ECZ clarifies ballot marking rules, says cross not only valid mark

The Electoral Commission of Zambia (ECZ) has reiterated its position on the marking and validity of ballot papers ahead of the 2026 General Elections, following what it described as misleading statements by some stakeholders. Commission Chief Electoral Officer, Brown Kasaro, expressed concern over the comments by some political party leaders regarding how ballots should be marked and what constitutes a valid vote. In a statement issued in Lusaka on Monday, Kasaro explained that the law governing ballot marking was contained in Section 60 (6) (b) of the Electoral Process Act No.

35 of 2016, which sets the standard for how a voter should indicate their choice. He further referenced the Electoral Process (General) Regulations, 2016, noting that while voters were instructed to use a cross, the law also provides guidance on when a ballot should be rejected. “The law does not prescribe a cross as the only mark that may be used,” Kasaro stated.

He pointed to Regulation 46 of the 2016 Regulations as key to determining validity, saying it must be read together with Regulation 33(d) which instructs voters to use a cross. Kasaro clarified the conditions under which a ballot marked without a cross can still be counted. “A ballot paper on which the vote is marked otherwise than by means of the cross; shall not by that reason be invalid if the intention of the voter clearly appears on it, and the manner in which the paper is marked does not of itself identify the voter and it is not shown that the voter can be identified,” he stated.

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Kasaro said the Commission’s position was not new and had been applied consistently in previous elections and the same practice had been in place since 2006. He urged all stakeholders to be accurate in public communication during the election period. “The ECZ urges all stakeholders to provide accurate information to the public and to avoid statements that may unnecessarily confuse voters or undermine confidence in the electoral process, particularly during this critical period,” Kasaro said.

He maintained that what matters in determining validity was whether the voter’s intention was clear and whether the ballot meets the legal requirements. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR

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