1 MAC Pt. 16, R. 4.1
Election Official Determination of Acceptable Photographic Identification
Cite as 1 Miss. Admin. Code Pt. 16, R. 4.1
Election Official Determination of Acceptable Photographic Identification.
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.