Below is a list of states and their rules for write-in candidates. Please send email to Write-inRonPaul.com with any updates.
307-X-1-.16 Write-In Votes. Write-in votes shall be permitted only in non-municipal general elections. The ballot must be constructed so that the voter can mark or punch a write-in vote for each office in the same manner that votes are registered for regular candidates. In order to cast a valid write-in vote, the voter must: (1) write the name on the ballot or secrecy envelope and (2) register the vote by a mark or punch in the space designated for that office. A write-in shall not be counted if the vote is not registered as provided above. Over-votes caused by write-ins shall be treated in the following manner. If a voter registers a vote for a name on the ballot and then writes in another name for the same office but fails to register the write-in vote, the ballot shall be treated as if no write-in had occurred and the regular vote shall be counted. If a properly registered write-in causes an over-vote, it shall be treated as any other over-vote; and none of the votes for the over-voted office shall be counted. However, the remainder of the ballot shall be counted. When counting write-in votes, poll officials must check for over-votes if the marksense ballot counter does not perform the function.
Author: Charles E. Grainger, Jr.
Statutory Authority: Code of Ala. 1975, §17-24-7(b).
History: New Rule: Filed February 10, 1998; effective March 17, 1998. Amended: Filed February 7, 2002; effective March 14, 2002.
Write-in candidates must file a Letter of Intent (form available below) to run for office in the 2004 General Election. The Letter of Intent is to be filed with the Division of Elections by October 28, 2004. Write-in votes will not be counted unless the Letter of Intent containing the required information has been filed.
J. Write-in Candidates
1. Filing Requirements
No later than 40 days prior to the Primary or General Election, a write-in candidate must file all the
documents that are required for other candidates, except nomination petitions. Candidates for federal offices
are exempt from compliance with Arizona’s campaign finance and personal financial disclosure requirements.
A.R.S. §§ 16-312, 38-541(8).
Write-in candidates for elections subject to cancellation [A.R.S.§§ 15-424, 16-822, 48-802, 48-1012, 48-
1208, 48-1404, 48-1908, 48-2010, 48-2107 or 48-2208] must be filed 76 days before the election. A.R.S. § 16-
Only candidates who file complete, timely documents will be considered “official write-in candidates.” Only
official write-in candidates will have their names posted in the polling places and their votes counted. A.R.S. §
2. Number of Votes Required for Election
A write-in candidate for a party entitled to continued representation on the ballot will not be issued a
certificate of nomination unless the candidate receives a number of votes equivalent to at least the same
number of signatures required by A.R.S. § 16-322 for nominating petitions for the same office. A.R.S. § 16-
A write-in candidate of a party which has not qualified for continued representation will not be issued a
certificate of nomination unless the candidate receives a plurality of the votes of the party for the office sought.
A.R.S. § 16-645(D).
A person cannot run as a write-in candidate in the General Election if the person ran for the same office in
the Primary Election and failed to be nominated. A.R.S. § 16-312.
A candidate whose nomination petitions are successfully challenged for lack of a sufficient number of
signatures cannot run as a write-in candidate for the same office in the Primary or General Election in the
same year. A.R.S. § 16-312.
A candidate in the General Election, who filed a nomination petition for Nomination Other Than by Primary
for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by
A.R.S. § 16-341, cannot run as a write-in candidate. A.R.S. § 16-312.
Primary Election Deadline for Write-in Candidates July 24, 2008 at 5:00 p.m.
General Election Deadline for Write-in Candidates September 25, 2008 at 5:00 p.m.
Write-in candidates are not allowed in presidential, municipal, or primary elections.
[ACA §§7-5-525, 7-8-302, 14-43-202]
A. Be a natural-born citizen of the United States,
B. Be at least 35 years of age, and
C. Be a resident of the United States at least 14 years. U.S. Const., art. II §(5)
A. Declarations of Write-In Candidacy – Presidential Elector
1. Voters in the November General Election are technically voting for the 55
presidential elector candidates, not directly for the candidates for President and
Vice-President. Therefore, in order to be a write-in candidate, a person must have
55 write-in presidential elector candidates file papers pledging themselves to the
2. The 55 write-in elector candidates for presidential elector who have pledged
themselves to vote for a candidate for President and a candidate for Vice-
President must file declarations of write-in candidacy, which must be received by
the Secretary of State on or before October 21, 2008 (E-14).
§§ 8650, 8651, 8652, 86531
There are two variations of the declaration form:
a. Declaration of Write-In Candidacy-Presidential Elector (Multiple Signature
Form — this form includes spaces for more than one presidential elector write-
in candidate to sign). See attached sample.
b. Declaration of Write-In Candidacy-Presidential Elector (Single Signature
Form — this form allows each of the 55 presidential elector write-in candidates
to sign and submit separate forms). See attached sample.
In addition to the elector candidate’s name, these forms must also include the
elector candidate’s residence address, the date of the general election, a statement
stating that he or she is a write-in candidate for the office of presidential elector,
an oath of office which must be signed in front of an officer authorized to
administer oaths, such as a county elections official or a notary public, and the
names of the presidential and vice-presidential candidates to whom the elector
candidate is pledged. § 8651
The declaration of write-in candidacy must be filed with the Secretary of State in
person or by mail. Please send your documents to:
Office of the California Secretary of State
ATTN: Candidates & Elections
1500 11th Street, 5th Floor
Sacramento, CA 95814
Please indicate on the envelope “Declaration of Write-In Candidacy.” The
Declaration of Write-In Candidacy must be received by the Secretary of State no
later than October 21, 2008 (E-14). § 8652
3. No filing fee is required to file as a write-in candidate for presidential elector.
Notes: Similar to other states that require the write-in candidate to file their intention of being a write-in candidate.
JANUARY 2, 2008
WRITE-IN REGISTRATION — PRESIDENTIAL CANDIDATES. First day write-in
candidates for president can register as write-in candidates with the
Secretary of the State. Registration must include names of vice-presidential
candidate and seven Connecticut electors to serve as presidential electors.
OCTOBER 21, 2008
WRITE-IN REGISTRATION — ALL CANDIDATES. Last day that write-in
candidates for any office being contested at election may register with
Secretary of the State. (Secs. 9-175 and 9-373a)
No information found that says that a write-in candidate must register. Only that a write-in cannot be done during the primary election.
Write-in candidates may have a blank space provided on the general election ballot for their names to be written in if:
(1) the candidate files an Oath of Candidate (Form DS-DE 85) with the Division of Elections between 8 a.m., July 1 and Noon, July 8, 2008. Form DS-DE 85 may be downloaded from the Division of Elections website at http://election.dos.state.fl.us/forms/pdf/DSDE85.pdf (pdf); and
(2) not later than August 29, 2008, the candidate submits a list containing the names and addresses of 27 persons to serve as electors to the Department of State.
Copyright 2007 by The State of Georgia
All rights reserved.
*** Current through the 2007 Regular Session ***
TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS
PART 1. GENERAL PROVISIONS
O.C.G.A. § 21-2-133 (2007)
§ 21-2-133. Giving notice of intent of write-in candidacy; filing of affidavit; limitations on candidacy; certification of candidates
(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; or no later than seven days after the close of the special election qualifying period for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state;
(2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or
(3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election.
(b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1), (2), or (3) of subsection (a) of this Code section, a copy of the notice as published with an affidavit stating that the notice has been published and including the name of the newspaper and the date of publication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher.
(c) No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff.
(d) No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary.
(e) The Secretary of State or appropriate municipal official shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State or appropriate municipal official.
HISTORY: Code 1933, § 34-1017, enacted by Ga. L. 1978, p. 1004, § 17; Ga. L. 1979, p. 963, § 1; Ga. L. 1987, p. 417, § 1; Ga. L. 1987, p. 1360, § 6; Ga. L. 1989, p. 682, § 1; Ga. L. 1997, p. 590, § 9; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 6; Ga. L. 2001, p. 230, § 5; Ga. L. 2001, p. 269, § 6; Ga. L. 2001, Ex. Sess., p. 325, § 3; Ga. L. 2002, p. 437, § 1; Ga. L. 2005, p. 253, § 15/HB 244.
I. PRESIDENTIAL PETITION PROCESS
A. NOTARIZED STATEMENT OF INTENT (HRS §11‑113(c)(2))
Prior to receiving the petition forms, the independent candidate/party shall submit to the chief election officer
1. a completed application form; and
2. a notarized statement
from each candidate of their intent to be a candidate for president and vice president on the general election ballot in the State of Hawaii.
B. PETITION FOR QUALIFICATION (HRS §11‑113(c)(2))
Upon receipt of the completed application form and notarized statement of intent, the chief election officer shall issue to the independent candidate the petition forms.
1. The petition shall be filed with the chief election officer not later than 4:30 p.m. on the 60th day prior to the general election.
The deadline to file the petition is Friday, September 5, 2008.
2. The petition shall:
a. contain 4,317 signatures of currently registered voters in the State of Hawaii which constitute not less than one per cent of the votes cast in the State at the last presidential election (in the 2004 presidential election there were 431,662 votes cast);
b. be upon a form prescribed and provided by the chief election officer and shall contain the names of both candidates;
c. contain a statement that the persons signing intend to support those candidates;
d. contain the address of each signatory and the date signed; and
e. The Chief Election Officer may require other information as he or she determines appropriate for the petition form.
3. The applicant, and the candidates named, shall be notified in writing of the applicant’s or candidate’s eligibility or disqualification for placement on the ballot not later than 4:30 p.m. on the 10th business day after filing. The chief election officer may extend the notification period up to an additional five business days if the applicants and candidates are notified.
4. If the applicant, or any other party, individual, or group with a candidate on the presidential ballot, objects to the finding of eligibility or disqualification the person may, not later than 4:30 p.m. on the 5th day after the finding, file a request in writing with the chief election officer for a hearing on the question. A hearing shall be called not later than 4:30 p.m. on the 10th day after receipt of request, and shall be conducted in accord with HRS Chapter 91. A decision shall be issued not later than 4:30 p.m. on the 5th day after the conclusion of the hearing.
34-1407. Write-in candidates. No write-in candidate for any nonpartisan elective office shall be counted unless a declaration of intent has been filed indicating that theperson desires the office and is legally qualified to assume the duties of the office. The declaration of intent shall be filed with the election official not less than twenty-five (25) days before the date of the election.
If the statutes governing elections within a specific political subdivision provide that no election shall be held in the event that no more than one (1) candidate has filed for an office, that statute shall be interpreted in such a manner as to allow for filing a declaration of intent for a write-in candidate until twenty-five (25) days preceding the election. However, if no candidate has filed within that time, no election shall be held for that political subdivision. The provisions of this section shall not apply to candidates in the primary or general election covered by the provisions of section 34-702A, Idaho Code. (History: S.L. 1992, Ch. 176; S.L. 1993, Ch. 313; S.L. 1997, Ch. 362)
D. WRITE-IN CANDIDATE PROCEDURES
Write-in candidates must file a notarized declaration of intent to be a write-in candidate not later than the 61st day before the election, with the proper election authority or authorities in those jurisdictions in which they are seeking to be a write-in candidate (i.e., a write-in candidate for President must file a Declaration of Intent with every county clerk and board of election commissioners in the State). If a candidate who filed nomination papers is removed from the ballot after the 61st day prior to the election (due to an objection filed against the candidate), the candidate may file a declaration of intent to be a write-in candidate not later than the 7th day before the election. A list of the names and addresses of all Illinois election authorities is available on the Board’s website at http://www.elections.il.gov Declaration of Intent forms are not filed with the State Board of Elections. (10 ILCS 5/7-59, 17-16.1, 18-9.1)
A candidate for whom nomination papers have been filed as a partisan candidate at a primary election, and who is defeated for nomination, may not file a declaration of intent to be a write-in candidate at that General Election. (10 ILCS 5/17-16.1, 18-9.1)
Forms for the write-in declaration can be obtained from the election authority or the State Board of Elections.
E. Write-in Candidates
1. Filing Requirements
Indiana law provides that only votes for declared write-in candidates are counted. (IC 3-12-1-1.7(a))
A person who desires to be a write-in candidate for the office of United States President or Vice President in the general election on Tuesday, November 4, 2008 must file a declaration of intent to be a write-in candidate (CAN 3 form) with the Election Division. (IC 3-8-2-2.5)
The CAN-3 form is available from the Election Division’s office, on the Division’s website, and is included in this Guide under the Candidate Forms tab.
The first day a write-in candidate may file the CAN-3 form with the Election Division is Wednesday, January 2, 2008 and the DEADLINE for filing is 12:00 noon, Indianapolis time, Thursday, July 3, 2008. (IC 3-8-2-2.5; IC 3-8-2-4; IC 3-8-2-5; IC 3-11-2-11.5)
CAUTION: The Indiana General Assembly has changed the filing deadlines since the last Presidential elections. The first day a candidate used to be able to file a declaration to be a write-in candidate was in August, and the last day a candidate used to be able to file a declaration to be a write-in candidate was in September.
No information is up yet here: http://www.sos.state.ia.us/elections/electioninfo/General/Pres.html
Write-in candidates must file an affidavit of write-in candidacy with the Secretary of State’s office by noon October 27, 2008. [KSA 25-305(b)]
GENERAL ELECTION FOR THE OFFICE OF
PRESIDENT/VICE – PRESIDENT
Filing Form #SBE/SOS/02 – Presidential/Vice Presidential
Candidates’ Intent to be a Write-in
Candidates may seek the Office of President/Vice President as write-in
candidates by filing with the Secretary of State a Declaration of Intent to be a
A person shall be ineligible as a write-in candidate for more than one (1) office
in a general election. Write-in votes shall be counted ONLY for candidates for
election to office who have filed with the Secretary of State a declaration of intent
to be a write-in candidate.
The declaration of intent must be filed not less than ten (10) days preceding the
date of the general election. The filing fee for filing as write-in candidates for
President and Vice President is $50.00. As provided on declaration of intent to be a
write-in candidate filing form, the names of the pledged presidential electors must
be listed. The names of candidates for President and Vice President shall be certified
in lieu of certifying the names of the candidates for presidential electors.
All write-in or sticker votes should include the correct name and address of the candidates, but the courts have decided that a vote should be counted whenever the intent of the voter can reasonably be determined, even if the voter omits the candidate’s address or makes a mistake in the name or address. However, such votes are counted for the office where the name is written or sticker placed.
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- Washington, DC
- West Virginia
(Note: The above information is deemed to be accurate, but the website owner is not liable for any misinformation from with the above information or from the above sources.)