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Current as of January 01, 2026 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - New York Consolidated Laws, Election Law - ELN § 8-308. Voting; voting write-in - last updated January 01, 2026 | https://codes.findlaw.com/ny/election-law/eln-sect-8-308/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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