Agenda - 08-24-2005- - Laserfiche WebLink

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HOW IS A RESIDENT IN A DISTRICT DEFINED? This question has two responses. First, residence for registration to vote and for voting is defined in N.C. Gen. Stat. § 163 -5T A copy of that statute and other relevant statutes follow. Second, residence for 'running for election" is the same. That is, to be eligible to run for election in North Carolina one must be qualified to register and to vote in the election district that comprises the office sought. The determination about whether one is a resident for registration and voting purposes is made by local election officials under the supervision of the local board of elections.. In the case of determining residence for the elective office of county commissioners, the determination is also made by the local election officials under the supervision of the local board of elections. In both instances the inquiry is a factual one and is determined by the evidence presented to election officials, including whatever evidence there is of "surrounding circumstances and the conduct of the person" registering or running for office. See Lloyd v. Babb; 296 N.C, 416, 251 S.E.2d 843 (1979); Hall v. Wake County Board of Elections, 280 N.C. 600, 187 S.E.2d 52 (1972). (The Lloyd v Babb Supreme Court decision involved an unsuccessful challenge to the Orange County Board of Elections methods and procedures used to register college, typically UNC, students.) In its voter registration process, the Orange County Board of Elections relies on, along with other pertinent evidence, the Registration Application/Update Form, a copy of which follows, which Form includes the attestation raider penalty of perjury that is in the lower right hand comer of the Form. When a board of county commissioners is structured to include electoral districts, a person must "reside in the district" to represent that district. N.C. Gen. Stat. § 153A -58. Article lsg. F: \Lisa \orangecounty \Response to questions raised at May 5 BOCC mtg.doc