Brownson v. Andrews

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition challenging three write-in ballots cast in favor of respondent Russell Andrews. Election Law § 8-308 (3) “mandates, in clear and unequivocal terms, that ‘[a] write-in ballot must be cast in its appropriate place on the machine, or it shall be void and not counted’ ” (Matter of Haynie v Mahoney, 48 NY2d 718, 719). Although the challenged ballots were cast in column four as opposed to column three, the court permissibly found that under the circumstances the three write-in ballots were cast in the…