North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 17 - PHOTO IDENTIFICATION › Section 17 .0101 - VERIFICATION OF PHOTO IDENTIFICATION DURING IN-PERSON VOTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a person presenting to vote checks
			 in at a voting site, an election official shall ask the voter to show photo
			 identification in accordance with G.S. 163-166.16 and this Rule. The election
			 official shall examine any photo identification provided by the person
			 presenting to vote and shall determine the following:
(1) The photo identification is of the type
			 acceptable for voting purposes pursuant to G.S. 163-166.16(a). A valid United
			 States passport book or passport card is acceptable pursuant to G.S.
			 163-166.16(a)(1)c.
(2) The
			 photograph appearing on the photo identification bears a reasonable resemblance
			 to the person presenting to vote. A reasonable resemblance is a similarity in
			 appearance such that an ordinary person would conclude that the photograph on
			 the identification is more likely than not the person presenting to vote. The
			 election official shall make this determination based on the totality of the
			 circumstances, bearing in mind that there are many reasons that a person's
			 appearance could change (such as, for illustrative purposes only, changes in
			 hair, facial hair, or weight; or the effects of medical conditions, aging, or
			 medical treatment). The election official shall also be guided by the purpose
			 of the photo identification requirement, which is to confirm the person
			 presenting to vote is the registered voter on the voter registration
			 records.
(3) The name appearing on
			 the photo identification is the same as or substantially equivalent to the name
			 contained in the voter's voter 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 offered
			 by the person presenting to vote, in the light most favorable to that person.
			 The election official shall consider the name appearing on the photo
			 identification to be substantially equivalent to the name contained in the
			 registration record if differences are attributable to a reasonable
			 explanation, which shall include but is not limited to one or more of the
			 following reasons:
(A) Omission or inclusion
			 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 or hyphen (such as, for illustrative purposes only, Chantell D.
			 Jacobson- Smith versus Chantell D. Jacobson or Chantell D. Jacobson Smith), an
			 accent (such as, for illustrative purposes only, José Muñoz
			 versus Jose Munoz), or an apostrophe (such as, for illustrative purposes only,
			 Andrea D'Antonio versus Andrea Dantonio);
(E) Ordering of names (such as, for
			 illustrative purposes only, Maria Eva Garcia Lopez versus Maria E. Lopez-
			 Garcia); or
(F) Variation in
			 spelling or typographical errors (such as, for illustrative purposes only,
			 Dennis McCarthy versus Denis McCarthy, or Aarav Robertson versus Aarav
			 Robertsson).
If a voter is casting a provisional ballot because the voter's
				record does not appear in the poll book, the election official shall instead
				compare the name on the photo identification with the name provided by the
				voter on the provisional ballot application.