North Carolina Administrative Code › Title 08 - ELECTIONS › Chapter 17 - PHOTO IDENTIFICATION › Section 17 .0109 - PHOTO IDENTIFICATION FOR ABSENTEE-BY-MAIL BALLOTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
			 Identification Requirement for Absentee-by-Mail Ballots. Photo identification
			 accompanying a voter's absentee ballot pursuant to G.S. 163-230.1(f1) is
			 acceptable if it is a photocopy of a type of photo identification acceptable
			 for voting purposes under 08 NCAC 17 .0101(a)(1), is readable, and the name
			 appearing on the identification is the same as or substantially equivalent to
			 the name contained in the voter's voter registration record in accordance with
			 08 NCAC 17 .0101(a)(3). As used in this Rule, "readable" means that, on the
			 photocopy of identification required by this Rule, the name on the
			 identification can be read and the photograph depicts a person, as opposed to
			 displaying, for example, a mere shadow or outline of a person. A photo
			 identification shall not be rejected due to differences between the address
			 appearing on an absentee voter's photo identification and any address contained
			 in the voter's absentee request form, absentee ballot application, or
			 registration record. A copy of photo identification that is acceptable under
			 this Rule need include only the side of the identification (or, if the
			 identification is a booklet, the page of the identification) where the person's
			 name and photo appears.
(b) Initial
			 Review by County Board Staff. County board staff shall, upon receipt of a
			 voter's absentee ballot application, determine whether the application is
			 accompanied by a photocopy of photo identification that is acceptable under
			 Paragraph (a) of this Rule, or, if the application is accompanied by an
			 affidavit claiming an exception to the identification requirement pursuant to
			 G.S. 163-166.16(d), determine whether the affidavit includes the affirmations
			 required by G.S. 163-166.16(d) for that exception and, if applicable, the
			 personal identification number required to be provided by G.S. 163-230.1(g)(2).
			 Staff shall review the registration records to determine whether the number
			 provided matches the corresponding number in the registration records. The
			 number required to be provided by G.S. 163-230.1(g)(2) is deficient only if it
			 does not match the corresponding number listed in the voter's voter
			 registration record. If staff identify any deficiency, they shall mail written
			 notice of the deficiency to the voter within one business day of identifying
			 the deficiency, informing the voter that the voter, the voter's verifiable
			 legal guardian or near relative, or a person of the voter's choice if the voter
			 needs assistance due to the voter's disability, may provide a photocopy of the
			 voter's acceptable photo identification or a completed affidavit claiming an
			 exception. The notice shall state the photocopy or affidavit must be received
			 by the county board by 5 p.m. on the business day before the county canvass.
			 The notice of the deficiency shall also be provided by telephone or email if
			 the telephone number or email address was provided by the voter on the request
			 form for the absentee ballot. The voter may transmit either of the above
			 documentation curing the deficiency in person, by mail, or by email.
(c) Final Review by County Board. The county
			 board shall, at the first meeting held pursuant to G.S. 163-230.1(f) after the
			 application and ballot is received, proceed as follows:
(1) If the voter has submitted a photocopy of
			 their photo identification, the county board shall make its determination
			 whether the identification is acceptable under Paragraph (a) of this Rule. A
			 final determination that the photocopy of photo identification is not
			 acceptable under Paragraph (a) of this Rule shall require a unanimous vote by
			 the county board. If the county board makes a final determination that a
			 voter's photocopy of photo identification is not acceptable, staff shall notify
			 the voter as provided in Paragraph (b) of this Rule, and the county board shall
			 reserve its final decision on the approval of the absentee application until
			 the next official meeting after it receives documentation curing the deficiency
			 or the county canvass, whichever occurs first.
(2) If the voter has completed an affidavit
			 claiming an exception to the identification requirement pursuant to G.S.
			 163-166.16(d) and is otherwise eligible to vote, the county board may reject
			 that person's ballot only if the county board unanimously finds that the
			 affidavit is false. The county board shall substantiate any finding of falsity
			 with grounds recorded in a written decision, and those grounds shall be based
			 only on facts and not speculation. Before rejecting a voter's ballot because of
			 a finding of falsity, the county board shall provide the voter advance notice
			 and an opportunity to address the county board prior to the completion of
			 canvass on any grounds that the county board is considering regarding the
			 falsity of the affidavit. The notice shall identify the specific reasons the
			 county board is considering the affidavit to be potentially false and inform
			 the voter how the voter may address the reasons for potential falsity, which
			 shall include the options to provide a written explanation or documentation or
			 to address the board at a meeting in person. The county board shall send the
			 notice via U.S. Mail within one business day of a county board's preliminary
			 finding of falsity, provided that the opportunity to be heard is at least five
			 days from the date of mailing. The notice shall be mailed for next-day delivery
			 if the opportunity to be heard is less than five days from the date of mailing.
			 Notice shall also be provided within one business day of a county board's
			 preliminary finding of falsity by any email address or phone number that the
			 county board possesses for the voter. The notice and opportunity to address the
			 county board provided for in this Subparagraph shall be offered only to those
			 voters for whom a number of county board members equal to one less than all of
			 the members of the county board, or more, have identified a specific reason,
			 based only on facts and not speculation, to find that the affidavit claiming an
			 exception to the identification requirement is false.
(3) If a voter's photocopy of photo
			 identification or affidavit claiming an exception to the identification
			 requirement pursuant to G.S. 163-166.16(d) is deemed deficient upon initial
			 review under Paragraph (b) of this Rule, the county board shall reserve its
			 final decision on the approval of the absentee application until the next
			 official meeting after it receives documentation curing the deficiency
			 identified pursuant to Paragraph (b) of this Rule or the county canvass,
			 whichever occurs first.