Zambia's Election Integrity Under Fire: ECZ's Ballot Marking Rules Spark National Debate

The political landscape in Zambia is marked by intense debate surrounding ballot paper validity and divergent campaign strategies in the days leading up to the 2026 General Elections. Central to the controversy is the Electoral Commission of Zambia (ECZ)'s clarification that a tick or another clear single mark, besides the traditional 'X', can be accepted on a ballot paper, provided the voter's intention is unambiguous and the mark does not identify the voter. This position has been both staunchly defended by the ruling party and strongly challenged by the opposition.

Antonio Mwanza, president of the Democratic Progressive Party (DPP), has vocally supported the ECZ's stance, asserting that the Electoral Process Act No. 35 of 2016 and the Electoral Process (General) Regulations, 2016, do not restrict voters to using only an 'X'. Mwanza cited Section 60 of the Act, which requires voters to mark the ballot in a manner indicating their chosen candidate, without specifying the 'X' mark. He further referenced Section 68(2)(d), which mandates ballot rejection only if the voter’s choice cannot be reasonably determined. Emphasizing the law's focus on clear voter intent rather than the specific mark, Mwanza also pointed to Regulation 46(2) of Statutory Instrument No. 63 of 2016, which stipulates that a ballot marked otherwise than by a cross should not be invalidated if the voter's intention is clear and the mark does not identify them. He noted that even the ECZ 2026 Election Trainer’s Manual acknowledges the validity of marks other than an 'X' when the voter's choice is evident, dismissing claims that the ECZ is introducing new, illegal procedures, stating these rules have been in place since 2016.

Echoing Mwanza’s sentiments, ECZ Chief Electoral Officer Brown Kasaro reiterated the Commission’s consistent position, which he stated has been applied in elections since 2006. Kasaro explained that while Regulation 33(d) of the Electoral Process (General) Regulations, 2016, instructs voters to use a cross, this instruction must be read in conjunction with Regulation 46(2)(b). This latter provision explicitly states that a ballot should not be rejected solely because it was marked with something other than a cross, provided the voter's intention is clear and the mark does not lead to voter identification. Kasaro stressed the distinction between the method of instruction and the legal criteria for validity, urging stakeholders to provide accurate information to prevent voter confusion and maintain confidence in the electoral process.

Conversely, the opposition Tonse Pamodzi Alliance, through figures like Mundubile, has expressed significant concern and disagreement with the ECZ’s clarification. Mundubile argued that Zambians have historically been educated to use an 'X' for voting and that introducing new marks days before an election creates unnecessary confusion and uncertainty. He questioned whether the ECZ's move was an attempt to retroactively validate potentially pre-marked ballots, expressing worry about "strange things" being introduced that deviate from established statute books. The NRPUP, a leading opposition party, has formally disputed the ECZ’s interpretation, specifically citing Regulation 33(d) which refers to marking a ballot with a cross. Mundubile called for the ECZ to maintain a clear, uniform, and familiar message, urging voters to "mark an x clearly in the box of a candidate of your choice" to avoid any ambiguity at polling stations. He also raised concerns about potential delays in announcing election results, advocating for immediate counting at polling stations.

Beyond the legal and procedural disputes, the closing days of the campaign have showcased contrasting political strategies. President Hichilema of the UPND engaged in a significant mobilization effort, particularly with students. Thousands of university and college students, many in "Students for HH" T-shirts, gathered at State House, chanting the UPND slogan "Kwenyu" and declaring support for Hichilema’s re-election. The event, described as "electric," featured music, dancing, and political chants. Students from Levy Mwanawasa Medical University even presented Hichilema with a mock "Bachelor of Kwenyunology with Distinction" certificate, acknowledging his administration's restoration of student loans and bursaries. Hichilema used the platform to discuss the transition from education to employment, proposing a revival of structured internship systems akin to the Kenneth Kaunda era and urging graduates to volunteer to gain experience. He tasked the students with carrying his campaign message into various communities, aiming to convert visible enthusiasm into actual voter turnout.

In contrast, the opposition Tonse Pamodzi Alliance faced different challenges. Mundubile and running mate Makebi Zulu conducted their Southern Province engagement virtually, citing security concerns and fears of political violence. This decision effectively removed them from physical campaigning in a region considered a strong electoral territory for Hichilema during the crucial final days. The alliance also continued its challenge against the ECZ’s ballot marking guidelines. Furthermore, the alliance defended its Presidential Affairs Chairperson, Binwell Mpundu, against a controversial video where the speaker seemingly made violent remarks regarding the election; Mundubile asserted the video was an AI-generated deepfake and Mpundu's Facebook account was compromised. Amidst these developments, an election forecast attributed to Pari-Africa projected Hichilema's probability of victory between 70-80 percent, with a 25 percent chance of a runoff. The final days of the campaign highlight a shift from persuasion to intensive mobilization, with both sides striving to maximize voter turnout, demonstrating that while arguments have been made, the ultimate decider will be the voters at the polling booths.