North Carolina § 163-127.5 Burden of proof

North Carolina Statutes

§ 163-127.5 — Burden of proof

North Carolina § 163-127.5

Ch. 163Elections and Election Laws

Art. 11BChallenge to Candidacy

Subch. VNOMINATION OF CANDIDATES

This text of North Carolina § 163-127.5 (Burden of proof) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 163-127.5 (2026).

Text

(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).)