DPP president Antonio Mwanza says Zambia’s electoral law does not automatically invalidate a ballot paper simply because a voter used a clear mark other than an X.
Mwanza made the argument amid public debate over the Electoral Commission of Zambia’s clarification that a tick, dash or another single mark may be accepted when it clearly identifies the voter’s preferred candidate.
He said the debate should be guided by the Electoral Process Act No. 35 of 2016 and the Electoral Process (General) Regulations, 2016, rather than treated as a wholly new voting procedure.
What the Electoral Process Act says
Section 60(6)(b) of the Electoral Process Act requires a voter to mark the ballot paper in a way that indicates the candidate the voter wishes to support. The provision does not state that an X is the only possible mark.
Section 68(2)(d) requires a presiding officer to reject a ballot when it is marked in a way that makes it not reasonably possible to determine the voter’s choice. Read together, those provisions place emphasis on whether the voter’s intention can be established.
What the 2016 regulations add
Regulation 46(2) of the Electoral Process (General) Regulations, 2016 addresses a ballot marked otherwise than by a cross. It says such a ballot is not invalid merely for that reason if the voter’s intention clearly appears and the way it is marked does not identify the voter.
The wording broadly supports Mwanza’s central point that a tick or another clear mark is not automatically illegal. Acceptance still depends on the ballot clearly indicating one choice and not carrying an identifying feature.
Why an X remains the safest instruction
The distinction is important. The law governs how ballots are assessed, while ECZ’s official voting instructions tell voters how to mark them correctly. A voter should therefore follow the instructions printed on the ballot paper and use an X unless ECZ directs otherwise.
Using the prescribed mark reduces uncertainty and the risk of a ballot being disputed during counting. Voters should not mark more than one candidate, add a name, signature or identifying symbol, or make a mark that leaves their choice unclear.
Mwanza rejects claims of a new procedure
Mwanza said the relevant Act and regulations have been in force since 2016 and rejected suggestions that ECZ would be breaking the law by recognising a clear mark other than an X.
He also referred to what he described as the ECZ 2026 Election Trainer’s Manual, saying it recognises a ballot on which the mark is not a cross but the voter’s choice remains clear. The cited manual passage was not independently available for verification at the time of publication.
What voters should remember
- Follow the official ECZ instructions provided at the polling station.
- Use an X in the space provided unless ECZ gives a different instruction.
- Make only one clear choice and avoid any mark that could identify you.
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Sources: Statement attributed to DPP president Antonio Mwanza; Electoral Process Act No. 35 of 2016; Electoral Process (General) Regulations, 2016. Featured image: File photo.
