ECZ Maintains Position on Ballot Paper Validity
By Arnold Tutu
The Electoral Commission of Zambia –ECZ- says a ballot paper should not be declared invalid simply because a voter has used a mark other than a cross, provided the voter’s intention is clear.
ECZ Chief Electoral Officer BROWN KASARO says the law requires voters to mark their ballot papers in a manner that clearly indicates the candidate they wish to vote for.
Mr. KASARO says this is provided for under Section 60 (6) (b) of the Electoral Process Act No. 35 of 2016.
He says although Regulation 33(d) of the Electoral Process (General) Regulations, 2016 instructs voters to use a cross when marking their ballot papers, the provision should be read together with Regulation 46, which sets out the circumstances under which a ballot paper should be rejected.
Mr. KASARO says Regulation 46(2)(b) provides that a ballot marked otherwise than by a cross should not be rejected solely for that reason if the voter’s intention is clear and the mark does not identify the voter.
He says the ECZ therefore maintains its earlier position on the marking and validity of ballot papers.
Mr. KASARO told ZNBC news in a statement that there is a distinction between how voters are instructed to mark a ballot and the criteria used to determine whether the ballot is valid.
He said voters are instructed to use a cross, but the absence of a cross does not, on its own, make a ballot invalid.
Mr. KASARO said what matters is whether the voter’s intention is clear and whether the ballot meets the legal requirements for validity.
He said the position has been applied in elections since 2006 and does not constitute a new interpretation of the law.
Mr. KASARO has since urged all stakeholders to provide accurate information to the public and avoid statements that could confuse voters or undermine confidence in the electoral process.
The statement follows concerns raised by some stakeholders, including political party leaders, regarding the marking and validity of ballot papers.