North Carolina Administrative Code
Title 08 - ELECTIONS
Chapter 17 - PHOTO IDENTIFICATION
Section 17 .0105 - DECLARATION OF RELIGIOUS OBJECTION TO PHOTOGRAPH

Universal Citation: 08 NC Admin Code 17 .0105

Current through Register Vol. 38, No. 18, March 15, 2024

(a) Declaration form: Every county board of elections shall have available a Declaration of Religious Objection to Photograph form, as prescribed by the State Board of Elections. This form shall contain:

(1) The voter's name, address, current county, and voter registration number;

(2) The following declaration: "I, [voter's name], have a sincerely-held religious objection to being photographed. My voter registration will be identified as excepted from the photo identification requirements associated with in-person voting beginning in 2016. This declaration will be effective for all future elections at least 25 days from the date of this declaration being received by my local County Board of Elections, or, if I have already cast a provisional ballot for an election, at the time I make this declaration and provide one of the documents listed in G.S. 163-166.12(a)(2) to the County Board of Elections. I understand that if at some time in the future I no longer hold such religious objection to being photographed, I may request a cancellation of this declaration with my local County Board of Elections. I understand that a false or fraudulent declaration is a Class I felony."; and

(3) The voter's dated signature.

(b) A signed declaration form as allowed under G.S. 163-166.13(a)(2) shall be effective for all elections going forward held in the State that are held at least 25 days from the date of the completed declaration being made, or until the voter cancels the declaration. A signed declaration form as allowed under G.S. 163-182.1A(b) will be effective for the election for which the declaration was made and all elections going forward held in the State, or until the voter cancels the declaration.

(c) The voter may cancel the declaration at any time by submitting a written statement, signed and dated, to the county board of elections.

(d) Upon moving to a new county in the State of North Carolina, a voter who has completed a declaration that is still in effect shall continue to be excepted from the photo identification requirements associated with in-person voting.

(e) Upon receiving a completed declaration form that is received at least 25 days prior to the next election, or receiving a new voter registration for a voter that has completed a still-current declaration from another county, the county board of elections shall identify the voter as excepted from the photo identification requirements set out in G.S. 163-166.13(a)(2), so that the voter is identified as such in all voter registration lists and pollbooks associated with in-person voting.

Authority NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016); S.L. 2018-144, s. 3.1.(a),(e), (h);
Eff. January 1, 2016;
Temporary Repeal Eff. August 23, 2019;
Temporary Repeal Expired Eff. June 12, 2020.

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