Election Law § 8-308 · Title 3. Casting the Ballot
Voting; voting write-in
Text — Law content up to date as of October 30, 2026, as published by the New York State 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.
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 of truth
- Edition
- Law content up to date as of October 30, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/ELN8-308
- Text hash
- sha256 e97a37f998bf635e5064101f56c5dd90c0ebd4c048c5ca317e2de96bded27071
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.