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This entry was published on 2024-01-05
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SECTION 8-706
Electronic early mail ballot application transmittal system
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 7
§ 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.