ABSTRACT

This chapter discusses Write–in Voters, wish to cast a vote for a candidate not listed on the ballot. Forty–five states and the District of Columbia permit write–in votes; voters may write the name of their preferred candidate on the ballot in a special location. The election officials later count the ballots, they count the number of votes cast for each candidate, including the write–ins. For instance, a candidate could appear on a nonpartisan primary ballot by filing nominating papers with fifteen to twenty–five signatures and then advance to the general election by receiving only 10 percent of the primary vote. The US Supreme Court held that a state's burden to justify its election laws varied with the burden imposed on individual voters. Write–in Voters can be important in an election system, but they are probably not constitutionally required when a state provides fairly easy access to the ballot. The fundamental liberty of voting in elections is not compromised.