2015 North Carolina General Statutes
Chapter 163 - Elections and Election Laws.
Article 11B - Challenge to a Candidacy.
§ 163-127.5 - 5. Burden of proof.
163-127.5. Burden of proof.
(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.)
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