2023 New York Laws › ELN - Election › Article 8 - Conduct of Elections › Title 7 - Early Mail Voting › 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.