Miles may go to jail for two years over ballot paper photo; ECZ says it has not yet seen image in question
THE ELECTORAL Commission of Zambia—ECZ says it has not yet seen the circulating picture purportedly depicting Miles Sampa displaying how he voted, an act which could amount to an offence under Section 91(1) of the Electoral Process Act, which prohibits publicly communicating how one voted.
Yesterday, ECZ urged members of the public to desist from sharing pictures of their marked ballot papers, warning that doing so is an offence punishable by law if found wanting.
Addressing the media during yesterday’s briefing, ECZ Chief Electoral Officer Brown Kasaro said the Commission had noted with concern an increase in the number of marked ballot papers being circulated online.
“The Commission has noted with concern, an increase in the number of marked ballot papers circulating online. I wish to urge voters to desist from capturing marked ballot papers as they vote.
“Please note that Section 91(1) of the Electoral Process Act makes it an offence when a voter, or any person, publicly communicates the manner in which they vote. The Commission will engage appropriate law enforcement agencies to prosecute anyone found wanting in this respect,” Kasaro said.
And last evening, while giving an update on polling day, a stakeholder asked the Commission whether it had engaged relevant law enforcement agencies over the picture purportedly showing Miles Sampa displaying how he voted.
In response, the Chief Electoral Officer said the Commission had not yet seen the image in question, but insisted that disclosing how one voted remains an offence punishable by law.
“I have not yet seen the picture in question [of Miles Sampa]. Nonetheless, what was stated earlier remains that the law is very clear: the disclosure of one’s vote by way of capturing a picture of the ballot paper and sharing that is an offence.
“So, this photo in question or the information in question has not been brought to the attention of the Commission yet. But I want again to repeat; it remains an offence to disclose how one voted by taking a photo of the ballot paper and sharing it publicly,” Kasaro said.
According to Section 91(4) of the Electoral Process Act, anyone convicted of divulging a secret ballot is liable to imprisonment for a period not exceeding two years, or to a fine, or both.
-TV Yatu | David Kashiki | August 14, 2026.