North Carolina § 163-85 - Challenge procedure other than on day of primary or election.

§ 163-85. Challenge procedure other than on day of primary or election.

Right to Challenge; When Challenge May Be Made. - Any registered voter of the county may challenge the 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 each primary, general, or special election. Challenges Shall Be Made to the County Board of Elections. - Each challenge shall be made separately, in writing, under oath and on forms prescribed by the State Board of Elections, and shall specify the reasons why the challenged voter is not entitled to register, remain registered, or vote. When a challenge is made, the board of elections shall cause the word "challenged" to be written in pencil on the registration records of the voter challenged. The challenge shall be signed by the challenger and shall set forth the challenger's address. Grounds for Challenge. - Such challenge may be made only for one or more of the following reasons: That a person is not a resident of the State of North Carolina, or That a person is not a resident of the county in which the person is registered, provided that no such challenge may be made if the person removed his residency and the period of removal has been less than 30 days, or That a person is not a resident of the precinct in which the person is registered, provided that no such challenge may be made if the person removed his residency and the period of removal has been less than 30 days, or That a person is not 18 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 That a person has been adjudged guilty of a felony and is ineligible to vote under G.S. 163-55(2), or That a person is dead, or That a person is not a citizen of the United States, or With respect to municipal registration only, that a person is not a resident of the municipality in which the person is registered, or That the person is not who he or she represents himself or herself to be. Preliminary Hearing. - When a challenge is made, the county board of election shall schedule a preliminary hearing on the challenge, and shall take such testimony under oath and receive such other evidence proffered by the challenger as may be offered. The burden of proof shall be on the challenger, and if no testimony is presented, the board shall dismiss the challenge. If the challenger presents evidence and if the board finds that probable cause exists that the person challenged is not qualified to vote, then the board shall schedule a hearing on the challenge. Prima Facie Evidence That Voter No Longer Resides in Precinct. - The presentation of a letter mailed by returnable first-class mail to the voter at the address listed on the voter registration card and returned because the person does not live at the address shall constitute prima facie evidence that the person no longer resides in the precinct. History (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; 2010-96, s. 18; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-911 by Session Laws 2017-6, s. 3. Former G.S. 163A-911 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2009-526, s. 1.2, amended G.S. 163-85(c)(10) , as enacted by House Bill 908 of the 2009 General Assembly, contingent on that act becoming law. House Bill 908 was enacted as Session Laws 2009-541. Session Laws 2009-550, s. 11, amended G.S. 163-85(c)(10) , as enacted by House Bill 908 of the 2009 General Assembly, contingent on that act becoming law. House Bill 908 was enacted as Session Laws 2009-541. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2009-526, s. 1.2, effective August 26, 2009, in subdivision (c)(10), deleted "presenting himself to vote" following "person" and made gender neutral changes. Session Laws 2009-541, s. 16.1(a), effective August 28, 2009, added subdivision (c)(10). Session Laws 2009-550, s. 11, effective August 28, 2009, in subdivision (c)(10), deleted "presenting himself to vote" following "person" and made gender neutral changes. Session Laws 2010-96, s. 18, effective July 20, 2010, in subdivisions (c)(7a) and (c)(9), added "or" at the end. Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).