Program applicants and participants or their authorized representative may use an electronic signature to sign applications, renewals, and other forms.

The following are acceptable electronic signature methods:

• A digitized image of a handwritten signature transmitted electronically, such as by fax, email, or text message.

• A form with a completed attestation and either a typed name or checked box indicating a signature. The following language is approved by DHS:

• By checking “I agree,” I understand that I am electronically signing this form. I attest and certify that the information provided is true and accurate. I understand that my electronic signature has the same legal effect and can be enforced in the same way as a handwritten signature. (Minn. Stat. Ch. 325L.07) ☐ I agree
• By typing my name in the signature field, I understand that I am electronically signing this form. I attest and certify that the information provided is true and accurate. I understand that my electronic signature has the same legal effect and can be enforced in the same way as a handwritten signature. (Minn. Stat. Ch. 325L.07)

• An electronic signature capture by a software product that complies with the requirements of the Electronic Signature in Global and National Commerce Act (ESIGN), submitted with a completion certificate, audit record or similar audit trail document. DHS permits the use of technology products that meet these requirements and does not endorse any specific product.

• A handwritten signature, mark, or command input on a display screen or an electronic signature pad (e.g., stylus device used to sign a document displayed on a touch screen)

• A unique identifier (e.g., code, password, or PIN)

• An electronically recorded sound (e.g., voice recording, telephonic signatures)

To determine if an electronic signature meets the signature policy and can be accepted, the following four criteria must be met:

• The signor’s intent to sign a specific form is clear. If the electronic signature is on the specific form or submitted with the form, this criteria is met. For a signature submitted apart from a form, the signor must include a short statement with the date of the signature, such as “I understand that I am signing [form name or number] and I agree to all the terms and conditions of the form.”

• The electronic signature must be logically associated with or attached to the form. It must be clear that the signature is connected to a specific form. An electronic signature that is physically received by the agency on a form or submitted with the form meets these criteria. If a signature is not received on a form or submitted with the form, a written statement of intent, described in the first bullet, is needed to logically associate a signature with a form.

• The electronic signature must provide a way to identify the signor. It must be clear who electronically signed the form. A legible handwritten signature transmitted electronically meets these criteria. A typed or handwritten name with a signature (legible or not) also satisfies this requirement.

• The electronic signature must not be modifiable. The signature must be received in a form that is tamper-proof so the signature cannot be modified.

An electronic signature gathered via software that complies with the Electronic Signatures in Global and National Commerce Act (ESIGN), submitted with a certificate of completion, audit record or similar audit trail document meets these criteria, and therefore fulfills the signature requirement on applications, renewals, and other eligibility forms.

Exceptions

Interim Assistance Authorization forms (DHS-1795 and DHS-1795A) are used when applicants or participants are applying for SSI and RSDI and must comply with Social Security Administration (SSA) requirements. SSA only accepts digital/electronic, pen capture, or “wet” signatures on the IAAs. See 0012.12.02 (Interim Assistance Authorization for RSDI and OMB), 0012.12.03 (Interim Assistance Authorization for SSI) for more information.