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2016 NY Att'y Gen. Rep. & Op. 1 (2016)

handle is hein.nyattgen/nysag0137 and id is 1 raw text is: Election Law §§ 5-210, 5-210(1), 5-210(5)(k)(xi), 1-104(27), 2-210(5), 8-304(1), 5-500(7), 5- 506(3), 5-202, 5-211, 5-212; State Technology Law Article 3 (Electronic Signature and Records Act) State law governing voter registration does not require a wet signature and thus a signature can be affixed electronically. April 25, 2016 Dennis M. Brown Informal Opinion County Attorney No. 2016-1 Suffolk County P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Brown: You have explained that the County is considering implementing a system whereby a person desiring to register to vote will complete an application online. In light of that, you have asked whether state law governing voter registration requires that the signature of a registrant be handwritten-in other words, written with ink, or a wet signature. As explained below, we conclude that state law governing voter registration does not require a wet signature and that a signature can be affixed electronically. The Legislature has created a comprehensive legislative plan addressing the registration of voters. Clark v. Cuomo, 104 A.D.2d 188, 191 (3d Dep't 1984); affd, 66 N.Y.2d 185 (1985). As part of that plan, section 5-210 of the Election Law authorizes a prospective voter to apply for registration by mail or by appearing at the county board of elections. Election Law § 5-210(1). The registration application must include an affirmation that the applicant meets the eligibility requirements to register to vote and a place for the applicant to execute the form on a line which is clearly labeled 'signature of applicant.' Election Law § 5-210(5)(k)(xi). The affirmation must be followed by a space for the date and the aforementioned line for the applicant's signature. Id. Similarly, the term personal application is defined to mean a signed writing which may be delivered by mailing or in person. Id. § 1-104(27). But the Election Law does not specifically require a signature written with ink on a voter registration application. We therefore are of the opinion that the signature requirement of Election Law § 5-210(5) does not preclude a signature affixed by electronic means. But the electronic registration system to be implemented by the County must fit within the framework of the registration system created by the Legislature. Most importantly, the technology implemented must capture a handwritten signature that can be incorporated into the registration records and compared with the signature that the applicant will write at the polling location at the time of voting. Election Law § 8-304(1), see also id. §§ 5-500(7), 5-506(3).

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