New York Statutes
§ 8-308 — Voting; voting write-in
New York § 8-308
This text of New York § 8-308 (Voting; voting write-in) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.Y. Election § 8-308 (2026).
Text
§ 8-308. Voting; voting write-in.
1.Ballots voted for any person\nwhose name does not appear on the ballot as a nominated or designated\ncandidate for public office or party position are referred to in this\narticle as write-in ballots.\n 2. Any write-in vote for a candidate whether or not such candidate's\nname is on the ballot for that contest shall be counted for such\ncandidate unless such write-in vote creates an invalid overvote in the\ncontest.\n 3. A write-in ballot must be cast in its appropriate place on the\nballot, or it shall be void and not counted.\n 4. A write-in ballot cast in a party primary for a candidate not\nenrolled in such party shall be void and not counted.\n 5. A write-in ballot may also be cast by the use of a name stamp. The\nuse of name stickers, labels
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Related
Unity Party v. Wallace
707 F.2d 59 (Second Circuit, 1983)
Miller v. Lakeland Fire District
31 A.D.3d 556 (Appellate Division of the Supreme Court of New York, 2006)
DeCicco v. Chemung County Board of Elections
719 N.E.2d 526 (New York Court of Appeals, 1999)
Carbery v. Carbery
131 Misc. 2d 727 (New York Supreme Court, 1986)
Guilianelle v. Conway
265 A.D.2d 594 (Appellate Division of the Supreme Court of New York, 1999)
Francis v. Palombo
2 A.D.3d 1148 (Appellate Division of the Supreme Court of New York, 2003)
Brownson v. Andrews
687 N.E.2d 1327 (New York Court of Appeals, 1997)
Matter of Kowal v. Mohr
2023 NY Slip Op 02480 (Appellate Division of the Supreme Court of New York, 2023)
Van Allen v. Democratic State Committee
1 Misc. 3d 734 (New York Supreme Court, 2003)
Tylec v. Iwanicki
266 A.D.2d 886 (Appellate Division of the Supreme Court of New York, 1999)
In re Daly
233 A.D.2d 960 (Appellate Division of the Supreme Court of New York, 1996)
Brownson v. Andrews
244 A.D.2d 896 (Appellate Division of the Supreme Court of New York, 1997)
Kuczynski v. Marshall
2025 NY Slip Op 30509(U) (New York Supreme Court, Saratoga County, 2025)
Frentzel v. Mohr
(W.D. New York, 2025)
Frentzel v. Mohr
(Second Circuit, 2024)
Nearby Sections
15
§ 8-102
Polls; opening of§ 8-104
Polls§ 8-108
Change of polling place§ 8-300
Voting; manner of§ 8-303
Initial voter identification§ 8-306
Voters; assistance to§ 8-308
Voting; voting write-inCite This Page — Counsel Stack
Bluebook (online)
New York § 8-308, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/ELN/8-308.