Kan. Admin. Regs. § 7-46-2 - Election board worker assessment of validity of photographic identification documents
Current through Register Vol. 40, No. 39, September 30, 2021
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7-46-2. Election board worker assessment of validity of photographic identification documents. (a) Each election board worker to whom a photographic identification document is presented by a voter shall assess the sufficiency and validity of that document as follows:
(1) The election board worker shall perform the following:
(A) Verify that the name on the photographic identification document is consistent with the name on the poll book;
(B) allow for abbreviations and nicknames, including "Wm." or "Bill" for "William";
(C) if the name of the voter is consistent with the name in the poll book, proceed to paragraph (a)(2); and
(D) if the voter's name is different from the name in the poll book or the name as stated by the voter due to marriage, divorce, hyphenation, or legal action, issue the voter a provisional ballot on the condition that the voter first completes an application for voter registration.
(2) The election board worker shall compare the photograph to the voter to determine whether the voter is the person depicted in the photograph, considering hair color, glasses, facial hair, cosmetics, weight, age, injury to the voter, and other physical characteristics.
(A) If the election board worker is satisfied that the voter is the person depicted in the photographic identification document and the voter's name is consistent with the name in the poll book, then the election board worker shall issue the voter a regular ballot.
(B) If the election board worker is unable to determine whether the voter is the person depicted in the photographic identification document because of degradation or insufficient photograph quality, then the election board worker shall issue a regular ballot to the voter if one of the following conditions is met:
(i) The voter's date of birth on the presented photographic identification document matches the voter's date of birth in the poll book.
(ii) The voter submits a different photographic identification document that contains a photograph that appears to the election board worker to depict the voter.
(iii) An election board worker at the polling place possesses knowledge that the person depicted in the photographic identification document is the voter.
(3) If the election board worker determines that the photographic identification document does not depict the voter, then the election board worker shall issue a provisional ballot unless the voter submits a different photographic identification document that contains a photograph that appears to the election board worker to depict the voter.
(b) The photographic identification document shall not be used to verify the address of the voter if the document contains an address. The photographic identification document shall be used to verify only the name and appearance of the voter. The poll book shall be used to verify the address of the voter by comparing the voter's address in the poll book to the address stated by the voter.
(c) If there is a dispute regarding the application of this regulation to a voter or if the election board worker is unable to determine a voter's eligibility, the supervising judge shall make a decision regarding whether a regular ballot or a provisional ballot shall be issued.
(d)(1) The county election officer shall present all provisional ballots to the county board of canvassers for a determination of validity.
(2) Each provisional ballot issued under this regulation shall be counted if both of the following conditions are met, unless the provisional ballot is determined to be invalid for another reason:
(A) Before the county board of canvassers convenes, the voter provides information to the county officer that remedies each deficiency or inconsistency that led to the issuance of the provisional ballot.
(B) The county board of canvassers determines that the voter's provisional ballot is valid.
(e) Nothing in this regulation shall require an election board worker to issue a regular ballot if the election board worker determines that a voter is attempting to circumvent the photographic identification requirement. Except as specified in K.S.A. 25-2908(i) and amendments thereto, nothing in this regulation shall exempt the voter from providing a photographic identification document. (Authorized by and implementing K.S.A. 2010 Supp. 25-2908, as amended by L. 2011, ch. 56, sec. 11; effective Feb. 24, 2012.)