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Code · North Carolina · Chapter 163 — Elections and Election Laws

§ 163-127.5. Burden of proof.

115 words·~1 min read·/nc/chapter-163/163-127-5

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§ 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; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
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