Make NC Insurrection-Free
Senate Bill 646 would create a new Article in Chapter 126 of the North Carolina General Statutes establishing employment eligibility rules for state government jobs based on participation in the January 6, 2021 Capitol attack and related conduct. The bill defines several disqualifying conditions, including conviction for certain federal offenses tied to insurrection, rebellion, domestic terrorism, restricted building/grounds violations, or violent entry and disorderly conduct on Capitol grounds; a pardon for actions involving the January 6 insurrection; a court finding that the person engaged in insurrection or rebellion under Section 3 of the Fourteenth Amendment; or clear and convincing evidence of “infamous or disgraceful conduct” involving efforts to disrupt the peaceful transfer of power, attack law enforcement, or undermine democratic institutions.
The bill applies to executive, legislative, and judicial branch state employees, including UNC System and community college employees, and it also extends to contract employees working for state contractors. It would apply to new hires on or after July 1, 2025, and to current employees if disqualifying conduct is discovered. The bill also sets out procedural protections, including written notice, disclosure of evidence, an opportunity to respond, a hearing before an impartial hearing officer if requested, a written decision, and judicial review in superior court. It includes a severability clause and takes effect July 1, 2025.
If enacted, the bill would add a new statewide employment disqualification framework in Chapter 126, expanding the State’s authority to screen and remove employees and certain contractor personnel based on January 6-related convictions, pardons, constitutional findings, or evidence of conduct deemed incompatible with public service. It would affect hiring and personnel actions across all branches of state government, as well as public higher education institutions and contractor relationships, and would create new administrative and judicial review obligations for state agencies handling these determinations.
The bill’s stated purpose and findings reflect a strongly condemnatory view of January 6 participation and frame the measure as protecting the integrity of public service and democratic institutions. In the materials provided, there were no committee transcripts or recorded votes, so there is no direct evidence of debate or bipartisan support/opposition in the available record. Based on the bill text alone, the measure appears designed to appeal to concerns about loyalty to constitutional government and public trust.
The main points of potential contention are the breadth and enforceability of the disqualification standards. In particular, the bill’s use of “clear and convincing evidence” for “infamous or disgraceful conduct” and its reliance on conduct-based findings beyond formal convictions could raise concerns about due process, evidentiary standards, and possible overbreadth. Another likely issue is the inclusion of pardoned individuals and contract employees, which may prompt debate over fairness, rehabilitation, and the scope of state employment restrictions.