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Write In Voting
Traditionally, most voters select between the candidates, whose names are pre-printed on a ballot for
election to a given political office. Sometimes candidates are put forth by parties through nominating
conventions or primaries, and sometimes these individuals run in nonpartisan races, qualifying for the
ballot through other means. However, despite this more traditional approach to voting, many voters will
write in the name of a candidate for whom they wish to cast a vote. These votes are commonly called
write-in votes, though are also known as “sticker votes” or “personal choice votes” in certain
jurisdictions. Votes may be a “protest vote,” such as Mickey Mouse or a voter’s own name.
States and jurisdictions have taken numerous approaches on how write-in votes are handled.
Considerations for jurisdictions relate to whether candidates need to register ahead of time to qualify as
a valid write-in, as well as questions about how election officials should count these votes: should they
require an exact name match, and how should votes be tallied?
Running as a Write-in Candidate
Several states bar write-in voting. For example, in Nevada, “voting must be only upon candidates whose
names appear upon the ballot prepared by the election offices, and no person may write in the name of
an additional candidate for any office.”
1
Similarly, in Oklahoma, “If the name of any person is written on
a ballot, the name shall not be counted.”
2
Other states that bar write-in voting include Louisiana and
South Dakota. Mississippi only permits write-in candidates if the candidate from a given party for a
specific office dies, resigns, or withdraws.
3
Approximately twelve states that permit
write-in candidates have no registration
requirement to be an official candidate.
Nonetheless, some states have additional
requirements beyond registration for write-
in candidates to qualify for a general
election ballot or to be elected. For
example, in Iowa, though a write-in
candidate does not need to register, to win
a primary, the candidate must “receive at
least thirty-five percent of the total vote cast for all of that party’s candidates for that office in the last
preceding primary election for which the party had candidates on the ballot for that office.”
4
New Jersey
has a similar “minimum vote” threshold for a write-in candidate to win elected office.
5
Think write in votes are unlikely to matter in
deciding the outcome of an election?
In Alaska, Senator Lisa Murkowski won the U.S. Senate
Race of 2010 after losing her primary by mounting a write
in campaign that was ultimately successful.
Senator Lisa Murkowski wins Alaska write in campaign, Rosen, Yereth, available
at https://www.reuters.com/article/us usa elections murkowski
idUSTRE6AG51C20101118 (last accessed August 18, 2023)
1
Nev. Rev. Stat. Sec. 293.270.
2
Okla. Stat. tit. 26, Sec. 7-127.
3
Miss. Code Sec. 23-15-365.
4
Iowa Code Sec. 43.66.
5
N.J. Stat. Sec. 19:14-2.1.
1
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How
To
Cast
A
Write-In
Vote
1. On
your
ballot,
find
the
office
for
which
the
candidate
is
running
2.
Print
or
write
the
candidate's
name
on
the
Write
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line
for
that
office
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in
the
oval
next
lo
the
candidate's
name
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Write In Voting
Most states that permit write-in
candidates require them to register
before the election to receive
official vote tallies. Alaska requires
candidates to file a “letter of intent”
with information related to the
candidates’ residency, and
assertions of qualifications.
6
Similarly, in Kentucky, candidates
must file a “declaration of intent”
with the Secretary of State or
county clerk by a specified date in
October.
7
In total, 31 states that
permit write-in candidates have some filing requirement. Virginia, unique in the nation, permits write-in
candidates for all offices, but requires registration only for those running for president and vice
president.
8
Case Study: Ferrysburg, Michigan 2023
Due to errors in candidate petition filings, Ferrysburg,
Michigan’s Election Commission voted in 2023 to conduct
an all write in election for mayor and city council
members. Candidates still had to register as write ins, but
it allowed all interested candidates to legally run in the
election, despite unintentional errors.
Election commission votes to leave Ferrysburg ballots blank in upcoming
election, Cho, Micah, available at
https://www.wzzm13.com/article/news/local/ferrysburg ballots to be blank in
To register as a qualified write in candidate, the registration processes may be different than typical
candidate filing requirements. For example, in Michigan, candidates may file up until the Friday before
the election.
9
In Florida, write-in candidates do not need to pay filing fees.
10
Casting a Write-In Vote
States take differing approaches as to whether they explicitly create ballots with write-in voting in mind.
Alabama, for example, allows a voter to “write in the column under the title of the office the name of
any person whose name is not printed upon the ballot for whom the elector may desire to vote,” though
such candidates are
barred in municipal
races.
11
In New
Jersey, election
officials may either
provide a “separate
write-in ballot” or
provide a space on
the general ballot for
write-in candidates.
12
Regardless of how
the ballot is created,
Example of instructions on casting a Write-In Vote from LaSalle County, Illinois
13
6
Alaska Stat. Sec. 15.25.105.
7
Ky. Rev. Stat. Sec. 117.265(2).
8
Va. Code 24.2-644.
9
Mich. Comp. Laws Sec. 168.737a(1).
10
Fla. Stat. § 99.061(4)(b).
11
Ala. Code Sec. 17-6-27.
12
N.J. Stat. Sec. 19:53A-5(e).
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Write In Voting
there is nonetheless a question about whether voters must write in the candidate’s name, or whether
another means of casting their ballot is permissible. For example, Idaho and Indiana bar the use of
stickers with the candidate’s name, Massachusetts permits stickers, and New York permits stamps, but
not stickers.
13
Voters that use accessible voting
equipment such as ballot marking
devices (BMDs) or direct electronic
recorders (DREs) for voting cast write-
in votes in a similar manner to hand
marked ballots. If available for the
contest, voters select write-in on the
screen and are presented with an
electronic keyboard that voters can
use to type in their response. Voters may use assistive technology if necessary to navigate the electronic
keyboard. Voters are able to verify their selection after recording their response.
Case Study: New Hampshire 2022
In 2022, in response to an anticipated increase in write in
votes, some New Hampshire towns added extra staff to
help count on election night to avoid delays in the official
results of the election.
Increase in write in votes may delay New Hampshire election results, Sexton,
Adam, available at https://www.wmur.com/article/write in votes new
hampshire election 102722/41794574# (last accessed August 18, 2023)
Counting Write-In Votes
There is a broad range of practices
regarding the processing of ballots that
include write-in votes. Alabama will not
count write-in ballots, unless the total
number of votes cast for a write-in
candidate are greater than or equal to the
difference in votes between the top two
candidates in that race or if a voter
provides a bond or certified check covering
the costs of the count.
14
Colorado will only
count write-in votes for President and
Governor if the write-in vote also includes
a name for Vice President and Lieutenant
Governor, respectively.
15
Determining a voter’s intent is also key to
counting write-in ballots. North
Carolina judges whether the
“voter’s choice can be clearly determined” in ascertaining how to count a write-in vote.
17
In contrast,
Montana case law has disallowed write-in votes for a candidate where the misspelling by a voter was
Example of a tally sheet for counting Write-In votes from Menomonee Falls, WI
16
3
13
Idaho Code Sec. 34-702A(2); Ind. Code Sec. 3-12-1-1.7(a)(3); Mass. Gen. Laws ch. 54, Sec 105A; N.Y. Elec. Law
Sec. 8-308(5).
14
Ala. Code Sec. 17-6-28.
15
Colo. Rev. Stat. Sec. 1-4-1103.
16
See: www.menomonee-falls.org/DocumentCenter/View/12683/Counting-write-ins, accessed 4 August 2023
17
N.C. Gen. Stat. Sec. 163-182.1.
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Write In Voting
not one of the variations submitted by the candidate in their declaration of intent.
18
Nebraska will not
count a write-in vote that is only a candidate’s last name if anyone else in the county has the same last
name unless the last name is reasonably close to the proper spelling of the last name of a candidate
engaged in or pursuing a write-in campaign.
19
If a voter writes in a name for a candidate whose name already appears on the ballot, their ballot will
count in New Hampshire, but not in New York or Pennsylvania.
20
Alabama will not count a write-in vote
if the voter both writes a name on the ballot in the appropriate space and casts a vote for a candidate
otherwise listed on the ballot, instead opting to count the printed name.
21
In California, the voter must
fill in the bubble next to the ”write-in” space for any text written to be counted as a valid write-in vote,
whereas Minnesota does not require the bubble to be filled in.
22
In Indiana, “[w]rite-in votes for each
write-in candidate shall be counted
separately using the tally sheets
provided by the county election
board.”
23
Utah also provides that an
election official must “separate,
count, and tabulate any ballots
containing valid write-in votes.”
24
In
Maine, write-in candidates who
receive at least 5% of the votes for
that office are reported by name, and
all other write-in votes are reported
as “others.”
25
Case Study: Massachusetts 2018
In Massachusetts, a space for write in candidates is not
printed on ballots in towns that hand count, according
to state law. To address concerns that voters may be
disenfranchised when voting for write in candidates,
the Secretary of the Commonwealth printed materials
explaining to voters how to properly cast their vote in
the 2018 primary ballot.
Ballots in towns that hand count votes lack write in spaces, Dunau, Bera,
available https://www.recorder.com/Ballot confusion in Senate race
revolves around write in process 19546767 (last accessed August 18, 2023)
Whether a write-in candidate needs a specific number of votes in order to actually be elected varies
nationwide. Arizona and North Dakota require a write-in candidate in a nonpartisan election to receive,
at minimum, the number of votes equivalent to the number of signatures needed to qualify via a
nominating petition.
26
New Mexico requires a candidate to receive the number of votes equal to “two
percent of the total vote in the state, district or county in which the candidate seeks election that were
cast for governor in the last preceding general election in which a governor was elected.”
27
New Hampshire provides its election officials with specific rules related to the treatment of ballot
images that include write-in candidates, stating that these ballots are non-public records.
28
18
Mont. Code Secs. 13-10-211, 13-15-202(7); Paulsen v. Huestis, 13 P.3d 931, 302 Mont. 157 (2000).
19
Neb. Rev. Stat. Sec. 32-1007.
20
N.H. Rev. Stat. 659:64-a(II), N.Y. Elec. Law Sec. 8-308(2), 25 Pa. Stat. Sec. 3031.12(3).
21
Ala. Code Sec. 17-6-28(b).
22
Cal. Elec. Code Sec. 15342(a); Minn. Stat. Sec. 204C.22(4).
23
Ind. Code Sec. 3-12-1-1.7(5).
24
Utah Code Sec. 20A-4-104(7)(a)(i).
25
21-A Me. Rev. Stat. Sec 722(1-A).
26
Ariz. Rev. Stat. Sec. 16-645(C); N.D. Cent. Code Sec. 16.1-15-42.
27
N.M. Stat. Sec. 1-13-24(A).
28
N.H. Rev. Stat. Sec. 659:64-a(VI).
4
5
Write-In Voting
Below is a map illustrating the variety of approaches to write-in voting in the fifty states, immediately
followed by an appendix of state laws regarding write-in voting.
Write-In Voting by State
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Write In Voting
Appendix – State Laws Regarding Write-In Voting
29
State
Is Write In Voting
Allowed?
Citation
Do Write In
Candidates Need
to Register?
Alabama
Yes (unless municipal
election)
Ala. Code § 17-6-27
No
Alaska
Yes
Alaska Stat. § 15.25.105
Yes
Arizona
Yes
Ariz. Rev. Stat. § 16-312
Yes
Arkansas
Yes (unless municipal
election)
Ark. Code § 7-5-610
No
California
Yes
Cal. Elec. Code § 15340; § 8600
Yes
Colorado
Yes
Colo. Rev. Stat. § 1-13.5-1108; § 1-
13.5-305
Yes
Connecticut
Yes
Conn. Gen. Stat. § 9-265; § 9-175; § 9-
373a
Yes
Delaware
Yes
Del. Code Title 15 § 3401; §3402
Yes
Florida
Yes
Fla. Stat. § 99.061
Yes
Georgia
Yes
Ga. Code § 21-2-133
Yes
Hawaii
No
Haw. Rev. Stat. § 12-1; § 12-2
N/A
Idaho
Yes (unless judicial
office)
Idaho Code § 34-1407; § 34-702A
Yes
Illinois
Yes
Ill. Comp. Stat. § 17-16.1
Yes
Indiana
Yes
Ind. Code § 3-5-2-54
Yes
Iowa
Yes
Iowa Code § 49.99
No
Kansas
Yes
Kan. Stat. § 25-2903
No
Kentucky
Yes
Ky. Rev. Stat. § 117.265
Yes
Louisiana
No
N/A
N/A
Maine
Yes
Me. Rev. Stat. tit 21-A, § 338, § 722-A
Yes
Maryland
Yes
Md. Code. Elec. Law § 5-704, § 10-313
Yes
Massachusetts
Yes
Mass. Gen. Laws ch. 53, § 3, 34, 35A,
35B, 40; ch. 54 § 33E, 42, 65, 77, 116A
Yes
Michigan
Yes
Mich. Comp. Laws § 168.737a
Yes
Minnesota
Yes
Minn. R. 8230.1350
Yes
Mississippi
Yes (if prior candidate
died, resigned,
withdrew, or was
removed)
Miss. Code § 23-15-365
No
Missouri
Yes
Mo. Rev. Stat. § 115.453.
Yes
Montana
Yes
Mont. Code § 13-10-211
Yes
Nebraska
Yes
Neb. Rev. Stat. § 32-615
Yes
Nevada
No
Nev. Rev. Stat. § 293.270
N/A
29
Data included in this chart is not intended to be exhaustive and is derived from a research partnership between
the U.S. EAC and the National Conference of State Legislatures. This chart is not intended to provide legal advice.
For the most complete and up-to-date information, please consult with state officials. If any information is
inaccurate in this document, please email clearinghouse@eac.gov.
6
7
Write-In Voting
State
Is Write-In Voting
Allowed?
Citation
Do Write-In
Candidates Need
to Register?
New Hampshire
Yes
N.H. Rev. Stat. § 659:17
No
New Jersey
Yes
N.J. Stat. § 19:53A-5
No
New Mexico
Yes
N.M. Stat. § 1-8-36.1; 1-8-66
Yes
New York
Yes
N.Y. Elec. Law § 8-308
Yes
North Carolina
Yes
N.C. Gen. Stat. § 163-123
Yes
North Dakota
Yes
N.D. Cent. Code § 16.1-12-02.2
Yes
Ohio
Yes
Ohio Rev. Code § 3513.041
Yes
Oklahoma
No
Okla. Stat. tit. 26, § 7-127
N/A
Oregon
Yes
Or. Rev. Stat. § 254.548
No
Pennsylvania
Yes
25 Pa. Cons. Stat. § 3155
No
Rhode Island
Yes
R.I. Gen. Laws § 17-19-31
No
South Carolina
Yes
S.C. Code § 7-113-360
No
South Dakota
No
S.D. Codified Laws § 12-20-21.2
N/A
Tennessee
Yes
Tenn. Code § 2-5-219; § 2-7-133
Yes
Texas
Yes
Tex. Elec. Code § 146.001, § 146.023
Yes
Utah
Yes
Utah Code § 20A-9-601
Yes
Vermont
Yes
Vt. Stat. tit 17, § 2682a
No
Virginia
Yes
Va. Code § 24.2-644
Yes (for president
or vice president)
Washington
Yes
Wash. Rev. Code § 29A.24.311
Yes
West Virginia
Yes
W. Va. Code § 3-6-4a
Yes
Wisconsin
Yes
Wis. Stat. § 7.50(2)(d)
Yes
Wyoming
Yes
Wyo. Stat. § 22-5-215
No
