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NC H171

Bill

Status

Introduced

2/25/2021

Primary Sponsor

Mike Clampitt

Click for details

Origin

House of Representatives

2021-2022 Session

AI Summary

  • Places the burden of proof on the challenger to show by preponderance of evidence that a candidate is not qualified for office, rather than requiring the candidate to prove qualification.

  • For residency-based challenges, the panel may require the challenger to present evidence addressing abandonment of the first domicile with intent not to return, acquisition of a new domicile by actual residence, and intent to make the newer domicile permanent.

  • Requires the panel to designate and announce hearing time and location within five business days of challenge filing and render a written decision with findings of fact and conclusions of law within 20 business days.

  • Allows depositions prior to hearing if requested by challenger or candidate before the hearing time is designated, and permits subpoenas for witnesses or documents issued by the panel or parties.

  • Takes effect upon enactment and applies to any challenges filed on or after that date.

Legislative Description

Burden of Proof-Challenge to Candidacy

Boards

Last Action

Ref to the Com on Election Law and Campaign Finance Reform, if favorable, Rules, Calendar, and Operations of the House

3/1/2021

Committee Referrals

Election Law and Campaign Finance Reform3/1/2021

Full Bill Text

No bill text available