Current through Register Vol. 38, No. 18, March 15, 2024
(a) An election
official shall check the registration status of all persons presenting to vote
in-person on election day or during one-stop early voting pursuant to
G.S.
163-166.7, and shall require that all persons
presenting to vote provide one of the forms of photo identification listed in
G.S.
163-166.13(e), subject to
the exceptions outlined in Paragraph (b) of this Rule. If a person not
satisfying the exceptions described in Paragraph (b) of this Rule does not
provide any photo identification, the election official shall inform the person
presenting to vote of applicable options specified in
G.S.
163-166.13(c). If the person
presenting to vote wishes to choose the option of voting a provisional ballot,
the election official shall provide the person presenting to vote with
information on the provisional voting process and the address of the county
board of elections office.
(b) The
election official shall not require photo identification of a person who has a
sincerely held religious objection to being photographed and meets the
requirements of
G.S.
163-166.13(a)(2), or who is
the victim of a natural disaster and meets the requirements of
G.S.
163-166.13(a)(3). Persons
falling within any exception listed in this Paragraph shall be allowed to
proceed pursuant to
G.S.
163-166.7.
(c) The election official shall inspect any
photo identification provided by the person presenting to vote and shall
determine the following:
(1) That the photo
identification is of the type acceptable for voting purposes pursuant to
G.S.
163-166.13(e). A valid
United States passport book or a valid United States passport card is
acceptable pursuant to
G.S.
163-166.13(e)(3);
(2) That the photo identification is
unexpired or is otherwise acceptable pursuant to
G.S.
163-166.13(e);
(3) That the photograph appearing on the
photo identification depicts the person presenting to vote. The election
official shall make this determination based on the totality of the
circumstances, construing all evidence, along with any explanation or
documentation voluntarily proffered by the person presenting to vote, in the
light most favorable to that person. Perceived differences of the following
features shall not be grounds for the election official to find that the
photograph appearing on the photo identification fails to depict the person
presenting to vote:
(A) weight;
(B) hair features and styling, including
changes in length, color, hairline, or use of a wig or other
hairpiece;
(C) facial
hair;
(D) complexion or skin
tone;
(E) cosmetics or
tattooing;
(F) apparel, including
the presence or absence of eyeglasses or contact lenses;
(G) characteristics arising from a
perceptible medical condition, disability, or aging;
(H) photographic lighting conditions or
printing quality; and
(4) That the name appearing on the photo
identification is the same or substantially equivalent to the name contained in
the registration record. The election official shall make this determination
based on the totality of the circumstances, construing all evidence, along with
any explanation or documentation voluntarily proffered by the person presenting
to vote, in the light most favorable to that person. The name appearing on the
photo identification shall be considered substantially equivalent to the name
contained in the registration record if differences are attributable to a
reasonable explanation or one or more of the following reasons:
(A) Omission of one or more parts of the name
(such as, for illustrative purposes only, Mary Beth Smith versus Beth Smith, or
Patrick Todd Jackson, Jr. versus Patrick Todd Jackson, or Maria Guzman-Santana
versus Maria Guzman);
(B) Use of a
variation or nickname rather than a formal name (such as, for illustrative
purposes only, Bill versus William, or Sue versus Susanne);
(C) Use of an initial in place of one or more
parts of a given name (such as, for illustrative purposes only, A.B. Sanchez
versus Aaron B. Sanchez);
(D) Use
of a former name, including maiden names (such as, for illustrative purposes
only, Emily Jones versus Emily Gibson), or a variation that includes or omits a
hyphenation (such as, for illustrative purposes only, Chantell D.
Jacobson-Smith versus Chantell D. Jacobson);
(E) Ordering of names (such as, for
illustrative purposes only, Maria Eva Garcia Lopez versus Maria E.
Lopez-Garcia);
(F) Variation in
spelling or typographical errors (such as, for illustrative purposes only,
Dennis McCarthy versus Denis McCarthy, or Aarav Robertson versus Aarav
Robertsson).
(d) The election official shall not require
any additional evidence outside the four corners of the photo identification.
The election official shall not require that any person remove apparel for the
purposes of rendering a determination under Paragraph (c). If the face of the
person presenting to vote is covered such that the election official cannot
render a determination under Subparagraph (c)(3), then the election official
shall give the person the opportunity to remove the covering but shall not
require that removal. If the person declines to remove the covering, the
election official shall inform the person presenting to vote that he or she may
cast a provisional ballot, which shall be counted in accordance with
G.S.
163-182.1A, or, if applicable, may complete a
written request for an absentee ballot as set out in
G.S.
163-166.13(c)(3), and shall
inform the voting site's judges of election that the election official cannot
affirmatively determine that the person bears any reasonable resemblance to the
photo identification.
(e)
Differences between the address appearing on the photo identification meeting
the requirements of Subparagraph (c)(1) and the address contained in the
registration record shall not be construed as evidence that the photographic
identification does not bear any reasonable resemblance pursuant to
Subparagraphs (c)(3) and (c)(4) of this Rule, nor shall it be construed as
evidence that the photographic identification does not otherwise meet the
requirements of any other provision of Paragraph (C).
(f) The election official shall construe all
evidence, along with any explanation or documentation voluntarily proffered by
the person presenting to vote, in the light most favorable to that person.
After an examination performed in the manner set out in Paragraphs (a) through
(d) of this Rule, the election official shall proceed as follows:
(1) If the election official determines that
the photo identification meets all the requirements of Paragraph (c), then the
person presenting to vote shall be allowed to proceed pursuant to
G.S.
163-166.7 and
163-166.13(b);
or
(2) If the election official
determines that the photo identification does not meet all of the requirements
of Subparagraphs (c)(1) and (c)(2), the election official shall inform the
person presenting to vote of the reasons for such determination (such as, for
illustrative purposes only, that the photo identification is expired) and shall
invite the person to provide any other acceptable photo identification that he
or she may have. If the person presenting to vote does not produce photo
identification that meets all the requirements of Subparagraph (c)(1) and
(c)(2), then the election official shall inform the person presenting to vote
of applicable options specified in
G.S.
163-166.13(c). If the person
presenting to vote wishes to choose the option of voting a provisional ballot,
the election official shall provide the person presenting to vote with
information on the provisional voting process and the address of the county
board of elections office.
(3) If
the election official determines that the photo identification does not meet
all the requirements of Subparagraphs (c)(3) and (c)(4), the election official
shall notify the voting site's judges of election that the person presenting to
vote does not bear any reasonable resemblance to the photo
identification.
Authority
G.S.
163-82.6A;
163-82.15;
163-166.7; NAACP v. McCrory, 831
F.3d 204 (4th Cir. 2016); 163A-1145.1; S.L.
2018-144, s. 3.1(e);
Eff. January 1, 2016;
Temporary
Amendment Eff. August 23, 2019;
Temporary Amendment Expired Eff.
June 12, 2020.
