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This entry was published on 2022-04-08
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SECTION 8-408
Electronic absentee ballot application transmittal system
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 4
§ 8-408. Electronic absentee ballot application transmittal system. 1.
Establishment. In addition to any other means of applying for an
absentee ballot, the state board of elections shall establish and
maintain an electronic absentee ballot application transmittal system
through which voters may apply for an absentee 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 absentee ballot application system
capable of receiving and processing electronic absentee ballot
applications, including, but not limited to, electronic signatures, from
the electronic absentee 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 his or her 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 absentee ballot application transmittal
system.

2. Online absentee ballot application. (a) A voter shall be able to
apply for an absentee ballot using a personal online voter registration
application submitted through the electronic absentee ballot application
transmittal system when the voter:

(i) completes an electronic absentee ballot application promulgated by
the state board of elections which shall include all of the information
required by section 8-400 of this title; and

(ii) affirms, subject to penalty of perjury, by means of electronic or
manual signature, that the information contained in the absentee 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 absentee
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 absentee
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 absentee 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 online absentee
ballot registration system pursuant to this section.

3. Failure to provide exemplar signature not to prevent application.
(a) If an absentee ballot exemplar signature is not provided by an
applicant who submits an absentee 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
absentee ballot application transmittal system.

(c) If such voter does not provide the required exemplar signature,
the board of elections shall proceed to issue an absentee ballot to the
voter along with an absentee 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.