§ 8-706 — Electronic early mail ballot application transmittal system

New York § 8-706

• Jurisdiction: New York
• Law ELN: Election
• Title 7: Early Mail Voting
• Art. 8: Conduct of Elections

Text

§ 8-706. Electronic early mail ballot application transmittal system.\n1. In addition to any other means of applying for an early mail ballot,\nthe state board of elections shall establish and maintain an electronic\nearly mail ballot application transmittal system through which voters\nmay apply for an early mail ballot online. The state board of elections\nshall electronically transmit such applications to the applicable board\nof elections of each county or the city of New York for processing\nconsistent with this chapter. In accordance with technical\nspecifications provided by the state board of elections, each board of\nelections shall maintain an early mail ballot application system capable\nof receiving and processing electronic early mail ballot applications,\nincluding, but not limited to, electronic signatures, from the\nelectronic early mail ballot application transmittal system established\nby the state board of elections pursuant to this section. Such\ntransmittal system shall be fully integrated with each county board of\nelections and the city of New York board of elections so that a voter\nmay apply online directly either through the website of their board of\nelections 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 early mail ballot application transmittal\nsystem.\n 2. (a) A voter shall be able to apply for an early mail ballot using a\npersonal online application submitted through the electronic early mail\nballot application transmittal system when the voter:\n (i) completes an electronic early mail ballot application promulgated\nby the state board of elections which shall include all of the\ninformation required by section 8-700 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 early mail\nballot application 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 early mail\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 early\nmail ballot application in any language required by the federal Voting\nRights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.\n (c) The online early mail 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 early mail ballot\napplication system pursuant to this section.\n 3. (a) If an early mail ballot exemplar signature is not provided by\nan applicant who submits an early mail ballot application pursuant to\nthis section, the local board shall seek to obtain such exemplar\nsignature from the statewide voter registration database, the state\nboard of elections, or a state or local agency designated by section\n5-211 or 5-212 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 early\nmail 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 early mail ballot to\nthe voter along with an early mail ballot application form requiring\nsuch voter to submit a signature upon such application form and return\nit to the board of elections with the voter's ballot.\n 4. The electronic early mail ballot application transmittal system\nshall be combined on a single website with the electronic absentee\nballot application transmittal system created pursuant to section 8-408\nof this article. A person using the website must first be provided with\nan early mail ballot application before being offered the opportunity to\napply for an absentee ballot. If a person submits an early mail ballot\napplication, the person shall not be offered the opportunity to apply\nfor an absentee ballot.\n