Constitution of the State of North 

Carolina be, and it is hereby, amended by adding at the end of said 

Article II a new Section to be designat ed as Section 31 and shall read 

as follows:

    "SEC. 31. The General Assembly shall not use, or authorize to be 

used, nor shall any agency of the State, public officer or public 

employee use or authorize to be used the funds or any part of the funds, 

of the Teachers' and State Employees' Retirement System except for 

retirement system purposes. The funds of the Teachers' and State 

Employees' Retirement System shall not be applied, diverted, loaned to or 

used by the State, any State agency, State officer, public officer or 

employee except for purposes of the Retirement Sys tem: Provided, that 

nothing in this Section shall prohibit the use of said funds for the pay 

ment of benefits, administrative expenses and refunds as authorized by 

the Teachers' and State Employees' Retirement Law, nor shall anything in 

this provision prohibit the prop er investment of said funds as may be 

authorized by law."

   SEC. 2. That this amendment shall be submitted to the qualified voters 

of the entire State at the next general election after ratification of 

this Act.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section is similar to Section 4 of Amendment I.)

   SEC. 5. That all laws and clauses of laws in conflict with the 

provisions of this Act are hereby repealed.

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification.

   In the General Assembly read three times and ratified, this the 6th 

day of April, 1949. 

   RATIFIED



   V. AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA SO 

AS TO PROVIDE FOR PAYING MEMBERS OF THE GENERAL ASSEMBLY $15.00 PER DAY 

AND PRESIDING OFFICERS $20.00 PER DAY FOR NOT MORE THAN 90 DAYS FOR A 

REGULAR SESSION AND 25 DAYS FOR AN EXTRA SESSION.



   The  General Assembly of North Carolina do enact: 

   SECTION 1. That the Constitution of the State of North Carolina, be 

and is hereby amended by striking out Section 28, Article 2, and 

inserting in lieu thereof the following: 

   "SEC. 28. Pay of members and Presiding Officers of the General 

Assembly. The members of the General Assembly for the term for which they 

have been elected shall receive as a compensation for their services the 

sum of fifteen ($15.00) per day for each day of their session, for a 

period not exceeding ninety days; and should they remain longer in 

session they shall serve without compensation. The compensation of the 

presiding officers of the two houses shall be twenty dollars ($20.00) per 

day for a period not exceeding ninety days. Should an extra session of 

the General Assembly be called, the members and presiding officers shall 

receive a like rate of compensation for a period not exceeding 

twenty-five days." 

    SEC. 2. Section 1 of this Act shall be submitted at the next general 

election to the qualified voters in the State in the State in the same 

way and manner and under the same  rules and regulations governing 

general elections in this State. 

    SEC. 3. (This section contained a description of the ballot 

proposal.) 

   SEC. 4. (This section similar to Section 4 of Amendment I.) 

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after 

ratification. 

   In the General Assembly read three times and ratified, this the 23rd 

day of April, 1949. 

RATIFIED





 AMENDMENTS OF 1951



    I. AN ACT TO AMEND SECTION 6 OF ARTICLE 5 OF THE CONSTITUTION TO  

LIMIT THE AMOUNT OF TOTAL STATE AND COUNTY TAX WHICH MAY BE LEVIED ON 

PROPERTY TO TWENTY CENTS ON THE ONE HUNDRED DOLLARS VALUATION.



   The General Assembly of North Carolina do enact:

   SECTION 1. Section 6 of Article 5 of the Constitution of North 

Carolina is rewritten  to read as follows:

   "Section 6. Taxes levied for counties. The total of the State and 

county tax on prop erty shall not exceed twenty cents (20c) on the one 

hundred dollars ($100.00) value of  property, except when the county 

property tax is levied for a special purpose and with the special 

approval of the General Assembly, which may be done by special or general 

act:  Provided, this limitation shall not apply to taxes levied for the 

maintenance of the public schools of the State for the term required by 

Article 9, Section 3, of the Constitution; Provided, further, the State 

tax shall not exceed five cents (5c) on the one hundred dollars ($100.00) 

value of property."

   SEC. 2. (This section contained a description of the ballot proposal.)

   SEC. 3. This amendment shall be submitted to the qualified voters in 

the State at the next general election, which shall be conducted in the 

same manner and under the same rules and regulations as provided by the 

laws governing general elections; and if a ma jority of the votes be cast 

in favor of the amendment, it shall be the duty of the Governor of the 

State to certify the amendment under the Seal of the State to the 

Secretary of State, who shall enroll the same amendment so certified 

among the permanent records of his of fice, and the same shall be in 

force, and every part thereof, from and after the date of such certification.

    SEC. 4. All laws and clauses of laws in conflict with the provisions 

of this Act are hereby repealed.

   SEC. 5. This Act shall be in full force and effect from and after its 

ratification.

   In the General Assembly read three times and ratified, this the 1st 

day of March, 1951.

RATIFIED



   II. AN ACT TO AMEND ARTICLE II, SECTION 13, OF THE CONSTITUTION OF THE 

STATE OF NORTH CAROLINA SO AS TO PROVIDE A MORE EXPEDIENT METHOD OF 

FILLING VACANCIES OCCURRING IN THE GENERAL ASSEMBLY.



   The General Assembly of North Carolina do enact:

   SECTION 1. Section 13 of Article 11 of the Constitution of the State 

of North Carolina is hereby rewritten so that the same shall hereafter 

read as follows:

   "If a vacancy shall occur in the General Assembly by death, 

resignation or otherwise, the said vacancy shall be filled immediately by 

the Governor appointing the person recommended by the executive committee 

of the county in which the deceased or resigned member was resident, 

being the executive committee of the political party with which the 

deceased or resigned member was affiliated at the time of his election "

    SEC. 2 This amendment shall l)e submitted to the qualified voters of 

the entire State at the next general election after the ratification of 

this Act. 

   SEC. 3. (This section contained a description of the ballot proposal.) 

   SEC. 4. (The section is similar to Section 3 of Amendment I.) 

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this Act are hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification.

    In the General Assembly read three times and ratified, this the 14th 

day of April, 1951.

 RATIFIED



   III. AN ACT TO AMEND THE CONSTITUTION SO AS TO PROVIDE A UNIFORM 

METHOD FOR FILLING VACANCIES IN CERTAIN STATE OFFICES.



    The General Assembly of North Carolina do enact: ;

 SECTION 1. The Constitution of the State of North Carolina is hereby 

amended by rewriting the first sentence of Section 25 of Article IV to 

read as follows:

 "All vacancies occurring in the offices provided for by this Article of 

the Constitution shall be filled by the appointment of the Governor, 

unless otherwise provided for, and the appointees shall hold their places 

until the next regular election for members of the General Assembly that 

is held more than 30 days after such vacancy occurs, when elections shall 

be held to fill such offices."

   SEC. 2. This amendment shall be submitted to the qualified voters of 

the whole State at the general election to be held November 4, 1952. 

  SEC. 3. (This section contained a description of the ballot proposal.) 

  SEC. 4. (This section is similar to Section 3 of Amendment I.) 

  SEC. 5. All laws and clauses of laws in conflict with the provisions of 

this Act are hereby repealed. 

  SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

  In the General Assembly read three times and ratified, this the 14th 

day of April, 1951. 

  RATIFIED





AMENDMENTS OF 1953



   I. AN ACT TO AMEND ARTICLE IV, SECTION 6, OF THE CONSTITUTION OF NORTH 

CAROLINA RELATING TO THE RETIREMENT OF MEMBERS OF THE SUPREME COURT AND 

THE RECALL OF RETIRED MEMBERS TO SERVE ON SAID COURT IN LIEU OF ANY 

ACTIVE MEMBER WHO FOR ANY CAUSE IS TEMPORARILY INCAPACITATED. 





   The General Assembly of North Carolina do enact: 

   SECTION 1. Article IV, Section 6, of the Constitution of North 

Carolina be, and the same is hereby, amended by adding at the end of said 

Section 6 the following: 

   "The General Assembly is vested with authority to provide for the 

retirement of members of the Supreme Court and for the recall of such 

retired members to serve on said Court in lieu of any active member 

thereof who is, for any cause, temporarily incapacitated." 

   SEC. 2. Section 1 of this Act shall be submitted to the qualified 

voters of the State at the next general election to be held in the year 

of 1954, and such submission shall be in the way and manner and under the 

same rules and regulations governing genera elections in this State. 

   SEC. 3. (This section contained a description of the ballot proposal.) 

   SEC. 4. The election upon this amendment shall be conducted in the 

same manner and under the same rules and regulations as provided by the 

laws governing general elections, and if a majority of the votes cast be 

in favor of this amendment, it shall be the duty of the Governor of the 

State to certify the amendment under the Seal of the State to the 

Secretary of State, who shall enroll said amendment so certified among 

the permanent records of his office, and the amendment so certified shall 

be in force, and every part thereof, from and after the date of such 

certification. 

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 2nd 

day of April, 1953. 

RATIFIED



   II. AN ACT TO AMEND ARTICLE III, SECTION 6, OF THE CONSTITUTION, SO AS 

TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A BOARD OF PAROLES WITH 

COMPLETE AUTHORITY TO GRANT, REVOKE AND TERMINATE PAROLES. 



   The General Assembly of North Carolina do enact: 

   SECTION 1. Article III, Section 6, of the Constitution of the State of 

North Carolina, is hereby amended by adding the following sentences at 

the end thereof: 

   "The terms reprieves, commutations and pardons shall not include 

paroles. The General Assembly is authorized and empowered to create a 

Board of Paroles, provided for the appointment of the members thereof, 

and enact suitable laws defining the duties and authority of such board 

to grant, revoke and terminate paroles. The Governor's power of pa roles 

shall continue until July 1, 1955, at which time said power shall cease 

and shall be vested in such Board of Paroles as may be created by the 

General Assembly."

   SEC. 2. This amendment shall be submitted to the qualified voters of 

the entire State at the next general election after ratification of this Act.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section is similar to Section 4 of Amendment I.) |

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this Act are hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 2nd 

day of April, 1953. 

RATIFIED



   IV. AN ACT TO AMEND ARTICLE VI, SECTION 2, OF THE CONSTITUTION OF THE 

STATE OF NORTH CAROLINA SO AS TO REDUCE THE LENGTH OF RESIDENCE FOR 

VOTING IN A VOTING PRECINCT FROM FOUR MONTHS TO THIRTY DAYS PRIOR TO AN 

ELECTION.



   The General Assembly of North Carolina do enact:

    SECTION 1. The first sentence of Section 2, of Article VI of the 

Constitution of the State of North Carolina is hereby rewritten so that 

the first sentence shall thereafter read as follows:

   "Any person who shall have resided in the State of North Carolina for 

one year, and in the precinct, ward or other election district in which 

such person offers to vote for thirty days next preceding an election, 

and possessing the other qualifications set out in this Article, shall be 

entitled to vote at any election held in this State; provided, that 

removal from one precinct, ward or other election district to another in 

this State shall not operate to deprive any person of the right to vote 

in the precinct, ward or other election district from which such person 

has removed until thirty days after such removal."

   SEC. 2. This amendment shall be submitted to the qualified voters of 

the entire State at the 1954 General Election.

   SEC. 3. (This section contained a description of the ballot proposal.)

   SEC. 4. (This section is similar to Section 4 of Amendment I.)

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this Act are hereby repealed.

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification.

   In the General Assembly read three times and ratified, this the 24th 

day of April, 1953.

   RATIFIED



  V. AN ACT TO AMEND ARTICLE III, SECTION 13, AND ARTICLE IV, SECTION 25, 

OF THE CONSTITUTION OF THE STATE OF NORTH CAROLINA SO AS TO A BOLISH 

SHORT TERMS OF OFFICES OCCURRING BETWEEN THE GENERAL ELECTION AND JANUARY 

FIRST.



   The General Assembly of North Carolina do enact: 

   SECTION 1. Section 13 of Article III of the Constitution of North 

Carolina be amend ed by adding the following to the end of said Section: 

"Provided, that when the unexpired term of any of the offices named in 

this Section in which such vacancy has occurred expires on the first day 

of January succeeding the

 next General Election, the Governor shall appoint to fill said vacancy 

for the unexpired term of said office."

   SEC. 2. Section 25 or Article IV of the Constitution of North Carolina 

be amended by adding the following to the end of the first sentence thereof:

   "Provided, that when the unexpired term of any of the offices named in 

this Article of the Constitution in which such vacancy has occurred, and 

in which it is herein provided that the Governor shall fill the vacancy, 

expires on the first day of January succeeding the next General Election, 

the Governor shall appoint to fill said vacancy for the unexpired term of 

said office." 

   SEC. 3. This amendment shall be submitted to the qualified voters of 

the entire State at the 1954 General Election. 

   SEC. 4. (This section contained a description of the ballot proposal.)

   SEC. 5. (This section is similar to Section 4 of Amendment I.) 

   SEC. 6. All laws and clauses of laws in conflict with the provisions 

of this Act are hereby repealed. 

   SEC. 7. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 27th 

day of April, 1953.

RATIFIED







AMENDMENTS OF 1955



   I. AN ACT TO AMEND SECTION 28 OF ARTICLE II OF THE CONSTITUTION OF 

NORTH CAROLINA TO PROVIDE FOR COMPENSATION AND SUBSISTENCE OF THE MEMBERS 

OF THE GENERAL ASSEMBLY.



   The General Assembly of North Carolina do enact: 

   SECTION 1. The Constitution of the State of North Carolina is hereby 

amended by striking out Section 28 of Article II and by rewriting and 

inserting in lieu thereof the following: 

   "SEC. 28. Pay of Members and Presiding Officers of the General 

Assembly.-The members of the General Assembly for the term for which they 

have been elected shall receive as a compensation for their services the 

sum of fifteen dollars ($15.00) per day for each day of their Session for 

a period not exceeding 120 days. The compensation ofthe Presiding 

Officers of the two houses shall be twenty dollars ($20.00) per day for a 

period not exceeding 120 days. Should an Extra Session of the General 

Assembly be called, the members and Presiding Officers shall receive a 

like rate of compensation for a period not exceeding 25 days. The members 

and Presiding Officers shall also receive, while engaged in legislative 

duties, such subsistence and travel allowance as shall be established by 

law; provided, such allowances shall not exceed those established for 

members of State boards and commissions generally." 

   SEC. 2. Section 1 of this Act shall be submitted at the next general 

election to the qualified voters of the State in the same way and manner 

and under the same rules and regulations governing general elections in 

this State. 

   SEC. 3. (This section contained a description of the ballot proposal.) 

   SEC. 4. The election upon this amendment shall be conducted in the 

same manner and under the same rules and regulations as provided by the 

laws governing general elections, and if a majority of the votes cast be 

in the favor of this amendment it shall be the duty of the Governor of 

the State to certify the amendment under the Seal of the State to the 

Secretary of State, who shall enroll said amendment so certified among 

the permanent records of his office, and the amendment so certified shall 

be in full force and every part thereof, from and after the date of such 

certification. 

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this act are hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 20th 

day of May, 1955. 

RATIFIED



   II. AN ACT TO AMEND ARTICLE X, SECTION 6, OF THE CONSTITUTION, SO AS 

TO AUTHORIZE A MARRIED WOMAN TO EXECUTE A POWER OF ATTORNEY CONFERRED BY 

HER HUSBAND. 



   The General Assembly of North Carolina do enact: 

   SECTION 1. Article X, Section 6 of the Constitution of the State of 

North Carolina, i8 hereby amended by adding the following sentences at 

the end of said Section: 

   "Every married woman may exercise powers of attorney conferred upon 

her by her husband, including the power to execute and acknowledge deeds 

to property owned by her or by herself and her husband or by her 

husband." 

   SEC. 2. This amendment shall be submitted to the qualified voters of 

the entire State at the next general election after ratification of this 

Act. 

   SEC. 3. (This section contained a description of the ballot proposal.) 

   SEC. 4. (This section is similar to Section 4 of Amendment I.) 

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this Act are hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 25th 

day of May, 1955. 

RATIFIED



   III. AN ACT TO AMEND THE CONSTITUTION TO PROVIDE FOR MEETINGS OF THE 

GENERAL ASSEMBLY ON THE FIRST WEDNESDAY AFTER THE FIRST MONDAY IN 

FEBRUARY NEXT AFTER THEIR ELECTION.



   The General Assembly of North Carolina do enact: 

   SECTION 1. Section 2 of Article II of the Constitution of North 

Carolina is rewritten to read as follows: 

   "The Senate and House of Representatives shall meet biennially on the 

first Wednesday after the first Monday in February next after their 

election, unless a different day shall be provided by law; and when 

assembled, shall be denominated the General Assembly. Neither house shall 

proceed upon public business unless a majority of all the members are 

actually present." 

   SEC. 2. (This section contained a description of the ballot proposal.) 

   SEC. 3. (This section is similar to Section 4 of Amendment I.) 

   SEC. 4. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 5. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified this the 25th 

day of May, 1955.

RATIFIED





AMENDMENT OF 1956 



   AN ACT TO AMEND ARTICLE IX OF THE CONSTITUTION OF NORTH CAROLINA SO AS 

TO AUTHORIZE EDUCATION EXPENSE GRANTS AND TO AUTHORIZE LOCAL OPTION TO 

SUSPEND OPERATION OF PUBLIC SCHOOLS.



  The General Assembly of North Carolina do enact:

  SECTION 1. Article IX of the Constitution of North Carolina is hereby 

amended by adding a Section 12 which shall read as follows:

  "12. Education expense grants and local option. Notwithstanding any 

other pro vision of this Constitution, the General Assembly may provide 

for payment of education expense grants from any State or local public 

funds for the private education of any child for whom no public school is 

available or for private education of a child who is assigned against the 

wishes of his parents, or the person having control of such child, to a 

public school attended by a child of another race. A grant shall be 

available only for education in a nonsectarian school, and in the case of 

a child assigned to a public school attended by a child of another race, 

a grant shall, in addition, be available only when it is not reasonable 

and practicable to reassign such child to a public school not attended by 

a child of another race.

   "Notwithstanding any other provision of this Constitution, the General 

Assembly may provide for a uniform system of local option whereby any 

local option unit, as defined by the General Assembly, may choose by a 

majority vote of the qualified voters in the unit who vote on the 

question to suspend or to authorize the suspension of the operation of 

one or more or all of the public schools in that unit. 

   "No action taken pursuant to the authority of this Section shall in 

any manner affect the obligation of the State or any political 

subdivision or agency thereof with respect to any indebtedness heretofore 

or hereafter created."

   SEC. 2. This amendment shall be submitted to the qualified voters of 

the State at the next general election, which shall be conducted under 

the laws now governing general elec tions in this State, or under such 

laws as may be provided by the General Assembly.

  SEC. 3. (This section contained a description of the ballot proposal.)

  SEC. 4. If a majority of the votes cast be in favor of this amendment, 

it shall be the duty of the Governor of the State to certify the 

amendment under the Seal of the State to the Secretary of State, who 

shall enroll said amendment so certified shall be in full force and 

effect from and after the date of certification. 

   SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this Act are hereby repealed. 

   SEC. 6. This Act shall be effective upon its ratification.

   In the General Assembly read three times and ratified, this the 27th 

day of July, 1956. 

RATIFIED





AMENDMENTS OF 1961



   I. AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA BY REWRITING 

ARTICLE IV THEREOF AND MAKING APPROPRIATE AMENDMENTS OF OTHER ARTICLES SO 

AS TO IMPROVE THE ADMINISTRATION OF JUSTICE IN NORTH CAROLINA. 



   The General Assembly of North Carolina do enact:

   SECTION 1. The Constitution of North Carolina is amended by rewriting 

Article IV thereof to read as follows:

   "ARTICLE IV.

   "Judicial Department.

   "Section l. Division of judicial power. The judicial power of the 

State shall, except as provided in Section 3 of this Article be vested in 

a court for the Trial of Impeachments and in a General Court of Justice. 

The General Assembly shall have no power to deprive the judicial 

department of any power or jurisdiction which rightfully pertains to it 

as a co-ordinate department of the government, nor shall it establish or 

authorize any courts other than as permitted by this Article. 

   "SEC. 2. General Court of Justice. The General Court of Justice shall 

constitute a unified judicial system for purposes of jurisdiction, 

operation, and administration; and shall consist of an appellate 

division, a Superior Court division, and a District Court division. 

   "SEC. 3. Judicial powers of administrative agencies. The General 

Assembly may vest in administrative agencies established pursuant to law 

such judicial powers as may be reasonably necessary as an incident to the 

accomplishment of the purposes for which the agencies were created. 

Appeals from administrative agencies shall be to the General Court of 

Justice. 

   "SEC. 4. Court for the Trial of Impeachments. The House of 

Representatives solely shall have the power of impeaching. The Court for 

the Trial of Impeachments shall be the Senate. When the Governor or 

Lieutenant-Governor is impeached, the Chief Justice shall preside over 

the Court. A majority of the members shall be necessary to a quorum, and 

no person shall be convicted without the concurrence of two-thirds of the 

Senators present. Judgment upon conviction shall not extend beyond 

removal from and disqualification to hold office in this State, but the 

party shall be liable to indictment and punish ment according to law.

   "SEC. 5. Appellate Division. The appellate division of the General 

Court of Justice shall consist of the Supreme Court.

   "SEC. 6. Supreme Court.

   " (1) Membership. The Supreme Court shall consist of a Chief Justice 

and six Associate Justices, but the General Assembly may increase the 

number of Associate Justices to not more than eight. In the event the 

Chief Justice is unable, on account of absence or temporary incapacity, 

to perform any of the duties placed upon him, the senior Associate 

Justice available is authorized to discharge such duties. The General 

Assembly may pro vide for the retirement of members of the Supreme Court 

and for the recall of such re tired members to serve on that Court in 

lieu of any active member thereof who is, for any cause, temporarily 

incapacitated.

   "(2) Sessions of the Supreme Court. The sessions of the Supreme Court 

shall be

 held in the City of Raleigh unless otherwise provided by the General 

Assembly.

    "SEC. 7. Superior Courts.

    " ( 1 ) Superior Court districts. The General Assembly shall, from 

time to time, divide the State into a convenient number of Superior Court 

judicial districts and shall provide for the election of one or more 

Superior Court Judges for each district. Each regular Su perior Court 

Judge shall reside in the district for which he is elected. The General 

As sembly may provide by general law for the selection or appointment of 

special or emergency Superior Court Judges not selected for a particular 

judicial district.

   " (2) Open at all times; sessions for trial of cases. The Superior 

Courts shall be open at all times for the transaction of all business 

except the trial of issues of fact requiring a jury. Regular trial 

sessions of the Superior Court shall be held at times fixed pursuant to a 

calendar of courts promulgated by the Supreme Court. At least two 

sessions for the trial of jury cases shall be held annually in each county.

   " (3) Clerks. A Clerk of the Superior Court for each county shall be 

elected for a term of four years by the qualified voters thereof, at the 

time and in the manner prescrib ed by law for the election of members of 

the General Assembly. If the office of Clerk of the Superior Court 

becomes vacant otherwise than by the expiration of the term, or if the 

people fail to elect, the senior regular resident Judge of the Superior 

Court serving the county shall appoint to fill the vacancy until an 

election can be regularly held.

    "SEC. 8. District Courts. The General Assembly shall, from time to 

time, divide the State into a convenient number of local court districts 

and shall prescribe where the District Courts shall sit; but a District 

Court must sit in at least one place in each county.  District Judges 

shall be elected for each district for a term of four years, in a manner 

pro vided by law. When more than one District Judge is authorized and 

elected for a district, the Chief Justice of the Supreme Court shall 

designate one of the judges as Chief District Judge. Every District Judge 

shall reside in the district for which he is elected. For each county, 

the senior regular resident Judge of the Superior Court serving the 

county shall ap point for a term of two years, from nominations submitted 

by the Clerk of the Superior

 Court of the county, one or more Magistrates who shall be officers of 

the District Court. The number of District Judges and Magistrates shall, 

from time to time, be determined by the General Assembly. Vacancies in 

the office of District Judge shall be filled, for the unexpired term, in 

a manner provided by law. Vacancies in the office of Magistrate shall be 

filled, for the unexpired term, in the manner provided for original 

appointment to the office.

   "SEC. 9. Assignment of Judges. The Chief Justice of the Supreme Court, 

acting in accordance with rules of the Supreme Court, shall make 

assignments of Judges of the Superior Court and may transfer District 

Judges from one district to another for temporary or specialized duty. 

The principle of rotating Superior Court Judges among the various 

districts of a division is a salutary one and shall be observed. For this 

purpose the General Assembly may divide the State into a number of 

judicial divisions. Subject to the general supervision of the Chief 

Justice of the Supreme Court, assignment of District Judges within each 

local court district shall be made by the Chief District Judge. 

   "SEC. 10. Jurisdiction of the General Court of Justice. 

   " (1) Supreme Court. The Supreme Court shall have jurisdiction to 

review upon appeal any decision of the courts below, upon any matter of 

law or legal inference. The jurisdiction of the Supreme Court over 

'issues of fact' and 'questions of fact' shall be the same exercised by 

it prior to the adoption of this Article, and the Court shall have the 

power to issue any remedial writs necessary to give it a general 

supervision and control over the proceedings of the other courts. The 

Supreme Court shall have original jurisdiction to hear claims against the 

State, but its decisions shall be merely recommendatory; no process in 

the nature of execution shall issue thereon; the decisions shall be 

reported to the next Session of the General Assembly for its action. 

   "(2) Superior Court. Except as otherwise provided by the General 

Assembly, the Superior Court shall have original general jurisdiction 

throughout the State. The Clerks of the Superior Court shall have such 

jurisdiction and powers as the General Assembly shall provide by general 

law uniformly applicable in every county of the State. 

   " (3) District Courts; Magistrates. The General Assembly shall, by 

general law uniformly applicable in every local court district of the 

State, prescribe the jurisdiction and powers of the District Courts and 

Magistrates. 

   " (4) Waiver. The General Assembly may by general law provide that the 

jurisdictional limits may be waived in civil cases. 

   " (5) Appeals. The General Assembly shall, by general law, provide a 

proper system of appeals: Provided, that appeals from Magistrates shall 

be heard de novo, with the right of trial by jury as defined in this 

constitution and the laws of this State. 

   "SEC. 11. Forms of action; rules of procedure. 

   " (1) Forms of action. There shall be in this State but one form of 

action for the enforcement or protection of private rights or the redress 

of private wrongs, which shall be denominated a civil action and in which 

there shall be a right to have issues of fact tried before a jury. Every 

action prosecuted by the people of the State as a party against a per son 

charged with a public offense, for the punishment of the same, shall be 

termed a crim inal action.

     (2) Rules of procedure. The Supreme Court shall have exclusive 

authority to make rules of procedure and practice for the appellate 

division. The General Assembly shall have authority to make rules of 

procedure and practice for the Superior Court and Dis trict Court 

divisions, and the General Assembly may delegate this authority of the Su 

preme Court. NO rule of procedure or practice shall abridge substantive 

rights or abro gate or limit the right of trial by jury. If the General 

Assembly should delegate to the Supreme court the rule-making power, the 

General Assembly may, nevertheless, alter, amend, or repeal any rule of 

procedure or practice adopted by the Supreme Court for the Superior Court 

or District Court divisions.

   "SEC. 12. Waiver of jury trial. In all issues of fact joined in any 

court, the parties in any civil case may waive the right to have the same 

determined by a jury; in which case the finding of the judge upon the 

facts shall have the force and effect of a verdict by a jury. 

   "SEC. 13. Administration. The General Assembly shall provide for an 

administrative office of the courts to carry out the provisions of this 

Article. 

   "SEC. 14. Term of office and election of Justices of Supreme Court and 

Judges of Superior Court. Justices of the Supreme Court and regular 

Judges of the Superior Court shall be elected by the qualified voters and 

shall hold office for terms of eight years and until their successors are 

elected and qualified. Justices of the Supreme Court shall be elected by 

the qualified voters of the State. Regular Judges of the Superior Court 

may be elected by the qualified voters of the State or by the voters of 

their respective districts, as the General Assembly may provide.

   "SEC. 15. Removal of judges and clerks.

   "(1) Justices of Supreme Court and Judges of Superior Court. Any 

Justice of the 

Supreme Court or Judge of the Superior Court may be removed from office 

for mental or physical incapacity by joint resolution of two-thirds of 

both houses of the General Assembly. Any Justice or Judge against whom 

the General Assembly may be about to proceed shall receive notice 

thereof, accompanied by a copy of the causes alleged for his removal, at 

least twenty days before the day on which either house of the General 

Assembly shall act thereon. Removal from office for any other cause shall 

be by impeachment.

   " (2) District Judges and Magistrates. The General Assembly shall 

provide by general law for the removal of District Judges and Magistrates 

for misconduct or mental or physical incapacity. 

    " (3) Clerks. Any Clerk of the Superior Court may be removed from 

office for misconduct or mental or physical incapacity by the senior 

regular resident Superior Court Judge serving the county. Any Clerk 

against whom proceedings are instituted shall re ceive written notice of 

the charges against him at least ten days before the hearing upon the 

charges. Clerks of District Courts shall be removed for such causes and 

in such man ner as the General Assembly may provide by general law. Any 

clerk so removed from office shall be entitled to an appeal as provided 

by law.

   "SEC. 16. Solicitors and solicitorial districts.

   " (1) Solicitors. The General Assembly shall, from time to time, 

divide the State in to a convenient number of solicitorial districts, for 

each of which a Solicitor shall be chosen for a term of four years by the 

qualified voters thereof, as is prescribed for members of the General 

Assembly. When the Attorney General determines that there is serious 

imbalance in the work loads of the Solicitors, or that there is other 

good cause, he shall recommend redistricting to the General Assembly. The 

Solicitor shall advise the officers of justice in his district, be 

responsible for the prosecution on behalf of the State of all criminal 

actions in the Superior Courts of his district, perform such duties 

related to appeals therefrom as the Attorney General may require, and 

perform such other duties as the General Assembly may prescribe.

   "(2) Prosecution in District Court division. Criminal actions in the 

District Court division shall be prosecuted in such manner as the General 

Assembly may prescribe by general law uniformly applicable in every local 

court district of the State. 

   "SEC. 17. Vacancies. Unless otherwise provided in this Article, all 

vacancies occurring in the offices provided for by this Article shall be 

filled by appointment of the Governor, and the appointees shall hold 

their places until the next election for members of the General Assembly 

that is held more than thirty days after such vacancy occurs, when 

elections shall be held to fill such offices: Provided, that when the 

unexpired term of any of the offices named in this Article of the 

Constitution in which such vacancy has occurred, and in which it is 

herein provided that the Governor shall fill the vacancy, expires on the 

first day of January succeeding the next election for members of the 

General Assembly, the Governor shall appoint to fill that vacancy for the 

unexpired term of the office. If any person elected or appointed to any 

of said offices shall neglect and fail to qualify, such office shall be 

appointed to, held, and filled as provided in case of vacancies occurring 

therein. All incumbents of said offices shall hold until their successors 

are qualified. 

   "SEC. 18. Revenues and expenses of the judicial department. The 

General Assembly shall provide for the establishment of a schedule of 

court fees and costs which shall be uniform throughout the State within 

each division of the General Court of Justice. The operating expenses of 

the judicial department, other than compensation to process servers and 

other locally paid non-judicial officers, shall be paid from State funds. 

   "SEC. 19. Fee, salaries, and emoluments. The General Assembly shall 

prescribe and regulate the fees, salaries, and emoluments of all officers 

provided for in this Article; but the salaries of judges shall not be 

diminished during their continuance in office. In no case shall the 

compensation of any judge or magistrate be dependent upon his decision or 

upon the collection of costs. 

   "SEC. 20. Effect of uniform general law requirement. Where the General 

Assembly is required by the provisions of this Article to enact only 

general laws uniformly applicable throughout the State or in every county 

or local court district thereof, no special, public-local, or private law 

shall be enacted relating to the subject-matter of those provisions, and 

every amendment or repeal of any law relating to such subject-matter 

shall also be general and uniform in its application and effect 

throughout the State. 

   "SEC. 21. Schedule. Immediately upon the certification by the Governor 

to the Secretary of State of the amendments constituting this Article, 

the Supreme Court and the Superior Courts shall be incorporated within 

the General Court of Justice, as provided in this Article. All Justices 

of the Supreme Court and Judges of the Superior Court shall continue to 

serve as such within the General Court of Justice for the remainder of 

their respective terms. 

   "The statutes and rules governing procedure and practice in the 

Superior Courts and inferior courts, in force at the time the amendments 

constituting this Article are ratified by the people, shall continue in 

force until superseded or repealed by rules of procedure and practice 

adopted pursuant to Section 11(2) of this Article. 

   "Upon certification of the Governor to the Secretary of State of the 

amendments constituting this Article, the General Assembly shall proceed, 

as rapidly as practicable, to provide for the creation of local court 

districts and the establishment of District Courts therein; District 

Courts shall be established to serve every county of the State by not 

later than January 1, 1971. As of January 1, 1971, all previously 

existing courts inferior to the Superior Court shall cease to exist, and 

cases pending in these courts shall be transferred as provided in the 

next succeeding paragraph of this Section. Until a District  Court has 

been thus established to serve a county, all of the courts of that 

county, includ ing the Superior Court, shall continue to be financed and 

the revenues of these courts shall  continue to be paid as they were 

immediately prior to the certification of the amend ments constituting 

this Article; and the laws and rules governing these courts and ap peals 

from the inferior courts to the Superior Court shall continue in force 

and shall be deemed to comply with the provisions of this Article.

   "As soon as a District Court shall have been established for a county, 

all of the provisions of this Article shall become fully effective with 

respect to the courts in that county, and all previously existing courts 

inferior to the Superior Court shall cease to exist. All cases pending in 

these inferior courts shall be transferred to the appropriate division 

of  the General Court of Justice, and all records of these courts shall 

be transferred to the appropriate clerk's office pursuant to rule of the 

Supreme Court. Judges of these inferior  courts, except mayors' courts 

and justice of the peace courts, shall become District Judges and shall 

serve as such for remainders of their respective terms.

    "As soon as a District Court has been established to serve every 

county of the State, all of the provisions of this Article shall become 

fully effective throughout the State."

    SEC. 2. The Constitution of North Carolina is amended by renumbering 

Article I, Section 37, as Article I, Section 38, and by inserting in 

Article I an additional Section, to be designated Section 37, which shall 

follow immediately after Section 36, and which shall read as follows:

   "SEC. 37. Treason against the State. Treason against the State shall 

consist only in levying war against it or adhering to its enemies, giving 

them aid and comfort. No per son shall be convicted of treason unless on 

the testimony of two witnesses to the same overt act, or on confession in 

open court. No conviction of treason or attainder shall work cor ruption 

of blood or forfeiture."

    SEC. 3. The Constitution of North Carolina is amended by striking 

from Article II, Section 29 thereof the words "relating to the 

establishment of courts inferior to the Su perior Court; relating to the 

appointment of justices of the peace;" which follow immedi ately the word 

"resolution" in Section 29.

    SEC. 4. The Constitution of North Carolina is amended by striking out 

Section 5 of Article VII, and by inserting a new Section 5 to read as 

follows:

    "SEC. 5. Sheriffs. In each county a Sheriff shall be elected by the 

qualified voters thereof as is prescribed for members of the General 

Assembly, and shall hold his office for a period of four years. In case 

of a vacancy existing for any cause in any Sheriff's office, the 

governing authority of the county shall fill such vacancy by appointment 

for the unex pired term."

    SEC. 5. The Constitution of North Carolina is amended by striking out 

Sections 6, 9, and 10 of Article VII, and renumbering the succeeding 

Sections of Article VII appropriately.

   SEC. 6. The Constitution of North Carolina is amended by rewriting and 

renumbering Article VII, Section 13 thereof to read as follows:

   "SEC. 10. Powers of General Assembly over municipal corporations. The 

General Assembly shall have full power by statute to modify, change, or 

abrogate any and all of the provisions of this Article, and substitute 

others in their place, except Sections 5, 6, 7, and 9."

   SEC. 7. The Constitution of North Carolina is amended by rewriting 

Article XIV, Section 7, thereof to read as follows

   "SEC. 7. Dual office-holding. No person who shall hold any office or 

place of trust or profit under the United States or any department 

thereof, or under this State, or under any other state or government, 

shall hold or exercise any other office or place of trust or profit under 

the authority of this State, or be eligible to a seat in either house of 

the General Assembly: Provided, that nothing herein contained shall 

extend to officers in the militia, notaries public, commissioners of 

public charities, or commissioners for special purposes." 

   SEC. 8. The amendments set out in Sections 1 through 7 of this Act 

shall be submitted to the qualified voters of the State at the next 

general election. Voting on these amendments shall be conducted under the 

laws now governing general elections in this State. 

   SEC. 9. (A description of the ballot issue followed.) 

   SEC. 10. If a majority of the votes cast thereon be in favor of these 

amendments, the Governor shall certify the amendments under the Great 

Seal of the State to the Secretary of State, who shall enroll the 

amendments so certified among the permanent records of his office, and 

the amendments so certified shall be in full force and Effect from and 

after the date of certification. 

   SEC. 11. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 12. This Act shall take effect immediately upon its ratification. 

   In the General Assembly read three times and ratified, this the 2nd 

day of May, 1961. 

RATIFIED



   II. AN ACT TO AMEND SECTION 5 OF ARTICLE II OF THE CONSTITUTION OF 

NORTH CAROLINA FOR THE PURPOSE OF PROVIDING AN AUTOMATIC REAPPORTIONMENT 

OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY OF 

NORTH CAROLINA. 



   The General Assembly of North Carolina do enact: 

   SECTION 1. The Constitution of the State of North Carolina is amended 

by striking out Section 5 of Article II of said Constitution and by 

rewriting and inserting in lieu thereof the following: 

   "SEC. 5. Regulations in relation to apportionment of Representatives. 

The House of Representatives shall be composed of 120 Representatives, 

biennially chosen by ballot, to be elected by the counties respectively, 

according to their population, and each county shall have at least one 

Representative in the House of Representatives, although it may not 

contain the requisite ratio of representation. This apportionment shall 

be made by the Speaker of the House of Representatives at the first 

regular Session of the General As sembly convening after the return of 

every enumeration by order of Congress. The form ula set out in Section 6 

of this Article shall be applied by the Speaker and the new apportionment 

entered on the Journal of the House of Representatives on or before the 

60th  calendar day of the Session. When so entered, the new apportionment 

shall have the same force and effect as an Act of the General Assembly, 

and shall become effective at the next  election for members of the 

General Assembly." 

   SEC. 2. Section 1 of this Act shall be submitted at the next general 

election to the qualified voters of the State in the same way and manner 

and under the same rules and regulations governing general elections in 

this State. 

   SEC. 3. (A description of the ballot issue followed.) 

   SEC. 4. (This section was similar to sections 8 and 10 of Amendment 

1.) 

    SEC. 5. All laws and clauses of laws in conflict with the provisions 

of this Act are hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 19th 

day of May, 1961. 

RATIFIED



   III. AN ACT TO AMEND ARTICLES II, III AND XIV OF THE CONSTITUTION OF 

NORTH CAROLINA WITH RESPECT TO SUCCESSION TO ELECTIVE STATE EXECUTIVE 

OFFICES, THE APPOINTMENT OF ACTING OFFICERS IN CERTAIN INSTANCES THE 

DETERMINATION OF THE INCAPACITY OF ELECTED STATE EXECUTIVE OFFICERS TO 

PERFORM THE DUTIES OF THEIR OFFICES, AND FIXING A PERMANENT SEAT OF 

GOVERNMENT.



   The General Assembly of North Carolina do enact: 

   SECTION 1. Article II of the Constitution of North Carolina is hereby 

amended by rewriting Section 20 thereof to read as follows: 

   "SEC. 20. Other senatorial officers. The Senate shall elect from its 

membership a President Pro Tempore, who shall become President of the 

Senate upon the failure of the Lieutenant-Governor-elect to qualify, or 

upon succession by the Lieutenant-Governor to the office of Governor, or 

upon the death, resignation, or removal from office of the President of 

the Senate, and who shall serve until the expiration of his term of 

office as Senator. 

   "During the physical or mental incapacity of the President of the 

Senate to perform the duties of his office, or during the absence of the 

President of the Senate, the President Pro Tempore shall preside over the 

Senate. The Senate shall elect its other officers." 

   SEC. 2. Article III of the Constitution of North Carolina is hereby 

amended by rewriting Section 2 thereof to read as follows: 

   "SEC. 2. Qualifications of Governor and Lieutenant-Governor. No person 

shall be eligible for election to the office of Governor or 

Lieutenant-Governor, unless he shall have attained the age of 30 years, 

shall have been a citizen of the United States five years, and shall have 

been a resident of this State for two years next before the election; nor 

shall a person elected to either of these two offices be eligible for 

election for the next succeeding term of the same office." 

   SEC. 3. Article III of the Constitution of North Carolina is hereby 

amended by rewriting Section 12 thereof to read as follows: 

   "SEC. 12. Succession to office of Governor. The 

Lieutenant-Governor-elect shall become Governor upon the failure of the 

Governor-elect to qualify. The Lieutenant-Governor shall become Governor 

upon the death, resignation, or removal from office of the Governor. The 

further order of succession to the office of Governor shall be prescribed 

by law. A successor shall serve for the remainder of the term of the 

Governor whom he succeeds and until a new Governor is elected and 

qualified. 

   "During the absence of the Governor from the State, or during the 

physical or mental incapacity of the Governor to perform the duties of 

his office, the Lieutenant-Governor shall be Acting Governor. The further 

order of succession as Acting Governor shall be prescribed by law. 

   "The Governor may, by a written statement filed with the Secretary of 

State, declare that he is physically incapable of performing the duties 

of his office, and may thereafter in the same manner declare that he is 

physically capable of performing the duties of his office. 

   "The mental incapacity of the Governor to perform the duties of his 

office shall be determined only by joint resolution adopted by a vote of 

two-thirds of all the members of . each house of the General Assembly. 

Thereafter, the mental capacity of the Governor to perform the duties of 

his office shall be determined only by joint resolution adopted by a vote 

of a majority of all the members of each house of the General Assembly. 

In all cases, the General Assembly shall give the Governor such notice as 

it may deem proper and shall allow him an opportunity to be heard before 

a Joint Session of the General As sembly before it takes final action. 

When the General Assembly is not in Session, the Council of State, a 

majority of its members concurring, may convene it in Extra Session

for the purpose of proceeding under this paragraph.

   "Removal of the Governor from office for any other cause shall be by 

impeachment."

   SEC. 4. Article III of the Constitution of North Carolina is hereby 

amended by re writing Section 13 thereof to read as follows:

   "SEC. 13. Duties of other executive officers. The respective duties of 

the Secretary of State, Auditor, Treasurer, Superintendent of Public 

Instruction, Attorney General, Commissioner of Agriculture, Commissioner 

of Labor, and Commissioner of Insurance shall be prescribed by law. If 

the office of any of these officers shall be vacated by death, 

resignation, or otherwise, it shall be the duty of the Governor to 

appoint another to serve until his successor be elected and qualified. 

Every such vacancy shall be filled by election at the first election for 

members of the General Assembly that occurs more than 30 days after the 

vacancy has taken place, and the person chosen shall hold the office for 

the remainder of the unexpired term fixed in the first Section of this 

Article: Provided, that when a va cancy occurs in the office of any of 

the officers named in this Section and the term expireson the first day 

of January succeeding the next election for members of the General 

Assembly the, Governor shall appoint to fill the vacancy for the 

unexpired term of the office. 

   "Upon the occurrence of a vacancy in the office of any one of these 

officers for any of  the causes stated in the preceding paragraph, the 

Governor may appoint an acting officer to perform the duties of the 

office until a person is appointed or elected pursuant to this Section to 

fill the vacancy and is qualified. 

   "During the physical or mental incapacity of any one of these officers 

to perform the duties of his office, as determined pursuant to the 

provisions of this Section, the duties of his office shall be performed 

by an acting officer who shall be appointed by the Governor.

    "The General Assembly shall by law prescribe with respect to those 

officers, other than the Governor, whose offices are created by this 

Article, procedures for determining the physical or mental incapacity of 

any officer to perform the duties of his office,  and for determining 

whether an officer who has been temporarily incapacitated has 

sufficiently recovered his physical or mental capacity to perform the 

duties of his office. Removal of those officers from office for any other 

cause shall be by impeachment."

   SEC. 5. Article XIV of the Constitution of North Carolina is hereby 

amended by rewriting Section 6 thereof to read as follows: 

   "SEC. 6. Seat of Government. The permanent seat of Government in this 

State shall be at the City of Raleigh." 

   SEC. 6. The amendments set out in Sections 1, 2, 3, 4, and 5 of this 

Act shall be submitted to the qualified voters of the State as a single 

proposition at the next general election. The election shall be conducted 

under the laws then governing general elections in this State. 

   SEC. 7. (A description of the ballot proposal followed.) 

   SEC. 8. (This section is similar to Section 9 of Amendment I.) 

   SEC. 9. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 10. This Act shall become effective upon its ratification.

   In the General Assembly read three times and ratified, this the 23rd 

day of May, 1961.

 RATIFIED



    IV. AN ACT TO AMEND ARTICLE VI, SECTION 2, OF THE CONSTITUTION OF 

NORTH CAROLINA SO AS TO PERMIT NEW RESIDENTS NOT QUALIFIED TO  VOTE ONLY 

BECAUSE OF INSUFFICIENT RESIDENCE TIME, TO VOTE FOR  PRESIDENTIAL AND 

VICE-PRESIDENTIAL ELECTORS.



   The General Assembly of North Carolina do enact:

   SECTION 1. Article VI, Section 2, of the Constitution of the State of 

North Carolina  is hereby amended by adding the following sentence at the 

end of said Section:

    The General Assembly may, however, reduce the time of residence, 

preceding a Presidential Election, for a person possessing all other 

qualifications of a voter, in which such person shall be entitled to vote 

for the choice of electors for President and Vice President of the United 

States only. Any person eligible to vote for electors for President and 

Vice President of the United States by reason of a reduction in time of 

residence shall not thereby become eligible to hold office in this 

State." 

    SEC. 2. This amendment shall be submitted to the qualified voters of 

the entire State at the next general election following the ratification 

of this Act. 

   SEC. 3. (A description of the ballot proposal followed.) 

   SEC. 4. (This section was similar to Section 9 of Amendment I.) 

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 2nd 

day of June, 1961.

RATIFIED



   V. AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA SO AS TO PROVIDE 

FOR GREATER LEGISLATIVE AUTHORITY OVER THE SALARIES OF THE STATE 

EXECUTIVE OFFICERS.



   The General Assembly of North Carolina do enact: 

   SECTION 1. Section 15 of Article III of the North Carolina 

Constitution is rewritten to read as follows: 

   "SEC. 15. Compensation of Executive Officers. The officers mentioned 

in this Article shall, at stated periods, receive for their services a 

compensation to be established by the General Assembly, which shall not 

be diminished during the time for which they shall have been elected." 

   SEC. 2. Section 1 of this Act shall be submitted at the next general 

election to the qualified voters in the State in the same way and manner 

and under the same rules and regulations governing general elections in 

this State. 

   SEC. 3. (A description of the ballot issue followed.) 

   SEC. 4. (This section was similar to Section 9 of Amendment I.) 

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 15th 

day of June, 1961.

RATIFIED



   VI. AN ACT TO AMEND SECTION 3, ARTICLE V, AND SECTION 5, ARTICLE V, OF 

THE CONSTITUTION OF NORTH CAROLINA RELATIVE TO THE POWER OF THE GENERAL 

ASSEMBLY TO EXEMPT AND TO CLASSIFY PROPERTY FOR AD VALOREM TAX PURPOSES.



   The General Assembly of North Carolina do enact: 

    SECTION 1. The first three sentences of Section 3 or Article V of the 

Constitution of North Carolina are hereby deleted and the following is 

inserted in lieu thereof: 

   The power of taxation shall be exercised in a just and equitable 

manner, for   public purposes only, and shall never be surrendered, 

suspended, or contracted away. Only the  General Assembly shall have the 

power to classify property and other subjects for taxa tion, which power 

shall be exercised only on a State-wide basis. No class or subject shall 

be taxed except by uniform rule, and every classification shall be 

uniformly applicable in  every county, municipality, and other local 

taxing unit of the State. The General Assem bly's power to classify shall 

not be delegated, except that the General Assembly may per mit the 

governing boards of counties, cities, and towns to classify trades and 

professions

 for local license tax purposes." 

    SEC. 2. Section 5 of Article V of the Constitution of North Carolina 

is hereby rewritten to read as follows:

   "Property belonging to the State, counties and municipal corporations 

shall be exempt from taxation. The General Assembly may exempt cemeteries 

and property held for educational, scientific, literary, cultural, 

charitable, or religious purposes, and, to a value not exceeding three 

hundred dollars ($300.00), any personal property. The General Assembly 

may exempt from taxation not exceeding one thousand dollars ($1,000.00) 

in value of property held and used as the place of residence of the 

owner. Every exemption shall be on a State-wide basis and shall be 

uniformly applicable in every county, municipality, and other local 

taxing unit of the State. No taxing authority other than the General 

Assembly may grant exemptions and the General Assembly shall not delegate 

the powers accorded to it by this Section." 

   SEC. 3. Sections 1 and 2 of this Act shall be submitted at the next 

general election to the qualified voters of the State in the same way and 

manner and under the same rules and regulations governing general 

elections in this State.

   SEC. 4. (A description of the ballot issue followed.)

   SEC. 5. (This section was similar to Section 9 of Amendment I.)

   SEC. 6. In the event a majority of the votes cast be in favor of the 

amendment to clas sify property for taxation only on a State-wide basis, 

and the amendment thereupon shall  be in full force and effect, then and 

in such event G. S. 105-294.1 shall thereafter read as follows: "Any 

agricultural product held in North Carolina by any manufacturer or proces 

sor for manufacturing or processing, which agricultural product is of 

such nature as   customarily to require storage and processing for 

periods of more than one year in order to age or condition such product 

for manufacture, is hereby classified as a special class of property 

under authority of Section 3, Article V of the Constitution. Such 

agricultural products so classified shall be taxed uniformly as a class 

in each local taxing unit at sixty

 t per cent (60 % ) of the rate levied for all purposes upon real estate 

and other tangible personal property by said taxing unit in which such 

agricultural product is listed for taxation."

   SEC 7. In the event a majority of the votes cast be in favor of the 

amendment to classify property for taxation only on a State-wide basis, 

and the amendment thereupon shall be in full force and effect, then and 

in such event G. S. 105-294.2 shall thereafter read as follows: "Peanuts 

held in North Carolina in the year following the year in which such  

peanuts are grown are hereby classified as a special class of property 

under authority of Section 3, Article V of the Constitution. Such peanuts 

so classified shall be taxed uni formly as a class in each local taxing 

unit at twenty per cent (20%) of the rate levied for  all purposes upon 

real estate and other tangible personal property by said taxing unit in

which such peanuts are listed for taxation."

    SEC. 71/2. In the event a majority of the votes cast be in favor of 

the amendment to classify property for taxation only on a State-wide 

basis, and the amendment thereupon shall be in full force and effect, 

then and in such event there shall be a new Section added to Chapter 105 

of the General Statutes, to be numbered 105-294.3, and to read as 

follows: "Cotton in bales held for manufacture or processing in North 

Carolina is hereby classified as a special class of property under 

authority of Section 3, Article V of the Constitution. Such cotton so 

classified shall be taxed uniformly as a class in each local taxing unit 

at fifty per cent (50%) of the rate levied for all purposes upon real 

estate and other tangible per sonal property by said taxing unit in which 

such cotton is listed for taxation. This classi fication shall not be 

held to repeal any other classification or exemption granted to cotton 

under any existing law of State-wide application."

   SEC. 8. In the event a majority of the votes cast be in favor of the 

amendment to clas sify property for taxation on a State-wide basis, and 

the amendment thereupon shall be in full force and effect, then and in 

such event subdivisions (10), (14), and (17) of G. S. 105 297 shall be 

repealed, and G. S. 105-281 shall be amended by adding thereto a new para 

graph to read as follows: "Cotton, tobacco, other farm products, goods, 

wares, and mer chandise which are held or stored for shipment to any 

foreign country, or held or stored at a seaport terminal awaiting further 

shipment after being imported from a foreign country through any seaport 

terminal in North Carolina, except any such products, goods, wares, and 

merchandise which have been so stored for more than twelve months on the 

date as of which property is assessed for taxation, are hereby designated 

a special class of personal property and shall not be assessed for 

taxation. It is hereby declared to be the policy of this State to use its 

system of property taxation in such manner, through the classification of 

the aforementioned property, as to encourage the development of the ports 

of North Carolina. For purposes of this Section and of this Subchapter, 

the term 'property, real and personal,' as used in the first paragraph of 

this Section, shall not in clude the property hereinabove in this 

paragraph so specially classified."

    SEC. 81/2. In the event a majority of the votes cast be in favor of 

the amendment to classify property for taxation only on a State-wide 

basis, and the amendment thereupon shall be in full force and effect, 

then and in such event there shall be a new subdivision added to G. S. 

105-297 to read as follows: "Wheat grown in North Carolina and stored in 

an unmanufactured state, owned or held by one other than a processor of 

wheat, upon which there is money borrowed and said money borrowed being 

secured by a mortgage on said wheat, shall be exempt for the year 

following the year in which grown."

    SEC. 9. All laws and clauses of laws in conflict with this Act are 

hereby repealed. Provided, however, that this Section shall not have the 

effect of repealing any statute now in effect relating to classifications 

or exemptions which have State-wide applicability.

   SEC. 10. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified this the 22nd 

day of June, 1961. 

 RATIFIED





AMENDMENTS OF 1963



   I. AN ACT TO AMEND ARTICLE X, SECTION 6 OF THE CONSTITUTION OF NORTH 

CAROLINA, WITH RESPECT TO A MARRIED WOMAN S RIGHT TO TRANSFER HER 

SEPARATE PROPERTY BY DEED AND BY WILL AND TO EXERCISE POWERS OF ATTORNEY 

CONFERRED UPON HER BY HER HUSBAND.



   The General Assembly of North Carolina do enact:

   SECTION 1. Article X, Section 6 of the Constitution of North Carolina, 

as it relates to the right of a married woman to transfer her separate 

property by deed and by will and to exercise powers of attorney conferred 

upon her by her husband, is hereby amended by striking the last sixteen 

words of the first sentence thereof together with the comma preceding 

them, which words read as follows: ", and, with the written assent of her 

husband, conveyed by her as if she were unmarried," and inserting in lieu 

thereof the following: "and conveyed by her subject to such regulations 

and limitations as the General Assembly may prescribe"; and by striking 

the words "by her or" from the second sentence thereof; so that the said 

Article X, Section 6 as amended, shall read: "The real and personal 

property of any female in this State acquired before marriage, and all 

property, real and personal, to which she may, after marriage, become in 

any manner entitled, shall be and remain the sole and separate estate and 

property of such female, and shall not be liable for any debts, 

obligations or engagements of her husband, and may be devised and 

bequeathed and conveyed by her subject to such regulations and 

limitations as the General Assembly may prescribe. Every married woman 

may exercise powers of attorney conferred upon her by her husband, 

including the power to execute and acknowledge deeds to

property owned by herself and her husband or by her husband."

   SEC. 2. The amendments set out in Section 1 of this Act shall be 

submitted to the qualified voters of this State at the next general 

election. Voting on the amendments shall be conducted under the laws 

governing general elections in this State. 

   SEC. 3. (A description of the ballot issue followed.) 

   SEC. 4. If a majority of the votes cast thereon in such general 

election be in favor of the amendments, the Governor shall certify the 

amendments under the Great Seal of the State to the Secretary of State, 

who shall enroll the amendments so certified among the permanent records 

of his office, and the amendments so certified shall be in full force and 

effect from and after the date of certification. 

   SEC. 4.1. From and after the date of certification of the amendments 

set out in Section 1 of this Act, wherever the word "spouse" appears in 

the General Statutes with reference to testate or intestate successions, 

it shall apply alike to both husband and wife. 

   SEC. 41/2. In the event that a majority of the voters in such general 

election be in favor of the amendments hereinbefore provided for, North 

Carolina G. S. 52-4 shall be repealed and said repeal shall be effective 

on the date the Governor certifies the amendments to the Secretary of 

State. 

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification.

   In the General Assembly read three times and ratified, this the 26th 

day of June, 1963. 

  RATIFIED



   

AMENDMENT OF 1965



AN ACT TO AMEND ARTICLE IV OF THE CONSTITUTION OF NORTH CAROLINA TO 

AUTHORIZE WITHIN THE APPELLATE DIVISION OF THE GENERAL COURT OF JUSTICE 

AN INTERMEDIATE COURT OF APPEALS.



   The General Assembly of North Carolina do enact: 

   SECTION 1. Article IV of the Constitution of North Carolina is amended 

as follows: 

   (a) Section 5 is rewritten to read as follows: 

   "SEC. 5. Appellate Division. The Appellate Division of the General 

Court of Justice shall consist of the Supreme Court and, when established 

by the General Assembly, an intermediate Court of Appeals." 

   (b) Immediately after Section 6, and before Section 7, a new "Section 

6A" is inserted, to read as follows: 

   "SEC. 6A. Court of Appeals. The structure, organization, and 

composition of the Court of Appeals, if established, shall be determined 

by the General Assembly. The Court shall have not less than five members, 

and may be authorized to sit in divisions, or other than en banc. 

Sessions of the Court shall be held at such times and places as the 

General Assembly may prescribe. The General Assembly may provide for the 

retirement of members of the Court of Appeals and for the recall of such 

retired members to serve on that Court in lieu of any active member 

thereof who is, for any cause, temporarily incapacitated." 

   (c) In Section 10, immediately after subsection (1) and before 

subsection (2), a new subsection " (2) " is inserted, to read as follows:

   (2) Court of Appeals. The Court of Appeals, if established, shall have 

such appellate jurisdiction as the General Assembly may provide.", and 

the present subsections (2) through (5) are renumbered " (3) " through " 

(6) " respectively.

   (d) Section 14 is rewritten to read as follows:

   "SEC. 14. Terms of Office and Election of Justices of the Supreme 

Court, Judges of the Court of Appeals, and Judges of the Superior Court. 

Justices of the Supreme Court, Judges of the Court of Appeals and Judges 

of the Superior Court shall be elected by the qualified voters and shall 

hold office for terms of eight years and until their successors are 

elected and qualified. Justices of the Supreme Court and judges of the 

Court of Appeals shall be elected by the qualified voters of the State. 

Regular Judges of the Superior Court may be elected by the qualified 

voters of the State or by the voters of their respective districts, as 

the General Assembly may provide."

   (e) The caption and first sentence of subsection (1) of Section 15 is 

rewritten to read as follows:

   "Justices of the Supreme Court, Judges of the Court of Appeals, and 

Judges of Superior Court. Any Justice of the Supreme Court, Judge of the 

Court of Appeals or Judge of the Superior Court may be removed from 

office for mental or physical incapacity by Joint Resolution of 

two-thirds of both houses of the General Assembly." 

   SEC. 2. The amendments set out in Section 1 of this Act shall be 

submitted to the qualified voters of the State at a general election to 

be held on the Tuesday next after the first Monday in November, 1965. 

Voting on these amendments shall be conducted under the laws now 

governing general elections in this State. 

   SEC. 3. (A description of the ballot issue followed.) 

   SEC. 4. If a majority of the votes cast thereon in such general 

election be in favor of the amendments, the Governor shall certify the 

amendments under the Great Seal of the State to the Secretary of State, 

who shall enroll the amendments so certified among the permanent records 

of his office, and the amendments so certified shall be in full force and 

Effect from and after the date of certification. 

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

hereby repealed. 

   SEC. 6. This Act shall be in full force and effect from and after its 

ratification. 

   In the General Assembly read three times and ratified, this the 9th 

day of June, 1965. 

RATIFIED







AMENDMENTS OF 1967



I. AN ACT TO REWRITE ARTICLE II, SECTION 28, OF THE CONSTITUTION OF NORTH 

CAROLINA WITH RESPECT TO THE COMPENSATION OF MEMBERS OF THE GENERAL 

ASSEMBLY. 



   The General Assembly of North Carolina do enact: 

   SECTION 1. Article II of the Constitution of North Carolina is amended 

by rewriting Section 28 thereof to read as follows: 

   "SEC. 28. Compensation of Members and Officers of the General 

Assembly. The members and officers of the General Assembly shall receive 

for their services a compensation to be established by the General 

Assembly. An increase in the compensation of members shall become 

effective at the beginning of the next regular Session of the General 

Assembly." 

   SEC. 2. The amendment set out in Section 1 of this Act shall be 

submitted to the qualified voters of the State at the next general 

election. That election shall be conducted under the laws then governing 

general elections in this State. 

   SEC. 3. (A description of the ballot issue followed.) 

   SEC. 4. If a majority of the votes cast thereon be in favor of the 

amendment set out in Section 1 of this Act, the Governor shall certify 

that amendment under the Great Seal of the State to the Secretary of 

State, who shall enroll that amendment so certified among the permanent 

records of his office, and the amendment shall become effective upon that 

certification. 

   SEC. 5. All laws and clauses of laws in conflict with this Act are 

repealed. 

   SEC. 6. This Act shall become effective upon its ratification. 

   In the General Assembly read three times and ratified, this the 10th 

day of May, 1967. 

RATIFIED



   II. AN ACT TO REWRITE ARTICLE II, SECTIONS 4, 5, AND 6 OF THE 

CONSTITUTION OF NORTH CAROLINA, WITH RESPECT TO REPRESENTATION IN THE 

GENERAL ASSEMBLY OF NORTH CAROLINA.



   The General Assembly of North Carolina do enact: 

   SECTION 1. Article II of the Constitution of North Carolina is amended 

by rewriting Section 4 thereof to read as follows: 

   "SEC. 4. Senate Districts; Apportionment of Senators. The Senators 

shall be elected from districts. The General Assembly shall, at the first 

regular Session convening after the return of every decennial enumeration 

taken by order of Congress, revise the Senate Districts and the 

apportionment of Senators among those districts, subject to the follow 

ing requirements:

   "(1) Each Senator shall represent, as nearly as may be, an equal 

number of inhabi tants, the number of inhabitants which each Senator 

represents being determined for this purpose by dividing the population 

of the district he represents by the number of Senators apportioned to 

that district;

   "(2) Each Senate District shall at all times consist of contiguous 

territory;

   "(3) No county shall be divided in the formation of a Senate District;

   " (4) When established, the Senate Districts and the apportionment of 

Senators shall remain unaltered until the return of another decennial 

enumeration taken by order of Congress.

   "The duty imposed upon the General Assembly by this Section shall 

continue until performed."

   SEC. 2. Article II of the Constitution of North Carolina is amended by 

rewriting

Section 5 thereof to read as follows:

  "SEC. 5. Number of Representatives. The House of Representatives shall 

be compos ed of 120 Representatives, biennially chosen by ballot."

   SEC. 3. Article II of the Constitution of North Carolina is amended by 

rewriting

Section 6 thereof to read as follows:

 "SEC. 6. Representative Districts; Apportionment of Representatives. The 

Representatives shall be elected from districts. The General Assembly 

shall, at the first regu lar Session convening after the return of every 

decennial enumeration taken by order of Congress, revise the 

Representative Districts and the apportionment of Representatives among 

those districts, subject to the following requirements:

   " (1) Each Representative shall represent, as nearly as may be, an 

equal number of inhabitants, the number of inhabitants which each 

Representative represents being de termined for this purpose by dividing 

the population of the district he represents by the number of 

Representatives apportioned to that district;

    " (2) Each Representative District shall at all times consist of 

contiguous territory;

   "(3) No county shall be divided in the formation of a Representative 

District;

  " (4) When established, the Representative Districts and the 

apportionment of Repre sentatives shall remain unaltered until the return 

of another decennial enumeration taken by order of Congress.

  "The duty imposed upon the General Assembly by this Section shall 

continue until performed."

   SEC. 4. Article II of the Constitution of North Carolina is amended by 

rewriting

Section 13 thereof to read as follows:

   "SEC. 13. Vacancies. Every vacancy occurring in the membership of the 

General

Assembly by reason of death, resignation, or other cause shall be filled 

in the manner prescribed by law."

   SEC. 5. Article II of the Constitution of North Carolina is amended by 

striking from  Section 8 thereof the word "county" and inserting in lieu 

thereof the word "district".

   SEC. 6. Article II of the Constitution of North Carolina is amended by 

striking from Section 27 thereof the words "and counties," as they appear 

in the first sentence of that Section. 

   SEC. 7. The amendments set out in Sections 1 through 6 of this Act 

shall be submitted as a unit to the qualified voters of the State at the 

next general election. That election shall be conducted under the laws 

then governing general elections in this State. 

   SEC. 8. (A description of the ballot issue followed.) 

   SEC. 9. (This section is similar to Section 4 of Amendment I.)

   SEC. 10. All laws and clauses of laws in conflict with this Act are 

repealed. 

   SEC. 11. This Act shall become effective upon its ratification.

   In the General Assembly read three times and ratified, this the 31st 

day of May, 1967. 

RATIFIED