North Carolina § 163-127.5 Burden of proof

North Carolina Statutes

§ 163-127.5 — Burden of proof

North Carolina·Ch. 163 Elections and Election Laws·Art. 11B Challenge to Candidacy·Subch. V NOMINATION OF CANDIDATES

(a)The burden of proof shall be upon the candidate, who must show by a preponderance of the evidence of the record as a whole that he or she is qualified to be a candidate for the office.

(b)If the challenge is based upon a question of residency, the candidate must show all of the following:

(1)An actual abandonment of the first domicile, coupled with an intent not to return to the first domicile.

(2)The acquisition of a new domicile by actual residence at another place.

(3)The intent of making the newer domicile a permanent domicile. (2006-155, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

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(a) The burden of proof shall be upon the candidate, who must show by a preponderance of the evidence of the record as a whole that he or she is qualified to be a candidate for the office.
(b) If the challenge is based upon a question of residency, the candidate must show all of the following:
(1) An actual abandonment of the first domicile, coupled with an intent not to return to the first domicile.
(2) The acquisition of a new domicile by actual residence at another place.
(3) The intent of making the newer domicile a permanent domicile. (2006-155, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

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