North Carolina has operated under three constitutions, adopted in 1776, 1868, and 1971, respectively. The first was drafted hurriedly under wartime pressures and contained several inconsistencies and undemocratic features. The second, a product of Reconstruction, was written by native white Republicans and a sprinkling of blacks and northern-born Republicans. When conservative whites regained power, they left the basic framework of this constitution intact, though they added the literacy test, poll tax, and grandfather clause to it.
A century after the Civil War, the document had become unwieldy and partially obsolete. A constitutional study commission submitted to the general assembly in 1969 a rewritten constitution, which the electorate ratified, as amended, in 1971. As of January 2003, the document had been amended a total of 31 times. One amendment permits the governor and lieutenant governor to serve a maximum of two successive four-year terms.
Under the 1971 constitution, the general assembly consists of a 50-member senate and a 120-member house of representatives. Regular sessions are held in odd-numbered years, with the provision that the legislature may (and in practice, does) divide to meet in even-numbered years. Sessions begin in January and are not formally limited in length. Special sessions may be called by three-fifths petition of each house. Senators must be at least 25 years old, must be qualified voters of the state, and must have been residents of the state for at least two years and residents of their districts for at least one year prior to election. Representatives must be qualified voters of the state and must have lived in their district for at least a year; the constitution establishes 21 as the minimum age for elective office. All members of the general assembly serve two-year terms. The legislative salary was $13,951 in 2002, unchanged from 1999.
The governor and lieutenant governor (who run separately) must be 30 years old; each must have been a US citizen for five years and a state resident for two. In 2002 the governor's salary was $118,430. North Carolina's chief executive has powers of appointment, supervision, veto, and budgetary recommendation. The voters also elect a secretary of state, treasurer, auditor, superintendent of public instruction, attorney general, and commissioners of agriculture, insurance, labor, and public lands; all serve four-year terms. These officials preside over their respective departments and sit with the governor and lieutenant governor as the council of state. The governor appoints the heads of the other executive departments.
Bills become law when they have passed three readings in each house of the general assembly, and take effect 30 days after adjournment. Bills that are not signed or vetoed by the governor become law after 10 days when the legislature is in session and after 30 days if the legislature adjourns. A three-fifths vote of the elected members in each house is required to override a gubernatorial veto. Constitutional amendments may be proposed by a convention called by a two-thirds vote of both houses and a majority of the voters, or may be submitted directly to the voters by a three-fifths consent of each house. In either case, the proposed amendments must be ratified by a popular majority before becoming part of the constitution.
To vote in North Carolina a person must be a US citizen, at least 18 years old, a resident of the state and county for at least 30 days prior to election day, and not registered to vote in another state. Restrictions apply to convicted felons.