§ 8-408 — Electronic absentee ballot application transmittal system

New York § 8-408

• Jurisdiction: New York
• Law ELN: Election
• Title 4: Absentee Voting
• Art. 8: Conduct of Elections

Text

§ 8-408. Electronic absentee ballot application transmittal system. 1.\nEstablishment. In addition to any other means of applying for an\nabsentee ballot, the state board of elections shall establish and\nmaintain an electronic absentee ballot application transmittal system\nthrough which voters may apply for an absentee ballot online. The state\nboard of elections shall electronically transmit such applications to\nthe applicable board of elections of each county or the city of New York\nfor processing consistent with this chapter. In accordance with\ntechnical specifications provided by the state board of elections, each\nboard of elections shall maintain an absentee ballot application system\ncapable of receiving and processing electronic absentee ballot\napplications, including, but not limited to, electronic signatures, from\nthe electronic absentee ballot application transmittal system\nestablished by the state board of elections pursuant to this section.\nSuch transmittal system shall be fully integrated with each county board\nof elections and the city of New York board of elections so that a voter\nmay apply online directly either through the website of his or her board\nof elections or the state board of elections. Notwithstanding any other\ninconsistent provision of this chapter, applications filed using such\nsystem shall be considered filed with the applicable board of elections\non the calendar date the application is initially transmitted by the\nvoter through the electronic absentee ballot application transmittal\nsystem.\n 2. Online absentee ballot application. (a) A voter shall be able to\napply for an absentee ballot using a personal online voter registration\napplication submitted through the electronic absentee ballot application\ntransmittal system when the voter:\n (i) completes an electronic absentee ballot application promulgated by\nthe state board of elections which shall include all of the information\nrequired by section 8-400 of this title; and\n (ii) affirms, subject to penalty of perjury, by means of electronic or\nmanual signature, that the information contained in the absentee ballot\napplication is true; and\n (iii) consents to the use of an electronic copy of the individual's\nmanual signature that is in the custody of the department of motor\nvehicles, the state board of elections, or other agency designated by\nsection 5-211 or 5-212 of this chapter, as the individual's absentee\nballot exemplar signature, or provides such a signature by direct upload\nin a manner that complies with the New York state electronic signature\nand records act and the rules and regulations promulgated by the state\nboard of elections.\n (b) The board of elections shall provide the personal online absentee\nballot application in any language required by the federal Voting Rights\nAct of 1965 (52 U.S.C. Sec. 10503) in any county in the state.\n (c) The online absentee ballot application process shall provide\nreasonable accommodations to improve accessibility for persons with\ndisabilities and shall be compatible for use with standard online\naccessibility assistance tools for persons with visual, physical or\nperceptive disabilities.\n (d) The state board of elections shall promulgate rules and\nregulations for the creation and administration of an online absentee\nballot registration system pursuant to this section.\n 3. Failure to provide exemplar signature not to prevent application.\n(a) If an absentee ballot exemplar signature is not provided by an\napplicant who submits an absentee ballot application pursuant to this\nsection, the local board shall seek to obtain such exemplar signature\nfrom the statewide voter registration database, the state board of\nelections, or a state or local agency designated by section 5-211 or\n5-212 of this chapter.\n (b) If such exemplar signature is not available from the statewide\nvoter registration database, the state board of elections, or a state or\nlocal agency designated by section 5-211 or 5-212 of this chapter, the\nlocal board of elections shall, absent another reason to reject the\napplication, require the voter to provide an exemplar signature by any\none of the following methods: in person, by electronic mail, or by\nelectronic upload to the board of elections through the electronic\nabsentee ballot application transmittal system.\n (c) If such voter does not provide the required exemplar signature,\nthe board of elections shall proceed to issue an absentee ballot to the\nvoter along with an absentee ballot application form requiring such\nvoter to submit a signature upon such application form and return it to\nthe board of elections with the voter's ballot.\n