N.Y. Election Law § 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:
1. (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
2. (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
3. (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.
4. (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.
5. (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.
6. (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.