NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1004

HOUSE BILL 327

AN ACT TO AMEND ARTICLE VI OF THE NORTH CAROLINA CONSTITUTION RELATING TO THE QUALIFICATION OF INDIVIDUALS TO REGISTER AND VOTE IN ELECTIONS IN NORTH CAROLINA.

The General Assembly of North Carolina do enact:

Section 1.  The Constitution of North Carolina, as revised and amended pursuant to An Act to Revise and Amend the Constitution of North Carolina, H.B. 231, enacted as Chapter ______ of the Session Laws of 1969, is amended by striking therefrom all of Article VI, Sec. 4, and by renumbering Secs. 5 through 10 of that Article as Secs. 4 through 9.

Sec. 2.  The Constitution of North Carolina, as that document read on January 1, 1969, is amended by striking therefrom all of Article VI, Sec. 4, and by renumbering Secs. 5 through 9 as Secs. 4. through 8.

Sec. 3.  The amendment set out in Sections 1 and 2 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 elections in this State.

Sec. 4.  At that election, each qualified voter presenting himself to vote shall be provided a ballot on which shall be printed the following:

"□      FOR constitutional amendment abolishing literacy requirement for voting."

"□      AGAINST constitutional amendment abolishing literacy requirement for voting."

Those qualified voters favoring the amendment set out in Sections 1 and 2 of this Act shall vote by marking an X or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to that amendment shall vote by making an X or a check mark in the square beside the statement beginning "AGAINST".

Notwithstanding the foregoing provisions of this Section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.

Sec. 5.  If a majority of the votes cast thereon are in favor of the amendment set out in Sections 1 and 2 of this Act, and if a majority of the votes cast on the revision and amendment submitted to the qualified voters by An Act to Revise and Amend the Constitution of North Carolina are in favor of that revision and amendment, then the Governor shall certify the amendment set out in Section 1 of this Act 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 that amendment shall take effect as an amendment to the revised and amended Constitution of North Carolina on July 1 next after its ratification by the qualified voters.

Sec. 6.  If a majority of the votes cast thereon are in favor of the amendment set out in Sections 1 and 2 of this Act, and if a majority of the votes cast on the revision and amendment submitted to the qualified voters by an Act to Revise and Amend the Constitution of North Carolina are against that revision and amendment, then the Governor shall certify the amendment set out in Section 2 of this Act 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 that amendment shall take effect as an amendment to the present Constitution of North Carolina on July 1 next after its ratification by the qualified voters.

Sec. 7.  If a majority of the votes cast thereon are in favor of the amendment set out in Sections 1 and 2 of this Act, then G.S. 163-58 and all other statutes requiring that a person be able to read and write as a condition for registration or voting are repealed, effective July 1 next after the ratification of the amendment by the qualified voters.

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

Sec. 9.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 23rd day of June, 1969.