The North Carolina Wake County Superior Court today Ruled in Case: 18CVS 9806 by the North Carolina State Conference of the NAACP (NC NAACP) and Clear Air Carolina (CAC), that the Illegally Gerrymandered North Carolina General Assembly did not have Legal Authority to place Constitutional Amendments on the Ballot because it did Not Act with the Full Will of the People of North Carolina.
The Court Voided Two Constitutional Amendment Proposals Related to:
- Imposing a Photo Voter ID Requirement
- Lowering the State Income Tax Cap
That were hurriedly Enacted in the Final 2018 Special Session of the Illegally-Constituted Legislature before it Left Office.
Judge Bryan Collins of the Wake County Superior Ruled that “[a]n illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s Constitution.”
As a result, the Two Amendments Challenged by the Plaintiffs are Void, and the Constitution will Revert to its Earlier Form.
But Rick Hasen of the Election Law Blog, says
It is not at all clear that this ruling will stand. Aside from the fact that these amendments went before voters for a popular vote (which was not called into question), this ruling would seem to call into question all the actions of the General Assembly based upon the improper drawing of districts. I have not seen such a holding before.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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