North Carolina Administrative Code
Title 08 - ELECTIONS
Chapter 17 - PHOTO IDENTIFICATION
Section 17 .0102 - DETERMINATION OF REASONABLE RESEMBLANCE BY JUDGES OF ELECTION
Current through Register Vol. 38, No. 18, March 15, 2024
(a) The judges of election shall make a determination as to reasonable resemblance pursuant to G.S. 163-166.14 only if the person presenting to vote is referred to them by an election official as set out in 08 NCAC 17 .0101(f)(3).
(b) The judges of election shall inspect the photo identification provided by the person presenting to vote and shall make a determination as to all requirements set out in 08 NCAC 17 .0101(c)(3) and (4). The judges of election shall make their determinations based on the totality of the circumstances, construing all evidence in the light most favorable to the person presenting to vote. The judges of election shall consider the following, if presented:
(c) The judges of election shall follow 08 NCAC 17 .0101(e) with regard to addresses appearing on the photo identification.
(d) After considering the evidence, the judges of election shall vote to determine whether the photo identification bears any reasonable resemblance to the person presenting to vote. All judges of election must vote either yea or nay, and the result shall be governed by the following:
(e) The judges of election shall record their determination as to reasonable resemblance on a form provided by the State Board of Elections that provides the date and time, the voting site, the names of the judges of election, the name of the person presenting to vote, and the determination of each individual judge of election.
Authority
G.S.
163-166.7;
163-82.6A;
163-82.15;
163-88.1;
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.