Tobias "Toby" Hampson
Democrat | North Carolina
Candidate Profile
Activist
BIOGRAPHY
EDUCATION
Candidate did not provide
WORK & MILITARY
Candidate did not provide
AFFILIATIONS
Candidate did not provide
POLITICAL OFFICES HELD
Candidate did not provide
POLITICAL OFFICES SOUGHT
Candidate did not provide
ENDORSEMENTS
LIBERAL (9)
North Carolina AFL-CIO
Sierra Club North Carolina
North Carolina NOW PAC National Organization for Women
Equality North Carolina PAC
Down Home NC
SELECTED CONTRIBUTIONS
LIBERAL
GIVEN BY CANDIDATE (6)
State Democratic Party Organizations (2025)
North Carolina Senior Democrats (2018)
Peoples Alliance (2018)
Toby Hampson (2018)
Young Democrats of America (2018)
RECEIVED BY CANDIDATE (15)
American Federation of Labor and Congress of Industrial Organizations (2018)
Carolina Justice PAC (2018)
Democrat Women Organizations (2018)
Don Vaughan (2018)
Evonne S. Hopkins (2018)
OTHER INFORMATION
Hampson posted on Facebook praising former Governor Jim Hunt’s work in public education, stating that “he was a champion of public education” and that his education initiatives “have provided opportunities for countless North Carolinians—including me.”
In State v. Ducker (2025), authored by Judge Hampson, the Court of Appeals considered whether North Carolina’s ban on felons possessing firearms violated the Second Amendment or the state Constitution. The court upheld the law and Ducker’s conviction, even though his felony was not violent. Hampson relied on recent U.S. Supreme Court cases, including Bruen and Rahimi, and held that people convicted of felonies are outside the Second Amendment’s protection for law-abiding citizens. He also found the ban reasonable under the state Constitution because Ducker had a history of criminal conduct and violated the gun-possession law.
In Allman v. Swain County Board of Elections (2025), in which Judge Hampson authored the opinion, the court considered whether a former county elections director could challenge her removal from office and seek damages based on alleged violations of her constitutional rights. The court held that the plaintiff’s claims were properly dismissed, concluding that she failed to establish a valid claim for relief. The Court of Appeals affirmed the trial court’s decision granting summary judgment to the defendants, finding that the plaintiff’s constitutional and statutory claims did not provide a basis for reversing her removal.
In State v. Garmon (2024), in which Judge Hampson dissented, the Court of Appeals considered whether drugs and drug paraphernalia found in a backpack inside a car were enough to convict Garmon of using the vehicle to keep or sell drugs. The majority upheld the conviction. Hampson disagreed, arguing that simply having drugs in a car does not prove the car was used to store them. He said there was no evidence the backpack was hidden or that the car itself was connected to drug storage or sales. Hampson warned the ruling could weaken the requirement that the State prove more than drug possession.
In 2024, Judge Griffin, as a Republican Supreme Court candidate, challenged about 65,000 ballots after losing the election by 734 votes. Griffin challenged three groups: about 60,000 voters whose registrations lacked required identification information, 5,500 overseas voters who did not provide photo ID, and 267 overseas voters who had never lived in North Carolina. Supporters said the challenges were necessary to ensure only lawful votes counted, while critics argued they could disenfranchise voters after the election.6
In Griffin v. North Carolina State Board of Elections (2025), the Court of Appeals considered whether the ballots Griffin challenged—including those cast by overseas voters without photo ID—should be rejected or corrected. The majority allowed challenges to certain ballots and required some voters to take steps to preserve their votes. Judge Hampson dissented, arguing that voters should not lose their votes because courts changed or misapplied election rules after the election. He said military and overseas voters were governed by separate laws that did not require the photo ID demanded by the majority.
In Kelly v. State (2022), in which Judge Hampson dissented, the Court of Appeals considered whether a challenge to North Carolina’s private-school voucher program should be heard by a special three-judge panel. The majority sent the case to that panel, treating the lawsuit as a challenge to the law itself. Hampson disagreed, saying the parents were challenging how the voucher program affected them, not claiming the entire law was invalid. He argued the case should stay with the trial court. His dissent stressed that courts should not decide constitutional questions before they are necessary to resolve the case.
QUESTIONNAIRE
RIGHT TO LIFE
Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain. (Holding: In Dobbs, the U.S. Supreme Court held that the federal constitution does not confer a right to abortion.)
Did not answer
Does the federal Constitution support the right to physician assisted suicide? Please explain in light of Washington v. Glucksberg (1997).
Did not answer
Human life deserves legal protection from conception until natural death.
Did not answer
How do you view the judiciary’s role in matters of abortion regulation following Dobbs?
Did not answer
RELIGIOUS LIBERTY
Do you believe religious liberty is at risk in the United States. If so, what is the judiciary's proper role in addressing this issue?
Did not answer
Does the Establishment Clause of the First Amendment require government to be strictly secular or does it allow for the nation's religious heritage?
Did not answer
Was Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held tha the state may not show religious hostility when enforcing anti-discrimination laws against a business owner.)
Did not answer
VALUES
Briefly describe your spiritual beliefs and values.
Did not answer
What is your understanding of parental rights under the Constitution regarding the upbringing of children, particularly regarding choices about education and sexual identity?
Did not answer
Is gender identity a protected class under the Constitution? Please explain the constitutional basis for your view.
Did not answer
ABOUT YOU
Have you ever been convicted of a felony? If so, please explain.
Did not answer
Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.
Did not answer
I voted in these primaries and general elections:
Did not answer
JUDICIAL PHILOSOPHY
Describe your judicial philosophy.
Did not answer
Do you believe judges should primarily apply the law according to its original public meaning, or do you believe the law evolves over time to reflect contemporary values?
Did not answer
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
Did not answer
Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held Due Process and Equal Protection Clauses create a right for same-sex couples to marry.)
Did not answer
A. How should a judge approach a case where the constitutional or statutory text is clear on its face? B. Conversely, how should a judge proceed when the text is ambiguous or silent on a disputed issue?
Did not answer
What is your view of judicial restraint versus judicial activism? How do you define each?
Did not answer
What is the proper role of a judge?
Did not answer
When applying or interpreting the text of a statute or constitutional provision, is it ever proper for a judge to consider present day public opinion or consequences?
Did not answer
If precedent departs from the Constitution’s text or original meaning, should a judge follow it or correct the error? Please explain.
Did not answer
CRIMINAL JUSTICE & PUBLIC SAFETY
The burden of proof in a criminal case is generally that the state must provide proof beyond a reasonable doubt. Some say the reason the burden of proof is so high is because we greatly value ensuring that the innocent are not unjustly imprisoned. Please comment on this topic.
Did not answer
When reviewing wrongful conviction claims, what role, if any, should judges play in determining remedies?
Did not answer
2ND AMENDMENT
What is your understanding of the Second Amendment’s right to keep and bear arms?
Did not answer
OTHER IMPORTANT ISSUES
Which branch of government do you believe was intended to wield the most authority?
Did not answer
