1 Miss. Code. R. 16-4.1 - 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.

Notes

1 Miss. Code. R. 16-4.1

Miss. Code Ann. Section 23-15-7(8).