This November, freedom is on the ballot.
The ACLU will continue to fight for our most fundamental rights and liberties in court, in Congress and statehouses, in the streets, and at the ballot box; and we will use every tool in our toolbox to fight for the country we, the people, want to live in. We will be ready with our allies to safeguard the election from the first vote cast through inauguration, to ensure voters are informed and energized as they head to the polls, and to respond to all potential election outcomes.
Our democracy thrives when every American has an equal opportunity to vote and have their vote be counted. By being a voter, we can support leaders and policies that uphold and protect the right to vote, ensuring that we have a representative democracy. We have the power to send a message to elected officials about what we value and what we want them to prioritize.
Here, we break down some of the elected offices you may see on your ballot, so you can better understand how these officials wield the power to protect civil liberties and civil rights. Whether it’s for a board of education election in your county or a supreme court judge race in your state, you have the power to change this country. Let’s show them we the people have the final say.
NC Senate and House of Representatives
The General Assembly has the power to pass state laws that affect all North Carolinians. While the Governor has the power to veto these laws, a three-fifths vote, or supermajority, of the General Assembly can override that veto.
We've seen the impact that that kind of power can have over the last two years, since the General Assembly gained a supermajority in 2023. The legislature overrode the Governor's veto on a bill severely restricting abortion access, including a ban on abortion after 12 weeks of pregnancy with narrow exceptions. The supermajority also allowed the legislature to pass bills targeting transgender North Carolinians, attacking the rights of protesters, and restricting free speech, all despite the Governor's veto. To prevent further bills like this from passing, it is vital that we elect state legislators who will fight for our rights, including reproductive freedom, LGBTQ equality, and racial justice.
NC Supreme Court
The state supreme court is the state’s highest appellate court and has the power to uphold or strike down state laws and policies depending on their interpretation of the federal and state constitution. If the General Assembly passes unconstitutional bills, the state supreme court may decide whether those laws stand. Especially with a hostile legislature, state supreme courts are crucial for protecting our civil rights and freedoms.
In 2022, the NC Supreme Court upheld a Court of Appeals decision establishing that people in same-sex dating relationships cannot be excluded from domestic violence protections. This decision was a monumental win for LGBTQ+ rights in North Carolina. We expect that the Supreme Court will face more decisions that impact our fundamental rights in the coming years.
NC Court of Appeals and Superior Court
Like the Supreme Court, these courts have the power to uphold or strike down state laws and policies depending on their interpretation of the federal and state constitution. These decisions can have a profound impact on civil rights in North Carolina. You should make the same considerations for these offices as you would for the Supreme Court.
NC District Court
District courts hear family law matters, such as divorce, child support, and whether children should be removed from their families. They also hear misdemeanor criminal matters and most juvenile cases.
District courts are the first place that most people charged with crimes appear, and they set or review bail. High bail amounts have been used for decades to detain thousands of people, particularly low-wealth people and people of color, who pose no threat to public safety, putting them at risk of losing their job, housing, and even custody of their children. Thousands of North Carolinians are kept in jail before their trial because they cannot afford to pay for their freedom. Many are released only after they turn to for-profit bail bonds companies that can trap people in years of debt. District court judges have the power to determine whether a person is held in jail or allowed to go home until their day in court.
Attorney General
The state Attorney General represents all state government departments, agencies and commissions in legal matters, provides state officials and prosecutors with legal advice, and handles all criminal appeals from state trial courts.
In 2016, after then-Governor Pat McCrory signed HB2, a bill that discriminated against transgender North Carolinians and mandated which bathrooms people could use based on their legal sex, then-Attorney General Roy Cooper elected not to defend the bill in court. Several advocacy organizations, including the ACLU of North Carolina filed a lawsuit against the bill, and the U.S. Department of Justice challenged the bill on the basis that it violated federal law. Eventually, the bill was repealed. Cooper’s decision not to defend the bill demonstrates how the state Attorney General has the power to protect civil rights and liberties in the state.
Sheriff
County sheriffs are the highest law enforcement officers in the county and can have a profound effect on the criminal justice system on a local level. They can decide how to enforce the law and who is impacted by it. In addition to enforcing criminal laws, sheriffs carry out evictions, oversee the jail, and enforce protections for women, immigrants, and the LGBTQ+ community, among others.
This year, the General Assembly passed a bill that would require sheriffs to investigate the immigration status of people charged with certain crimes and comply with ICE detainer requests, meaning holding a person for up to 48 hours after they would otherwise be released under state law. This bill would place migrant North Carolinians at greater risk of surveillance, detention and deportation. Governor Cooper vetoed the bill. The continued push to pass this type of legislation demonstrates the power that sheriffs have to protect or target marginalized communities.
Board of Commissioners
County laws and policies that are not determined by other federal or state laws are often determined by the Board of Commissioners. The board also has the power to decide how to implement many state and federal laws. This can include things like setting the county property tax rate, regulating land use, and deciding the county budget. Counties also operate public health centers and libraries, which can have a huge impact on our civil rights.
In 2021, the book Gender Queer by Maia Kobabe, a graphic memoir about the author's exploration of gender identity and sexuality, was banned from Wake County Public Libraries after parents complained that it was sexually explicit. The ACLU of North Carolina, Equality NC and the LGBT Center of Raleigh raised concerns about the impacts of censorship, and Wake County librarians signed a letter demanding the return of the book to shelves and noting that librarians should have been included in the decision-making process. The Wake County Board of Commissioners decided to return the book to shelves and revise their book removal policy. This is just one example of how your local Board of Commissioners can have a huge impact on local efforts to protect civil rights.
Board of Education
County Board of Education representatives can pass important policies to protect LGBTQ+ students from harassment, discrimination, and bullying. They can also fight back against book bans and attempts to restrict conversations about race, sexual orientation, and gender in the classroom.
In 2020, the ACLU of North Carolina engaged in a voter education campaign around the role of the Wake County Board of Education in deciding whether to remove School Resource Officers (SROs) from our public schools. You can read more about this campaign and why SROs are harmful in our report, The Consequences of Cops in North Carolina Schools. The decision to keep or remove SROs in schools lies in the hands of your local Board of Education.
The school boards can also choose how to interpret state law. In 2023, the legislature passed a bill targeting LGBTQ+ students, including banning instruction in gender identity, sexual activity, or sexuality up to fourth grade. The Johnston County Board of Education decided to remove any books with LGBTQ+ content from elementary school libraries, while Wake County did not remove any books from libraries to comply with the new law. You can read more about how different school boards struggled to comply with the law here.
North Carolina Superintendent of Public Instruction
The state superintendent oversees the implementation of the state's laws for pre-K through 12th-grade public schools. The role includes providing recommendations for potential legislation regarding public schools, advocating for the needs of public schools, and carrying out all rules and regulations from the State Board of Education. The superintendent also leads the Department of Public Instruction, which executes state laws and standards for public education, administers funding to public schools, licenses public school teachers, and creates the standard school curriculum. This position holds a lot of power to shape public education in the state. Read more about the role of the superintendent here.
Some of the subjects that have come up in the 2024 election for superintendent include teacher pay and retention, addressing safety concerns for LGBTQ+ students, the role of Diversity, Equity and Inclusion policies in public education, racial segregation in public school attendance, and the presence of School Resource Officers in schools.
