Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 4 - Voting with Acceptable Photographic Identification › Rule 1-16-4.1 - Election Official Determination of Acceptable Photographic Identification

Current through June 25, 2024
A. Each qualified
				elector, who is not exempt from these requirements and who appears to vote in
				person by absentee ballot in the Registrar's Office or Municipal Clerk's
				Office, or at his or her polling place on an election day, must identify
				himself or herself by presenting Acceptable Photographic Identification as
				defined by Rule
				1.1(A) before the
				elector may cast his or her ballot and vote.
B. The election official shall verify:
1. The presented document is Acceptable
				Photographic Identification as defined by Rule
				1.1(A),
2. The photograph on the Acceptable
				Photographic Identification "fairly depicts" the elector,
a. If the election official is unable to
				determine whether the elector is the person depicted in the Acceptable
				Photographic Identification, or affirmatively determines the elector is not the
				person depicted in the Acceptable Photographic Identification, the election
				official shall confer with the poll manager designated as the Bailiff, if the
				elector is voting in person in the polling place on an election day, or a
				second election official, if the elector is voting by absentee ballot in the
				Registrar's office or Municipal Clerk's Office.
b. If the Bailiff, or second election
				official, is likewise unable to determine whether the elector is the person
				depicted in the Acceptable Photographic Identification, or affirmatively
				determines the elector is not the person depicted in the Acceptable
				Photographic Identification, the elector shall be entitled to vote by affidavit
				ballot.
c. If the Bailiff, or the
				second election official, is able to determine the elector is the person
				depicted in the Acceptable Photographic Identification, the elector shall be
				entitled to cast his or her ballot.
3. The elector's name as it appears on the
				Acceptable Photographic Identification is "substantially similar" to the
				elector's name as it appears on the poll book.
a. An elector's name on the Acceptable
				Photographic Identification is "substantially similar" to the name on the poll
				book if one or more of the following circumstances are present:
i. The name on the Acceptable Photographic
				Identification is slightly different from the name as it appears on the poll
				book;
ii. The name on the
				Acceptable Photographic Identification, or on the poll book, is a customary
				variation or abbreviation of the formal name such as, for purposes of
				illustration only, "Bill" or "Wm." for "William", or "Pam" for
				"Pamela";
iii. The name on the
				Acceptable Photographic Identification includes an initial, or a middle name
				that does not appear on the poll book, or vice versa, such as, for purposes of
				illustration only, "James W. Smith" or "James Wilson Smith"; or
iv. A first name, middle name, former name,
				maiden name or initial of the elector's name appears in a different order on
				the Acceptable Photographic Identification than the name appears on poll book,
				such as, for purposes of illustration only, "Alice Elizabeth Roberts" for
				"Elizabeth Alice Roberts".
b. If the elector's middle or last name on
				the Acceptable Photographic Identification is different from his or her middle
				or last name as it appears on the poll book due to marriage, divorce, or
				hyphenation, the elector shall be entitled to cast his or her ballot if:
i. A part of the name, the address or the
				date of birth (if provided) on the Acceptable Photographic Identification
				matches a part of the name, the address or the date of birth of the elector on
				the poll book; and
ii. The
				photograph on the Acceptable Photographic Identification "fairly depicts" the
				elector.
c. If the
				election official is unable to determine whether the elector's name, as it
				appears on the Acceptable Photographic Identification, is "substantially
				similar" to the name as it appears on the poll book the election official shall
				confer with the poll manager designated as the Bailiff, if the elector is
				voting in person in the polling place on an election day, or a second election
				official, if the elector is voting by absentee ballot in the Registrar's office
				or Municipal Clerk's Office.
d. If
				the Bailiff, or second election official, is likewise unable to determine
				whether the elector's name, as it appears on the Acceptable Photographic
				Identification, is "substantially similar" to the name as it appears on the
				poll book, the elector shall be entitled to vote by affidavit ballot.
e. If the Bailiff, or second election
				official, is able to determine the elector's name, as it appears on the
				Acceptable Photographic Identification, is "substantially similar" to the name
				as it appears on the poll book, the elector shall be entitled to cast his or
				her ballot.
f. If the election
				officials determine, pursuant to Rules
				4.1(B)(1)-(3), that the
				identification presented by the elector is Acceptable Photographic
				Identification, "fairly depicts" the elector, and contains the name of the
				elector that is "substantially similar" to the name as it appears on the poll
				book, the elector shall be entitled to cast his or her ballot.
g. If the election officials determine,
				pursuant to Rules
				4.1(B)(1)-(3), that the
				identification presented by the elector is not Acceptable Photographic
				Identification, does not "fairly depict" the elector, or does not contain the
				name of the elector that is "substantially similar" to the name as it appears
				on the poll book, the elector shall be entitled to vote by affidavit ballot
				pursuant to Miss. Code Ann. Section
				23-15-573.