Can you draw a raffle winner online in New York?

Q: Can you draw a raffle winner online in New York?

No. New York requires a physical drawing even when every ticket was sold online. The Commission's application reminds each organization that a raffle drawing may not occur electronically. The regulation and statute it points to describe the rest: the method is announced first, the drawing is conducted openly and in plain view of the buyers present, bona fide members of the organization run it, and the winner does not have to be there to win. Online tickets go into the same drawing as paper ones.

Q: What does the rule say?

The Commission's Internet/Mobile application states that all raffle drawings must comply with Commission regulations and that a raffle drawing may not occur electronically. The regulation requires the method to be announced before any ticket is drawn and the drawing to be conducted openly and in plain view of the ticket purchasers present.

Q: What does a compliant drawing look like?

The method is announced before any ticket is drawn; every ticket sold, online or on paper, has an equal chance; the drawing is open and in plain view of the buyers present; bona fide members of the organization who are 18 or older conduct it; and no one is paid to run it.

Q: Where can the drawing be held?

On the organization's own premises, another authorized organization's premises, or municipally owned property without extra paperwork. A drawing anywhere else, or in another municipality, requires the Commission's Raffle Consent Form (GC-RCF) at least 45 days ahead, within the home county or a contiguous county.

Q: How do online tickets get into the drawing?

Each online ticket is a numbered record carrying the purchaser's name, address and telephone number, exactly like a paper stub. The organization obtains those stubs from its supplier and places them in the drawing with any paper tickets.

Q: Does an online buyer have to be there?

No. The law states that the winner of any raffle prize is not required to be present, and every ticket must say that ticket holders need not be present to win. Notifying the winner afterward is the organization's job.

What does the rule say?

Two sentences in the Commission's own documents settle it. The first is a reminder printed on the application every organization files before selling online.

"Drawings. All raffle drawings must be conducted in compliance with Commission regulations. (See 9 NYCRR §4620.22(b)). A raffle drawing may not occur electronically."

Internet/Mobile Raffle Ticket Sales Application (Rev. 9/2024), Important Reminders

The second is the regulation it points to, which describes a drawing people can watch.

"(3) The method of drawing and determining the winning ticket(s) shall be clearly announced and described prior to drawing a ticket. (4) Each drawing shall be conducted openly and in plain view of the ticket purchasers present."

9 NYCRR § 4620.22(b)(3) and (4)

A winner picked by software is a drawing that occurs electronically. Selling tickets online changes only how the tickets are sold, and the winner is still chosen by the same physical drawing the rules require for every raffle.

What does a compliant drawing look like?

Announce the method first. Before the first ticket is pulled, say how the drawing works and how the winner will be determined.
Every ticket has an equal chance. The equipment rule requires that each and every ticket to participate shall have an equal opportunity to be drawn. Online tickets and paper tickets go into the same drawing on the same terms.
Open and in plain view. The drawing happens where the buyers who came can see it.
Your own members run it. Only bona fide members of your organization (or of its auxiliary or affiliate) may operate a raffle, nobody may be paid for it, and anyone assisting with the drawing has to be 18 or older.

"No person except a bona fide member of the licensed authorized organization shall participate in the management of such games; no person except a bona fide member of the licensed authorized organization, its auxiliary or affiliated organization, shall participate in the operation of such game, as set forth in section one hundred ninety-five-c of this article."

General Municipal Law § 189(10)

Where can the drawing be held?

On your organization's own premises, on another authorized organization's premises, or on municipally owned property, no extra paperwork is needed. A drawing anywhere else, including a restaurant or a rented hall, or in a municipality other than your own, needs the municipality's written consent through the Commission, and it has to be within your county or a contiguous county.

"This form must be completed by an authorized organization that intends to sell raffle tickets or conduct a raffle drawing in a municipality other than the city, town or village within which it is domiciled, or intends to hold a raffle drawing on other than its premises, the premise of another authorized organization or municipally owned property. This form must be submitted to the NYS Gaming Commission at least 45 days prior to the start of such raffle ticket sales or raffle drawing and will be submitted to the respective municipalities on the organization's behalf."

NYSGC Form GC-RCF, Raffle Consent Form (Rev. 8/2024), instructions

The date, time and place of the drawing are printed on every ticket, so settle the location before tickets go on sale.

How do online tickets get into the drawing?

The same way paper tickets do. Every ticket, online or printed, has a consecutively printed serial number, and every stub carries the purchaser's name, address and telephone number. Ask your supplier how it produces the online stubs, so they can go into the drum alongside any paper tickets. The drawing then proceeds as above.

"each ticket stub or receipt shall reflect the name, address and telephone number of the ticket purchaser, and the consecutively printed serial number of the ticket."

9 NYCRR § 4620.22(a)(1)(vii)

Does an online buyer have to be there?

No. The law says so, and every ticket carries the statement "Ticket holders need not be present to win." Reaching the winner afterward is your organization's job, using the contact details on the stub.

"The winner of any single prize in a raffle shall not be required to be present at the time such raffle is conducted."

General Municipal Law § 189(13)(e)

Where RFFL fits

RFFL does not select winners. New York requires the physical drawing described above, so what the platform gives you is a printable export of every online ticket with its serial number and purchaser details, and the online stubs go into your drawing with everything else. Notifying the winner and awarding the prize remain your organization's responsibility. Details are on the platform page, and Reggie can answer a question about your organization's situation.

Sources

NYSGC Internet/Mobile Raffle Ticket Sales Application (Rev. 9/2024), Important Reminders (drawings; management and operation; no pay)
9 NYCRR § 4620.22(a) (equipment and ticket contents) and (b)(3) to (4) (method announced; open and in plain view)
General Municipal Law § 189, subdivisions 10 (members only), 11 (no pay), 13(b) (drawings outside the premises) and 13(e) (winner need not be present)
NYSGC Guidelines for Conducting Raffles (Rev. 8/2024), drawings on other premises and the Raffle Consent Form; persons 18 or older
NYSGC Raffles page, which links Form GC-RCF (Raffle Consent Form)

This page is educational. It summarizes the rules as published by the New York State Gaming Commission and is not legal advice. Where this page and the Commission's documents differ, the documents control, and for your organization's own situation you should check with the Commission or your counsel.