Nix All Six – A Reading Comprehension Test for NC’s Six Constitutional Amendments

nixallsix

When a student takes a standardized test in North Carolina, it is always good to realize that there is a certain psychology that goes into the making of a test: “distractors,” almost correct answers, the “throwaway,” etc.

Imagine taking a reading comprehension test on what exactly the six constitutional amendments are on the November 6th ballot. There certainly was a plan to write them a certain way – a sick psychology to say the least. It’s almost like they are like “trick” questions on a test.

The good thing is that you only have to choose one of two answers on actual Election Day, but maybe this pretest will give you some insight.

Amendment #1 – 

As it appears on the ballot:

“Constitutional amendment protecting the right of the people to hunt, fish, and harvest wildlife.”

What the amendment actually said in legalese:

“Sec. 38. Right to hunt, fish, and harvest wildlife.
The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to laws enacted by the General Assembly and rules adopted pursuant to authority granted by the General Assembly to (i) promote wildlife conservation and management and (ii) preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. Nothing herein shall be construed to modify any provision of law relating to trespass, property rights,
or eminent domain.”

Question #1 – What does the ballot form amendment actually mean?

A. That those who made it wanted to leave out certain key parts of the description so that it would pass.
B. It does not stipulate what would happen around parks and schools.
C. Don’t people hunt and fish already and is this just something being pushed by pro-gun lobby?
D. All of the above.

Amendment #2 – 

As it appears on the ballot:

“Constitutional amendment to strengthen protections for victims of crime; to establish certain absolute basic rights for victims; and to ensure the enforcement of
these rights.”

What the amendment actually said in legalese:

Enforcement of rights. Except as otherwise provided herein, the General Assembly shall further provide, by general law, the procedure whereby a victim may assert the rights provided in this section. The victim or, if the victim is a minor, is legally incapacitated, or deceased, a family member, guardian, or legal custodian may assert the rights provided in this section. The procedure shall be by motion to the court of jurisdiction within the same criminal or juvenile proceeding giving rise to the rights. The victim, family member, guardian, or legal custodian have the right to counsel at this hearing but do not have the right to counsel provided by the State. If the matter involves an allegation that the district attorney failed to comply with the rights of a victim when obligated to so do by law, the victim must first afford the district attorney with jurisdiction over the criminal action an opportunity to resolve any issue in a timely manner.

Question #2 – What does the ballot form amendment actually mean?

A. That those who made it wanted to leave out certain key parts of the description so that it would pass.
B. It does not stipulate who pays for it because there is too much ambiguity.
C. It delays justice by adding more paperwork.
D. All of the above.

Amendment #3 – 

As it appears on the ballot:

“Constitutional amendment to reduce the income tax rate in North Carolina to a maximum allowable rate of seven percent (7%).”

What the amendment actually said in legalese:

Income tax. The rate of tax on incomes shall not in any case exceed ten seven percent, and there shall be allowed personal exemptions and deductions so that only net incomes are taxed.”

Question #3 – What does the ballot form amendment actually mean?

A. That those who made it wanted to leave out certain key parts of the description so that it would pass.
B. It actually allows for the potential for higher sales tax and property taxes to make budgets meet in times of recession.
C. It saves a lot of rich people money.
D. All of the above.

Amendment #4 – 

As it appears on the ballot:

“Constitutional amendment to require voters to provide photo identification before voting in person.”

What the amendment actually said in legalese:

“Photo identification for voting in person. Voters offering to vote in person shall
present photographic identification before voting. The General Assembly shall enact general laws governing the requirements of such photographic identification, which may include exceptions.”

Question #4 – What does the ballot form amendment actually mean?

A. That those who made it wanted to leave out certain key parts of the description so that it would pass and it actually does not go into specifics.
B. It does not stipulate what ID’s are allowed.
C. It is a form of voter suppression.
D. All of the above.

Amendment #5 – 

As it appears on the ballot:

“Constitutional amendment to change the process for filling judicial vacancies that occur between judicial elections from a process in which the Governor has sole appointment power to a process in which the people of the State nominate individuals to fill vacancies by way of a commission comprised of appointees made by the judicial, executive, and legislative branches charged with making
recommendations to the legislature as to which nominees are deemed qualified; then the legislature will recommend at least two nominees to the Governor via
legislative action not subject to gubernatorial veto; and the Governor will appoint judges from among these nominees.”

What the amendment actually said in legalese:

“Sec. 23. Merit selection; judicial vacancies.
(1) All vacancies occurring in the offices of Justice or Judge of the General Court of
Justice shall be filled as provided in this section. Appointees shall hold their places until the next election following the election for members of the General Assembly held after the appointment occurs, when elections shall be held to fill those offices. When the vacancy occurs on or after the sixtieth day before the next election for members of the General Assembly and the term would expire on December 31 of that same year, the Chief Justice shall appoint to fill that vacancy for the unexpired term of the office.

(2) In filling any vacancy in the office of Justice or Judge of the General Court of Justice, individuals shall be nominated on merit by the people of the State to fill that vacancy. In a manner prescribed by law, nominations shall be received from the people of the State by a nonpartisan commission established under this section, which shall evaluate each nominee without regard to the nominee’s partisan affiliation, but rather with respect to whether that nominee is qualified or
not qualified to fill the vacant office, as prescribed by law. The evaluation of each nominee of people of the State shall be forwarded to the General Assembly, as prescribed by law. The General Assembly shall recommend to the Governor, for each vacancy, at least two of the nominees deemed qualified by a nonpartisan commission under this section. For each vacancy, within 10 days after the nominees are presented, the Governor shall appoint the nominee the Governor deems best qualified to serve from the nominees recommended by the General Assembly.

(3) The Nonpartisan Judicial Merit Commission shall consist of no more than nine
members whose appointments shall be allocated between the Chief Justice of the Supreme Court, the Governor, and the General Assembly, as prescribed by law. The General Assembly shall, by general law, provide for the establishment of local merit commissions for the nomination of judges of the Superior and District Court. Appointments to local merit commissions shall be allocated between the Chief Justice of the Supreme Court, the Governor, and the General Assembly, as prescribed by law. Neither the Chief Justice of the Supreme Court, the Governor,
nor the General Assembly shall be allocated a majority of appointments to a nonpartisan commission established under this section.

(4) If the Governor fails to make an appointment within 10 days after the nominees are presented by the General Assembly, the General Assembly shall elect, in joint session and by a majority of the members of each chamber present and voting, an appointee to fill the vacancy in a manner prescribed by law.

(5) If the General Assembly has adjourned sine die or for more than 30 days jointly as provided under Section 20 of Article II of this Constitution, the Chief Justice shall have the authority to appoint a qualified individual to fill a vacant office of Justice or Judge of the General Court of Justice if any of the following apply:
(a) The vacancy occurs during the period of adjournment.
(b) The General Assembly adjourned without presenting nominees to the
Governor as required under subsection (2) of this section or failed to elect a
nominee as required under subsection (4) of this section.
(c) The Governor failed to appoint a recommended nominee under subsection (2)
of this section.

(6) Any appointee by the Chief Justice shall have the same powers and duties as any other Justice or Judge of the General Court of Justice, when duly assigned to hold court in an interim capacity, and shall serve until the earlier of:
(a) Appointment by the Governor.
(b) Election by the General Assembly.
(c) The first day of January succeeding the next election of the members of the
General Assembly, and such election shall include the office for which the
appointment was made. However, no appointment by the Governor or election by the General Assembly to fill a judicial vacancy shall occur after an election to fill that judicial office has commenced, as prescribed by law.”


Question #5
– What does the ballot form amendment actually mean?

A. That those who made it wanted to leave out certain key parts of the description so that it would pass and it actually does not go into specifics.
B. It is a power grab by the legislative branch over both the executive branch and the judicial branch.
C. It is a means to pack the court with favorable candidates for the NCGA.
D. All of the above.

 

Amendment #6 – 

As it appears on the ballot:

“Constitutional amendment to establish an eight-member Bipartisan Board of Ethics and Elections Enforcement in the Constitution to administer ethics
and elections law.”

What the amendment actually said in legalese:

“Sec. 11. Bipartisan State Board of Ethics and Elections Enforcement.
(1) The Bipartisan State Board of Ethics and Elections Enforcement shall be established to administer ethics and elections law, as prescribed by general law. The Bipartisan State Board of Ethics and Elections Enforcement shall be located within the Executive Branch for administrative purposes only and shall exercise all of its powers independently of the Executive Branch.


(2) The Bipartisan State Board of Ethics and Elections Enforcement shall consist of eight members, each serving a term of four years, who shall be qualified voters of this State. Of the total membership, no more than four members may be registered with the same political affiliation, if defined by general law. Appointments shall be made by the Governor as follows:
(a) Four members upon the recommendation of the leader, as prescribed by
general law, of each of the two Senate political party caucuses with the most
members. The Governor shall not appoint more than two members from the
recommendations of each leader.
(b) Four members upon the recommendation of the leader, as prescribed by
general law, of each of the two House of Representatives political party
caucuses with the most members. The Governor shall not appoint more than
two members from the recommendations of each leader.

(3) The General Assembly shall enact general laws governing how appointments shall be made if the Governor fails to appoint a member within 10 days of receiving recommendations as required by this section.”

Question #6 – What does the ballot form amendment actually mean?

A. That those who made it wanted to leave out certain key parts of the description so that it would pass and it actually does not go into specifics.
B. Changing the number from 9 to 8 allows for gridlock, which is what the NCGA wants.
C. It is a form of stalling the elections process.
D. All of the above.

The simple fact that the ballot version of the amendments leave out vital pieces of information deliberately is enough reason to vote against all of them.

Nix all six.

nixallsix

 

 

 

2 thoughts on “Nix All Six – A Reading Comprehension Test for NC’s Six Constitutional Amendments

  1. It’s too bad the crime victim rights legislation that we have been working on for over a decade and has passed in other states by wide bipartisan margins is being caught up in this hysteria. NC needs enforceable victim rights. Until marsys law is passed, victim rights will merely be symbolic suggestions dispensed at the good will of the court.

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s