§163-166.14. (Effective January 1, 2016 - see note) Evaluation of determination of nonreasonable resemblance of photo identification

(a)        Any local election official that determines the photo identification presented by a voter in accordance with G.S. 163-166.13 does not bear any reasonable resemblance to that voter shall notify the judges of election of the determination.

(b)        When notified under subsection (a) of this section, the judges of election present shall review the photo identification presented and the voter to determine if the photo identification bears any reasonable resemblance to that voter. The judges of election present may consider information presented by the voter in addition to the photo identification and shall construe all evidence presented in a light most favorable to the voter.

(c)        A voter subject to subsections (a) and (b) of this section shall be permitted to vote unless the judges of election present unanimously agree that the photo identification presented does not bear any reasonable resemblance to that voter. The failure of the judges of election present to unanimously agree that photo identification presented by a voter does not bear any reasonable resemblance to that voter shall be dispositive of any challenges that may otherwise be made under G.S. 163-85(c)(10).

(d)        A voter subject to subsections (a) and (b) of this section shall be permitted to vote a provisional ballot in accordance with G.S. 163-88.1 if the judges of election present unanimously agree that the photo identification presented does not bear any reasonable resemblance to that voter.

(e)        At any time a voter presents photo identification to a local election official other than on election day, the county board of elections shall have available to the local election official judges of election for the review required under subsection (b) of this section, appointed with the same qualifications as is in Article 5 of this Chapter, except that the individuals may (i) reside anywhere in the county or (ii) be an employee of the county or the State. Neither the local election official nor the judges of election may be a county board member. The county board is not required to have the same judges of election available throughout the time period a voter may present photo identification other than on election day but shall have at least two judges, who are not of the same political party affiliation, available at all times during that period.

(f)         Any local or State employee appointed to serve as a judge of election may hold that office in addition to the number permitted by G.S. 128-1.1.

(g)        The county board of elections shall cause to be made a record of all voters subject to subsection (c) of this section. The record shall include all of the following:

(1)        The name and address of the voter.

(2)        The name of the local election official under subsection (a) of this section.

(3)        The names and a record of how each judge of election voted under subsection (b) of this section.

(4)        The date of the determinations under subsections (a) and (b) of this section.

(5)        A brief description of the photo identification presented by the voter.

(h)        For purposes of this section, the term "judges of election" shall have the following meanings:

(1)        On election day, the chief judge and judges of election as appointed under Article 5 of this Chapter.

(2)        Any time other than on election day, the individuals appointed under subsection (e) of this section.

(i)         The State Board shall adopt rules for the administration of this section.

(2013-381, s. 2.2; 2014-111, s. 6.)