Statute · New York Election Law
N.Y. Elec. Law § 8-308 — Voting; voting write-in
N.Y. Elec. Law § 8-308
- Type
- Statute
- Source
- New York Election Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 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.
Citator
N.Y. Elec. Law § 8-308 — Voting; voting write-in is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.