GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1302

Short Title:  Residence for Registration.	(Public)
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Sponsors: Representative Redwine.
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Referred to:  Judiciary.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE QUESTION OF RESIDENCE FOR THE PURPOSE OF VOTER REGISTRATION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-57 reads as rewritten:
"§ 163-57. Residence defined for registration and voting.
All registrars and judges, in determining the residence of a person offering to register or vote, shall be governed by the following rules, so far as they may apply:
	(1a)	For the purposes of this Chapter, residence and domicile are synonymous. They are that place to which a person intends to return when absent therefrom and the place where that person intends to remain permanently, or for an indefinite length of time, or until some unexpected event shall occur to induce him to leave.
(2)	A person shall not be considered to have lost his residence who leaves his home and goes into another state or county of this State, for temporary purposes only, with the intention of returning.
(3)	A person shall not be considered to have gained a residence in any county of this State, into which he comes for temporary purposes only, without the intention of making such county his permanent place of abode.
(4)	If a person removes to another state or county within this State, with the intention of making such state or county his permanent residence, he shall be considered to have lost his residence in the state or county from which he has removed.
(5)	If a person removes to another state or county within this State, with the intention of remaining there an indefinite time and making such state or county his place of residence, he shall be considered to have lost his place of residence in this State or the county from which he has removed, notwithstanding he may entertain an intention to return at some future time.
(6)	If a person goes into another state or county, or into the District of Columbia, and while there exercises the right of a citizen by voting in an election, he shall be considered to have lost his residence in this State or county.
(7)	School teachers who remove to a county for the purpose of teaching in the schools of that county temporarily and with the intention or expectation of returning during vacation periods to live in the county in which their parents or other relatives reside, and who do not have the intention of becoming residents of the county to which they have moved to teach, for purposes of registration and voting shall be considered residents of the county in which their parents or other relatives reside.
(8)	If a person removes to the District of Columbia or other federal territory to engage in the government service, he shall not be considered to have lost his residence in this State during the period of such service unless he votes there, and the place at which he resided at the time of his removal shall be considered and held to be his place of residence.
(9)	If a person removes to a county to engage in the service of the State government, he shall not be considered to have lost his residence in the county from which he removed, unless he demonstrates a contrary intention.
(10)	For the purpose of voting a spouse shall be eligible to establish a separate domicile."
Sec. 2. G.S. 163-85 reads as rewritten:
"§ 163-85. Challenge procedure other than on day of primary or election.
(a)	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 close of the registration books, pursuant to G.S. 163-67, before each primary, general, or special election.
(b)	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.
(c)	Grounds for Challenge. – Such challenge may be made only for one or more of the following reasons:
(1)	That a person is not a resident of the State of North Carolina, or
(2)	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
(3)	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
(4)	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
(5)	That a person has been adjudged guilty of a felony and is ineligible to vote under G.S. 163-55(2), or
(6),	(7) Repealed by Session Laws 1985, c. 563, ss. 11.1, 11.2, effective September 1, 1985.
(7a)	That a person is dead,
(8)	That a person is not a citizen of the United States, or
(9)	With respect to municipal registration only, that a person is not a resident of the municipality in which the person is registered.
(d)	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.
(e)	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. The fact that a person who has been registered in the precinct for more than a year has not maintained a general physical presence in the precinct for a period of at least seven months immediately prior to a challenge shall also constitute prima facie evidence that the person does not reside in the precinct."
Sec. 3. This act is effective upon ratification.