Qualifying for the Ballot in New York: Avoiding the Town/City Trap
By: Joseph T. Burns and Avi Zagelbaum
As New York State candidates prepare to gather signatures on designating petitions later this month, organizers should take care to ensure that the signatory’s information is correctly placed on the petition. One of the most common pitfalls in this process has been the problem of signers incorrectly stating their town or city (or county in New York City) of residence. The Election Law’s requirement that signers properly state their town or city remains good law and was reaffirmed by the courts in 2025.
Because every voter in the State of New York resides in a city or town, the Election Law requires that the petition signer’s city or town of residence be placed on the same line as their signature. In New York City, the signer’s county of residence must be listed instead of the city or town (New York City is comprised of five counties). A signer’s hamlet, for instance, instead of the town or city on this line, would cause the signature to be invalidated.
The validity of the town or city requirement was addressed by New York State’s highest court in 2002. The Court of Appeals found that the Election Law’s requirement that the signer’s town or city be properly stated on the signer’s line was valid. In its unanimous decision, the Court of Appeals stated that if this requirement were to be eliminated, it would need to be done by the state legislature, not the courts.
Last year, this requirement was reaffirmed by the courts. The Fourth Department unanimously affirmed a trial court decision to invalidate 58 signatures on the designating petition of a candidate for county legislature because the signers had improperly stated their town or city of residence. Earlier in 2025, a trial court in Onondaga County found that this requirement remained valid, dismissing a proceeding where a candidate for a party position sought to validate a designating petition that had been invalidated by the Board of Elections because signers of the petition improperly stated their town or city of residence.
Given these recent decisions, it’s hard to see New York’s courts altering their longstanding interpretation of this requirement of the Election Law. If this requirement is to be eliminated, or even relaxed, it will likely have to come from the state legislature through an amendment to the Election Law. Until then, courts will almost certainly continue to mandate the strict compliance required by this provision of the Election Law.
Understanding the nuances of New York’s ballot access rules isn’t easy. Even campaign veterans and longtime officeholders can be tripped up by the ins and outs of New York’s ballot access law. Candidates, campaign staff, party leaders, and political consultants should seek advice from experienced counsel before and throughout the petition process.
