ABOUT THE X AND TICK ON THE BALLOT PAPER
ABOUT THE X AND TICK ON THE BALLOT PAPER
A debate is rapidly unfolding over whether voters must mark an “X” on the ballot paper or whether a tick (✓) is equally valid in the forthcoming General Election.
Many people believe that only an“X” is allowed because Regulation 33(d) of the Electoral Process (General) Regulations, 2016 states that a voter should mark the ballot paper with a cross.
However, that is only part of the legal picture.
The Electoral Process Act itself has never specifically required voters to use an “X”. Since 2016, the Act has simply stated that a voter should mark the ballot paper in a way that shows which candidate the voter wants to vote for.
In May this year, Parliament amended section 60(6) of the Electoral Process Act. The amended law still says that a voter should mark the ballot paper in a way that indicates the candidate the voter intends to vote for. In other words, Parliament again chose not to specify that voters must use an “X”.
The most important provision may actually be Regulation 46(2) of the Electoral Process (General) Regulations, 2016. That regulation states that a ballot paper is not invalid simply because it is marked with something other than a cross, as long as the voter’s intention is clear, the mark does not identify the voter, and there is no uncertainty about which candidate was chosen.
Put simply, the Regulations tell voters to use an“X”, but they also recognise that a ballot paper does not automatically become invalid just because a voter used a different mark. The key question is whether it is clear who the voter intended to vote for.
Therefore, while the Electoral Commission of Zambia has traditionally educated voters to use an“X”, there appears to be a strong legal basis for the view that a tick (✓), a line, or another clear mark may also be accepted, provided it clearly shows the voter’s choice and does not create confusion.
The law seems to place greater importance on the intention of the voter than on the exact shape of the mark used on the ballot paper.
It would appear that intention is everything!