N.Y. Election Law § 8-706: Electronic early mail ballot application transmittal system

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

1. In addition to any other means of applying for an early mail ballot,

the state board of elections shall establish and maintain an electronic

early mail ballot application transmittal system through which voters

may apply for an early mail ballot online. The state board of elections

shall electronically transmit such applications to the applicable board

of elections of each county or the city of New York for processing

consistent with this chapter. In accordance with technical

specifications provided by the state board of elections, each board of

elections shall maintain an early mail ballot application system capable

of receiving and processing electronic early mail ballot applications,

including, but not limited to, electronic signatures, from the

electronic early mail ballot application transmittal system established

by the state board of elections pursuant to this section. Such

transmittal system shall be fully integrated with each county board of

elections and the city of New York board of elections so that a voter

may apply online directly either through the website of their board of

elections or the state board of elections. Notwithstanding any other

inconsistent provision of this chapter, applications filed using such

system shall be considered filed with the applicable board of elections

on the calendar date the application is initially transmitted by the

voter through the electronic early mail ballot application transmittal

system.

2. (a) A voter shall be able to apply for an early mail ballot using a

personal online application submitted through the electronic early mail

ballot application transmittal system when the voter:

(i) completes an electronic early mail ballot application promulgated

by the state board of elections which shall include all of the

information required by section 8-700 of this title; and

(ii) affirms, subject to penalty of perjury, by means of electronic or

manual signature, that the information contained in the early mail

ballot application is true; and

(iii) consents to the use of an electronic copy of the individual's

manual signature that is in the custody of the department of motor

vehicles, the state board of elections, or other agency designated by

section 5-211 or 5-212 of this chapter, as the individual's early mail

ballot exemplar signature, or provides such a signature by direct upload

in a manner that complies with the New York state electronic signature

and records act and the rules and regulations promulgated by the state

board of elections.

(b) The board of elections shall provide the personal online early

mail ballot application in any language required by the federal Voting

Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.

(c) The online early mail ballot application process shall provide

reasonable accommodations to improve accessibility for persons with

disabilities and shall be compatible for use with standard online

accessibility assistance tools for persons with visual, physical or

perceptive disabilities.

(d) The state board of elections shall promulgate rules and

regulations for the creation and administration of an early mail ballot

application system pursuant to this section.

3. (a) If an early mail ballot exemplar signature is not provided by

an applicant who submits an early mail ballot application pursuant to

this section, the local board shall seek to obtain such exemplar

signature from the statewide voter registration database, the state

board of elections, or a state or local agency designated by section

5-211 or 5-212 of this chapter.

(b) If such exemplar signature is not available from the statewide

voter registration database, the state board of elections, or a state or

local agency designated by section 5-211 or 5-212 of this chapter, the

local board of elections shall, absent another reason to reject the

application, require the voter to provide an exemplar signature by any

one of the following methods: in person, by electronic mail, or by

electronic upload to the board of elections through the electronic early

mail ballot application transmittal system.

(c) If such voter does not provide the required exemplar signature,

the board of elections shall proceed to issue an early mail ballot to

the voter along with an early mail ballot application form requiring

such voter to submit a signature upon such application form and return

it to the board of elections with the voter's ballot.

4. The electronic early mail ballot application transmittal system

shall be combined on a single website with the electronic absentee

ballot application transmittal system created pursuant to section 8-408

of this article. A person using the website must first be provided with

an early mail ballot application before being offered the opportunity to

apply for an absentee ballot. If a person submits an early mail ballot

application, the person shall not be offered the opportunity to apply

for an absentee ballot.