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This entry was published on 2014-09-22
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SECTION 8-303
Initial voter identification
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 3
§ 8-303. Initial voter identification. 1. Applicability. Each board of
elections, in a uniform and nondiscriminatory manner, shall require a
voter to meet the requirements of subdivision two of this section if:

(a) the individual registered to vote in a jurisdiction by mail on or
after January first, two thousand three; and

(b) the individual has not previously voted in an election for federal
office in the jurisdiction of the board of elections.

2. Requirements. (a) In general. An individual meets the requirements
of this subdivision if the individual:

(1) in the case of an individual who votes in person: (i) presents to
the appropriate election inspector, clerk or coordinator a current and
valid photo identification; or

(ii) presents to the appropriate election inspector, clerk or
coordinator a copy of a current utility bill, bank statement, government
check, paycheck, or other government document that shows the name and
address of the voter; or

(2) in the case of an individual who votes by mail, submits in the
outer envelope with the envelope containing the ballot: (i) a copy of a
current and valid photo identification; or

(ii) a copy of a current utility bill, bank statement, government
check, paycheck, or other government document that shows the name and
address of the voter.

(b) Fail-safe voting. (1) An individual who desires to vote in person,
but who does not meet the requirements of subparagraph one of paragraph
(a) of this subdivision, may cast an affidavit ballot, and
notwithstanding this section of law, such affidavit ballot shall be duly
cast and counted, even though such individual does not meet the
requirements of subparagraph one of paragraph (a) of this subdivision,
provided such individual casting such ballot is an otherwise eligible
voter pursuant to law, provided further that such ballot otherwise
complies with the requirements of law.

(2) An individual who desires to vote by mail but who does not meet
the requirements of subparagraph two of paragraph (a) of this
subdivision may cast such a ballot by mail and such ballot shall be duly
cast and counted, notwithstanding this section, provided the voter is
determined to be an eligible voter and provided further that such ballot
otherwise complies with the requirements of law.

3. Inapplicability. Subdivisions one and two of this section shall not
apply in the case of a person: (a) who registers to vote by mail and
submits as part of such registration either:

(1) a copy of a current and valid photo identification; or

(2) a copy of a current utility bill, bank statement, government
check, paycheck, or government document that shows the name and address
of the voter;

(b) (1) who registers to vote by mail and submits with such
registration either:

(i) a driver's license or a department of motor vehicles non-driver
photo ID number; or

(ii) at least the last four digits of the individual's social security
number; and

(2) with respect to whom a local board of elections matches the
information submitted under subparagraph one of this paragraph with an
existing state identification record bearing the number, name and date
of birth of such voter; or

(c) who is: (1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
et seq.);

(2) provided the right to vote otherwise than in person under section
3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or

(3) entitled to vote otherwise than in person under any other federal
law.