ECZ insists ballot papers valid without a cross, cites law amid rising dispute

The Electoral Commission of Zambia (ECZ) has firmly restated its legal position regarding ballot paper validity ahead of the polls, clarifying that a vote will not be rejected simply because a citizen failed to mark it with a traditional cross. Addressing mounting public debate and conflicting interpretations floated by various political stakeholders, Commission Chief Electoral Officer Brown Kasaro stressed that the primary legal threshold for a valid vote is the clear manifestation of the voter's intent. Elaborating on the statutory framework, the ECZ pointed to Section 60 (6) (b) of the Electoral Process Act No. 35 of 2016, alongside Regulation 46 (2) (b) of the Electoral Process (General) Regulations, 2016. While acknowledging that Regulation 33 (d) directs voters to utilize a cross when casting their ballot, the Commission explained that the absence of a cross does not automatically render a paper void. Provided the mark unequivocally demonstrates preference without accidentally identifying the individual voter, the ballot remains fully valid. This administrative guidance has triggered diverse reactions across the political spectrum and civil society. Legal scholars and political commentators have engaged in robust discussions over the interplay between prescriptive instructions and broader interpretative regulations. Critics argue that any deviation from the prescribed cross risks administrative inconsistencies at polling streams, whereas proponents of the ECZ stance maintain that prioritizing voter intent safeguards democratic participation and prevents unnecessary disenfranchisement due to minor technicalities. The Commission has underscored that this interpretation is far from novel, noting that it has been applied consistently across multiple electoral cycles since 2006. Electoral authorities have continuously urged political actors, media houses, and civic educators to exercise utmost accuracy when communicating voting procedures to the public. Mislea