The X is not the only mark allowed by law – Antonio Mwanza

The X is not the only mark allowed by law – Antonio Mwanza

DEMOCRATIC Progressive Party (DPP) president Antonio Mwanza has defended the Electoral Commission of Zambia (ECZ)’s position that a tick or another clear mark can be valid on a ballot paper, saying the law does not restrict voters to using only an X.

Mwanza said the debate surrounding the issue should be guided by the Electoral Process Act No. 35 of 2016 and the Electoral Process (General) Regulations, 2016, rather than claims that ECZ has introduced a completely new voting procedure.

He said the two pieces of legislation have been in existence since 2016 and already provide for circumstances where a ballot marked with something other than an X can still be considered valid.

Mwanza said Section 60 of the Electoral Process Act does not state that a voter must use an X, but requires the voter to mark the ballot paper in a manner that indicates the candidate they wish to vote for.

He further cited Section 68(2)(d), which provides for rejection of a ballot where it is marked in such a way that it is not reasonably possible to determine the voter’s choice.

“The law focuses heavily on whether the voter’s choice can be determined and not whether the voter uses the X or another mark,” Mwanza said.

He said Regulation 46(2) of Statutory Instrument No. 63 of 2016 specifically addresses ballots marked otherwise than by means of a cross.

According to Mwanza, the regulation states that such a ballot should not be considered invalid merely because it was not marked with a cross, provided the voter’s intention clearly appears on it and the mark does not identify the voter.

He said the law therefore allows a mark such as a tick to potentially be accepted if it clearly shows which candidate the voter intended to support.

Mwanza acknowledged that the official ballot paper instructions prescribe an X as the normal method of voting, but said this does not automatically invalidate every ballot bearing another mark.

He further referred to the ECZ 2026 Election Trainer’s Manual, which he said recognizes a ballot where “the mark is other than a cross [X] but choice of voter is clear.”

Mwanza also said the manual provides for circumstances where the voter makes any mark in a single line indicating their choice.

He has since dismissed suggestions that ECZ is breaking the law by recognizing ticks and other marks on ballot papers.

“The X is NOT the only mark that is allowed by law and a tick or any other mark is not automatically illegal under the Electoral Process Act No. 35 of 2016 and the Electoral Regulations, 2016 as long as the mark clearly shows which candidate a voter intended to vote for,” he said.

“There is nothing new here, these are the rules and regulations that ECZ has been applying since 2016,” he said.

His comments come amid debate surrounding ECZ’s recent clarification that a tick, X, dash or another single mark can be accepted on a ballot paper, provided it clearly indicates the voter’s preferred candidate.

Kalemba August 10, 2026