Bill Text: NC H1114 | 2017-2018 | Regular Session | Introduced
Bill Title: Change Burden of Proof/Candidacy Challenge
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-12-06 - Re-ref Com On Rules, Calendar, and Operations of the House [H1114 Detail]
Download: North_Carolina-2017-H1114-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H D
HOUSE BILL DRH10538-LU-149A
|
Short Title: Change Burden of Proof/Candidacy Challenge. |
(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.
