Ballot Brouhaha: How Basic Voting Rules Became 'Evidence' of Fraud
When social media magnates and election skeptics scrutinized New York City's ballots, they mistook voting laws for conspiracy—and exposed a dangerous pattern of disinformation.
On November 4, 2025, as New Yorkers lined up to vote in their mayoral election, billionaire X owner Elon Musk took to his platform with an alarming declaration: "The New York City ballot form is a scam!" He pointed to candidates appearing twice on ballots and former Governor Andrew Cuomo's placement at the bottom as undeniable proof of election rigging.
It sounded convincing to his millions of followers. But it wasn't true—not in any meaningful way.
"Vote NYC. Vote Here" sign at a polling location. Photo by Oleg Yunakov, November 7, 2023. Licensed under CC BY-SA 4.0.
The Fusion Voting Reality
What Musk and others dismissed as "scam" is actually a legal practice called fusion voting—a system enshrined in New York law since the mid-20th century. Under this system, candidates can appear on the ballot multiple times if nominated by different political parties.
This year, Democratic nominee Zohran Mamdani appeared twice—once as the Democratic candidate and once as the Working Families Party nominee. Republican Curtis Sliwa similarly appeared as both the Republican candidate and the "Protect Animals" party candidate.
"This occurs pretty frequently and it enables the Democratic candidate to get the votes of people who don't normally vote for Democrats and Republicans to get the vote of people who don't vote Republican etc.," explained Richard Briffault, an election law expert and professor at Columbia Law School. New York is one of only a handful of states where fusion voting remains legal and commonly used.
Why Cuomo Landed at the Bottom
As for Andrew Cuomo's placement at the bottom of the ballot—that too followed established rules, not rigging. Cuomo, who lost the Democratic primary to Mamdani in June, created his own independent party called "Fight and Deliver" to continue his campaign.
Under New York state law, recognized political parties (Democratic, Republican, Conservative, and Working Families) appear first on ballots, in order of their performance in the previous gubernatorial election. Independent parties like Cuomo's appear below them, ordered by when they filed their nominating petitions.
"In the case of the New York City Board of Elections, this is determined by the date and time stamp when the independent nominating petition was filed with that board," explained Kathleen McGrath, a spokesperson for the New York State Board of Elections. Cuomo's party was the fourth of five independent parties to submit petitions, landing him in the eighth position.
"Cuomo is only listed once because he was only nominated once, and he is low in the order because no recognized political party nominated him," said Mark Lindeman of Verified Voting. "Surely Elon Musk has people who could have looked this up for him."
The Disinformation Playbook
This isn't the first time legitimate election procedures have been weaponized as "evidence" of fraud. From ballot drop boxes to mail-in voting rules, technical aspects of election administration have consistently become targets for those seeking to undermine confidence in democratic processes.
What's particularly troubling about the NYC ballot controversy is how easily debunked it was. The rules governing ballot design are public, longstanding, and clearly explained on the Board of Elections website. Yet within hours of polls opening, false claims were amplified to millions.
This pattern—where basic election mechanics are portrayed as nefarious plots—does far more damage to our democracy than any hypothetical ballot manipulation ever could. When citizens are taught to see routine procedures as evidence of conspiracy, the very foundation of electoral legitimacy erodes.
As one veteran New York election official put it off the record: "We follow the same rules every election cycle. The only thing that's changed is how willing powerful people are to deliberately misinterpret those rules for political gain."
Protecting Democracy Through Education
Election officials nationwide emphasize that voter education is the strongest defense against disinformation. The New York City Board of Elections offers public workshops explaining ballot design and voting procedures well before each election cycle. Similar programs exist in counties across America, though they often lack sufficient funding and media attention.
"The solution isn't just debunking false claims after they spread," says Lawrence Norden, Senior Director of Election Reform at the Brennan Center for Justice. "It's proactively teaching voters how elections actually work. Most Americans don't know the intricate rules governing ballots because they've never needed to—until now."
For concerned citizens wanting to verify election information, experts recommend consulting official county or state election websites directly rather than relying on social media posts—even from influential figures. Organizations like the National Conference of State Legislatures and the U.S. Election Assistance Commission provide nonpartisan explanations of voting systems and rules by state.
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