§163-127.5. Burden of proof

(a)        The burden of proof shall be upon the candidate, who must show by a preponderance of the evidence of the record as a whole that he or she is qualified to be a candidate for the office.

(b)        If the challenge is based upon a question of residency, the candidate must show all of the following:

(1)        An actual abandonment of the first domicile, coupled with an intent not to return to the first domicile.

(2)        The acquisition of a new domicile by actual residence at another place.

(3)        The intent of making the newer domicile a permanent domicile.

(2006-155, s. 1.)