08 NCAC 17 .0102             DETERMINATION OF REASONABLE RESEMBLANCE BY JUDGES OF ELECTION

(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:

(1)           Any information contained in the photo identification meeting the requirements of 08 NCAC 17 .0101(c)(1) and the registration record (such as, for illustrative purposes only, date of birth, sex, or race);

(2)           Any explanation proffered by the person presenting to vote or by other persons; and

(3)           Any additional documentation provided by the person presenting to vote or by other persons.

(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:

(1)           Unless the judges of election unanimously find that the photo identification does not bear any reasonable resemblance to the person appearing before them as set out in Subparagraph (e)(2), the person presenting to vote shall be allowed to proceed pursuant to G.S. 163-166.7 and 163-166.13(b).

(2)           If the judges of election unanimously find that the photo identification does not meet all the requirements of 08 NCAC 17 .0101(c)(3) and (4), the judges of election shall enter a determination that the photo identification does not bear any reasonable resemblance to the person presenting to vote, and shall record their determinations in the manner set out in Paragraph (e) of this Rule. The judges of election 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. 163-88.1.

(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.

 

History Note:        Authority G.S. 163-166.7; 163-82.6A; 163-82.15; 163-88.1; 163-166.7; 163-166.13; 163-166.14;

Eff. January 1, 2016.