GENERAL ASSEMBLY OF NORTH CAROLINA

FIRST EXTRA SESSION 2018

H                                                                                                                                                   D

HOUSE BILL DRH40002-ST-10

 

 

 

Short Title:      Candidate Challenge/Felony/Sheriff.

(Public)

Sponsors:

Representative Clampitt.

Referred to:

 

 

A BILL TO BE ENTITLED

AN ACT to require that the burden of proof in certain challenges to candidacy be placed on the challenger under the laws governing elections.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 163A‑1029(a) reads as rewritten:

"(a)      The Except for a challenge based on residency as provided in subsection (b) of this section, the burden of proof shall be upon the candidate,challenger, who must show by a preponderance of the evidence of the record as a whole that he or she isthe candidate is not qualified to be a candidate for the office."

SECTION 2.  This act is effective when it becomes law and applies to challenges to candidacy on or after that date.