A North Carolina appeals court is considering whether to void changes to the state constitution that voters approved last year because they were placed on the ballot by lawmakers elected in racially gerrymandered districts, lawyers said Thursday.

The state Court of Appeals will decide whether the Republican-controlled legislature lacked authority to put those constitutional amendments before voters. At stake is whether the actions of lawmakers elected from districts designed to disenfranchise unfriendly voters for partisan advantage can be reversed or stay in effect.

If the state NAACP’s lawsuit succeeds, laws passed by the General Assembly over the years could be challenged, potentially causing chaos and setting free criminals convicted under those laws, said Martin Warf, a lawyer for GOP legislative leaders.

“No court has ever said that one of the remedies is striking down all of the laws of the past,” he said.

A lawyer for the civil rights organization said GOP legislators knew that courts determined their legislative districts cheated black voters and didn’t represent the people. Despite that, Republicans pushed changes to the state constitution making virtually permanent limits on income tax rates and requirements to show identification when voting, NAACP attorney Kym Hunter said.

A Wake County trial judge ruled earlier this year that the General Assembly that wrote and proposed the constitutional changes last year lacked authority. The U.S. Supreme Court in 2017 declared the 2016 legislative elections included districts designed to illegally disadvantage black voters.

What are “the limits for acts of a General Assembly that has been found to be the product of widespread and illegal racial gerrymandering?” Judge Reuben Young asked Warf.

Courts have mostly ruled that the solution is redrawing districts and holding a new election, Warf said. And anyway, the constitution’s separation of powers means lawmakers themselves and not courts decide who is qualified to be a member of the General Assembly, he said.

Hunter later took up Young’s question, arguing that the GOP argument is that “however gerrymandered a General Assembly is, they can do whatever they want, however much that might further entrench their power. That is precisely what they did here.”

Sure, voters approved the constitutional changes recommended by their legislature, Hunter said, but the state constitution has always had a two-stage process for amendments to slow down changes and encourage more social stability. In this case, the first step was short-circuited by lawmakers, she said.

If the amendments are invalidated because they were proposed by an invalid legislature, couldn’t other laws passed during the same period also be voided?, judges asked.

“We’ve got to balance the fact that, yes, this legislature does not represent the people, with the fact that we do want an orderly government of some kind,” Hunter said. Courts have allowed that even invalid legislatures had standing to pass budgets or react to emergencies, she said. But a constitutional change that doesn’t address immediate needs and could persist for decades isn’t tolerable, Hunter said.

Democrats and their allies have long fought voter ID requirements, calling them an unnecessary obstacle for people to vote. But adding them to the constitution means reversing the mandate would be difficult. The other amendment struck down lowered the maximum state income tax rate from 10% to 7%. The current personal income tax rate is 5.25%.

A Court of Appeals decision could be challenged to the state Supreme Court, where Democrats hold six out of seven seats.

Related Stories
‹
Therapy Smarts and Sen. Natalie Murdock on How HB696 Impacts Children and Families — On Air Today (June 15, 2026)
Founder and CEO of Therapy Smarts Avani Shah and N.C. District 20 Sen. Natalie Murdock speak with 97.9 The Hill on Monday, June 15.
On the Porch: Stephen Fenberg - What Funded America's Infrastructure?
This Week: Writer Steven Fenberg discovered Jesse Jones was reputedly the most powerful person in the nation next to President Franklin Roosevelt during the Great Depression and World War II. As chairman of the federal government’s Reconstruction Finance Corporation (RFC)—the nation’s indispensable infrastructure bank—Jones initiated and managed massive New Deal agencies that saved and expanded the nation’s economy and then shifted the RFC’s priority from domestic economics to global defense to fight and win WWII. Fenberg told this remarkable story as executive producer and co-writer of the Emmy Award winning documentary film “Brother, Can You Spare a Billion?” that was narrated by Walter Cronkite and broadcast nationally on PBS. Fenberg then wrote the biography “Unprecedented Power: Jesse Jones, Capitalism, and the Common Good.”
Viewpoints: Constitutional Changes Are Rarely Necessary
Constitutional amendments are supposed to be rare. They are supposed to matter. They are meant to alter foundational principles or governmental structure when absolutely necessary. 
On the Porch: Terri Mitchell - Mentoring Women in Tech
This Week: Terri Mitchell is the founder of Accelerate Success, a program to help women develop the confidence, skills, and networks needed to thrive in STEM careers. She is a former IBM executive with more than 30 years of experience in the technology industry. Starting as a graduate of Le Moyne College with a degree in Computer Science, she held leadership roles across hardware, software, and systems businesses, culminating in her role as Vice President and IBM Integration Executive. Following her retirement from IBM in 2018, Terri became a founding member of Triangle Women in STEM and began the Accelerate Success program.
On the Porch: Carl Nordgren - Creativity Can Unite US
This Week: Carl Nordgren is a best-selling novelist, a teacher, and an imaginal cell. After 25 years as an entrepreneur, he taught Creativity at Duke for 14 years. He’s a two-time TEDx speaker and hosts the weekly radio show ‘Exploring your Creative Genius’ on 97.9 The Hill. His calling is to help each of us and all of us grow our creative capacities and develop our entrepreneurial instincts and behaviors, a calling that informed his book "Becoming a Creative Genius (again)". His new book, "Common Ground for US" continues that work and offers new perspectives on governance and policy making for political and community leaders. You can attend his book launch event at Golden Fig Books in Carrboro on June 4, by clicking the show title above.
On the Porch: Tiffany Muller - End Citizens United
This Week: Tiffany Muller is the President of End Citizens United. She has helped grow the group into a nationwide organization with more than 4 million members and 1 million grassroots donors. Before leading End Citizens United, Tiffany was Deputy Political Director at the Democratic Senatorial Campaign Committee, where she worked with top Senate races. She also served as chief of staff to two members of Congress, ran a political research firm, and was Vice President of Political Operations at the LGBTQ+ Victory Fund. As a member of the Topeka City Council, she led successful efforts to expand anti-discrimination protections. 
Anderson Clayton on N.C. Democratic Party's General Election Preparation — On Air Today (May 20, 2026)
Chair of the North Carolina Democratic Party Anderson Clayton joins 97.9 The Hill News Director Brighton McConnell on Wednesday, May 20.
Rep. Allen Buansi Shares Details on Bill for Millionaire Tax to Fund Public Schools
The District 56 representative joined 97.9 The Hill to discuss the bill he's co-sponsoring to explore new ways for funding public schools.
On the Porch: Graig Meyer - NC Justice Center
This Week: Graig Meyer is the Executive Director of the NC Justice Center where he will continue to "prioritize decisions and policies that make our state safer, healthier, more fair, and more prosperous". Meyer brings more than a decade of leadership in the North Carolina General Assembly, where he served in the House of Representatives beginning in 2013 and most recently in the State Senate representing Orange, Person, and Caswell Counties. Throughout his legislative career, Meyer championed strong public education, access to health care, economic opportunity for working families, and policies that strengthen communities across the state. Before entering public office, Graig spent sixteen years working in North Carolina’s public schools. A trained social worker and longtime public-school advocate, Graig has focused his public service on helping families connect to the resources and opportunities they need to thrive. 
On the Porch: Lisa Sorg - Data Centers
This Week: Lisa Sorg is the North Carolina reporter for Inside Climate News. A journalist for 30 years, Sorg covers energy, climate environment and agriculture, as well as the social justice impacts of pollution and corporate malfeasance. She has won dozens of awards for her news, public service and investigative reporting. In 2022, she received the Stokes Award from the National Press Foundation for her two-part story about the environmental damage from a former missile plant on a Black and Latinx neighborhood in Burlington. Sorg was previously an environmental investigative reporter at NC Newsline, a nonprofit media outlet based in Raleigh. She has also worked at alt-weeklies, dailies and magazines. Originally from rural Indiana, she lives in Durham, N.C.
›