N.Y. Election Law Section 8-308
Voting

  • voting write-in

1.

Ballots voted for any person whose name does not appear on the ballot as a nominated or designated candidate for public office or party position are referred to in this article as write-in ballots.

2.

Any write-in vote for a candidate whether or not such candidate’s name is on the ballot for that contest shall be counted for such candidate unless such write-in vote creates an invalid overvote in the contest.

3.

A write-in ballot must be cast in its appropriate place on the ballot, or it shall be void and not counted.

4.

A write-in ballot cast in a party primary for a candidate not enrolled in such party shall be void and not counted.

5.

A write-in ballot may also be cast by the use of a name stamp. The use of name stickers, labels or pasters is prohibited.

Source: Section 8-308 — Voting; voting write-in, https://www.­nysenate.­gov/legislation/laws/ELN/8-308 (updated Sep. 22, 2023; accessed Dec. 13, 2025).

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Verified:
Dec. 13, 2025

Last modified:
Sep. 22, 2023

§ 8-308. Voting's source at nysenate​.gov

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