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Constitution of North Carolina

ARTICLE I Declaration of Rights

Sec. 10. Free elections.

All elections shall be free.

History Note. - The provisions of this section are similar to those of Art. I, § 10, Const. 1868.

Legal Periodicals. - For article, "Bill of Attainder: 'Old Wine in New Bottles'," see 36 N.C. Cent. L. Rev. 278 (2014).

For article, "Reconceptualizing the Eighth Amendment: Slaves, Prisoners, and 'Cruel and Unusual' Punishment," see 94 N.C.L. Rev. 817 (2016).


Editor's Note. - The case cited below was decided under former Art. I, § 10, Const. 1868.

Elector May Not Be Required to Take Oath Violating This Section. - Membership in a party and the right to participate in its primary may not be denied an elector because he refuses to take an oath to vote in a manner which violates this constitutional provision. Clark v. Meyland, 261 N.C. 140, 134 S.E.2d 168 (1964).

Ballot Access Restriction. - The ten percent (10%) numerical signature requirement contained in G.S. § 163-122(a)(3) is an unconstitutional ballot access restriction for unaffiliated candidates in violation of the U.S. Const., Amend. I and XIV and N.C. Const., Art. I, § 19 and this section. Obie v. North Carolina State Bd. of Elections, 762 F. Supp. 119 (E.D.N.C. 1991).

Cited in Royal v. State, 153 N.C. App. 495, 570 S.E.2d 738 (2002); Blankenship v. Bartlett, 363 N.C. 518, 681 S.E.2d 759 (Aug. 28, 2009); Libertarian Party v. State, 365 N.C. 41, 707 S.E.2d 199 (2011).

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