§ 163‑85. Challengeprocedure other than on day of primary or election.
(a) Right to Challenge;When Challenge May Be Made. Any registered voter of the county may challengethe right of any person to register, remain registered or vote in such county.No such challenge may be made after the twenty‑fifth day before eachprimary, general, or special election.
(b) Challenges Shall BeMade to the County Board of Elections. Each challenge shall be madeseparately, in writing, under oath and on forms prescribed by the State Boardof Elections, and shall specify the reasons why the challenged voter is notentitled to register, remain registered, or vote. When a challenge is made, theboard of elections shall cause the word "challenged" to be written inpencil on the registration records of the voter challenged. The challenge shallbe signed by the challenger and shall set forth the challenger's address.
(c) Grounds forChallenge. Such challenge may be made only for one or more of the followingreasons:
(1) That a person is nota resident of the State of North Carolina, or
(2) That a person is nota resident of the county in which the person is registered, provided that nosuch challenge may be made if the person removed his residency and the periodof removal has been less than 30 days, or
(3) That a person is nota resident of the precinct in which the person is registered, provided that nosuch challenge may be made if the person removed his residency and the periodof removal has been less than 30 days, or
(4) That a person is not18 years of age, or if the challenge is made within 60 days before a primary,that the person will not be 18 years of age by the next general election, or
(5) That a person hasbeen adjudged guilty of a felony and is ineligible to vote under G.S. 163‑55(2),or
(8) That a person is nota citizen of the United States, or
(9) With respect tomunicipal registration only, that a person is not a resident of themunicipality in which the person is registered, [or]
(10) That the person isnot who he or she represents himself or herself to be.
(d) PreliminaryHearing. When a challenge is made, the county board of election shallschedule a preliminary hearing on the challenge, and shall take such testimonyunder oath and receive such other evidence proffered by the challenger as maybe offered. The burden of proof shall be on the challenger, and if no testimonyis presented, the board shall dismiss the challenge. If the challenger presentsevidence and if the board finds that probable cause exists that the personchallenged is not qualified to vote, then the board shall schedule a hearing onthe challenge.
(e) Prima FacieEvidence That Voter No Longer Resides in Precinct. The presentation of aletter mailed by returnable first‑class mail to the voter at the addresslisted on the voter registration card and returned because the person does notlive at the address shall constitute prima facie evidence that the person nolonger resides in the precinct. (1901, c. 89, s. 19; Rev., s. 4339; C.S., s. 5972;1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c.793, s. 34; 1979, c. 357, s. 1; 1985, c. 563, ss. 11‑11.2, 11.5; c. 589,s. 60; 1993 (Reg. Sess., 1994), c. 762, s. 25; 2009‑526, s. 1.2; 2009‑541,s. 16.1(a); 2009‑550, s. 11.)
§ 163‑85. Challengeprocedure other than on day of primary or election.
(a) Right to Challenge;When Challenge May Be Made. Any registered voter of the county may challengethe right of any person to register, remain registered or vote in such county.No such challenge may be made after the twenty‑fifth day before eachprimary, general, or special election.
(b) Challenges Shall BeMade to the County Board of Elections. Each challenge shall be madeseparately, in writing, under oath and on forms prescribed by the State Boardof Elections, and shall specify the reasons why the challenged voter is notentitled to register, remain registered, or vote. When a challenge is made, theboard of elections shall cause the word "challenged" to be written inpencil on the registration records of the voter challenged. The challenge shallbe signed by the challenger and shall set forth the challenger's address.
(c) Grounds forChallenge. Such challenge may be made only for one or more of the followingreasons:
(1) That a person is nota resident of the State of North Carolina, or
(2) That a person is nota resident of the county in which the person is registered, provided that nosuch challenge may be made if the person removed his residency and the periodof removal has been less than 30 days, or
(3) That a person is nota resident of the precinct in which the person is registered, provided that nosuch challenge may be made if the person removed his residency and the periodof removal has been less than 30 days, or
(4) That a person is not18 years of age, or if the challenge is made within 60 days before a primary,that the person will not be 18 years of age by the next general election, or
(5) That a person hasbeen adjudged guilty of a felony and is ineligible to vote under G.S. 163‑55(2),or
(8) That a person is nota citizen of the United States, or
(9) With respect tomunicipal registration only, that a person is not a resident of themunicipality in which the person is registered, [or]
(10) That the person isnot who he or she represents himself or herself to be.
(d) PreliminaryHearing. When a challenge is made, the county board of election shallschedule a preliminary hearing on the challenge, and shall take such testimonyunder oath and receive such other evidence proffered by the challenger as maybe offered. The burden of proof shall be on the challenger, and if no testimonyis presented, the board shall dismiss the challenge. If the challenger presentsevidence and if the board finds that probable cause exists that the personchallenged is not qualified to vote, then the board shall schedule a hearing onthe challenge.
(e) Prima FacieEvidence That Voter No Longer Resides in Precinct. The presentation of aletter mailed by returnable first‑class mail to the voter at the addresslisted on the voter registration card and returned because the person does notlive at the address shall constitute prima facie evidence that the person nolonger resides in the precinct. (1901, c. 89, s. 19; Rev., s. 4339; C.S., s. 5972;1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c.793, s. 34; 1979, c. 357, s. 1; 1985, c. 563, ss. 11‑11.2, 11.5; c. 589,s. 60; 1993 (Reg. Sess., 1994), c. 762, s. 25; 2009‑526, s. 1.2; 2009‑541,s. 16.1(a); 2009‑550, s. 11.)
§ 163‑85. Challengeprocedure other than on day of primary or election.
(a) Right to Challenge;When Challenge May Be Made. Any registered voter of the county may challengethe right of any person to register, remain registered or vote in such county.No such challenge may be made after the twenty‑fifth day before eachprimary, general, or special election.
(b) Challenges Shall BeMade to the County Board of Elections. Each challenge shall be madeseparately, in writing, under oath and on forms prescribed by the State Boardof Elections, and shall specify the reasons why the challenged voter is notentitled to register, remain registered, or vote. When a challenge is made, theboard of elections shall cause the word "challenged" to be written inpencil on the registration records of the voter challenged. The challenge shallbe signed by the challenger and shall set forth the challenger's address.
(c) Grounds forChallenge. Such challenge may be made only for one or more of the followingreasons:
(1) That a person is nota resident of the State of North Carolina, or
(2) That a person is nota resident of the county in which the person is registered, provided that nosuch challenge may be made if the person removed his residency and the periodof removal has been less than 30 days, or
(3) That a person is nota resident of the precinct in which the person is registered, provided that nosuch challenge may be made if the person removed his residency and the periodof removal has been less than 30 days, or
(4) That a person is not18 years of age, or if the challenge is made within 60 days before a primary,that the person will not be 18 years of age by the next general election, or
(5) That a person hasbeen adjudged guilty of a felony and is ineligible to vote under G.S. 163‑55(2),or
(8) That a person is nota citizen of the United States, or
(9) With respect tomunicipal registration only, that a person is not a resident of themunicipality in which the person is registered, [or]
(10) That the person isnot who he or she represents himself or herself to be.
(d) PreliminaryHearing. When a challenge is made, the county board of election shallschedule a preliminary hearing on the challenge, and shall take such testimonyunder oath and receive such other evidence proffered by the challenger as maybe offered. The burden of proof shall be on the challenger, and if no testimonyis presented, the board shall dismiss the challenge. If the challenger presentsevidence and if the board finds that probable cause exists that the personchallenged is not qualified to vote, then the board shall schedule a hearing onthe challenge.
(e) Prima FacieEvidence That Voter No Longer Resides in Precinct. The presentation of aletter mailed by returnable first‑class mail to the voter at the addresslisted on the voter registration card and returned because the person does notlive at the address shall constitute prima facie evidence that the person nolonger resides in the precinct. (1901, c. 89, s. 19; Rev., s. 4339; C.S., s. 5972;1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c.793, s. 34; 1979, c. 357, s. 1; 1985, c. 563, ss. 11‑11.2, 11.5; c. 589,s. 60; 1993 (Reg. Sess., 1994), c. 762, s. 25; 2009‑526, s. 1.2; 2009‑541,s. 16.1(a); 2009‑550, s. 11.)
