Section 8-303. Initial voter identification  


Latest version.
  • 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.