Electoral Act, 2006

This section is titled “Administration, enforcement and prosecution” and refers to interpretation for the voters registration and voters roll part.

This section concerns qualification for registration as a voter.

Section 6 concerns applications for registration as a voter.

Section 7 is titled “Disqualification from registration as a voter.”

This section is about registration in the voters register for a constituency.

This section is about changing registration details.

This section concerns appeals against a decision made by an election officer.

This section is titled “Publication and copies of voter’s roll.”

This section is about nominating a presidential candidate.

Section title only: Additional disqualification for election to National Assembly.

This section is titled “Proclamation of dissolution of Parliament.”

Single copies of the Act may be obtained from the Government Printer, at a price of K15,500 each.

Section 35 is about appointing election agents and polling agents.

This section is titled “Powers and duties of election and polling agents.”

This section sets out criteria for determining polling district boundaries.

Section 39 concerns inspection and copies of maps of polling districts.

This section is about relocating a polling station in emergencies.

Section 46 is titled “Voting materials” and appears in Part IV on Election Officers.

Section 48 is titled “Powers and duties of presiding officer.”

Section heading for the powers and duties of a polling assistant.

Section 52 is titled “Powers and duties of counting assistant.”

This section concerns the powers and duties of additional persons.

Section 55 is a heading for general provisions concerning appointment of an election officer.

Section 56 is titled “Election officers at polling stations.”

This section concerns completing the ballot paper account and sealing voting materials.

Section 67 concerns counting votes and determining provisional results.

This section concerns objections about how ballot papers are sorted.

This section concerns objections about counting votes and determining provisional results.

Section 70 is titled “Procedure concerning provisional results and voting materials.”

This section sets out the verification procedure for votes counted elsewhere.

This provision is about objections concerning the verification procedure.

This section is titled “Determination and declaration of final result of election.”

When Parliament is dissolved, the President must set the polling day for the general election by statutory instrument, and the date cannot be more than 90 days after dissolution.

The Commission must, right after the polling day is prescribed, prepare and publish an election timetable in the Gazette. It may later amend that timetable in the Gazette if needed for a free and fair election or if polling day is postponed.

Public officers and public entities must treat all candidates equally; candidates and political parties have a right to fair and balanced reporting in public media; the Commission may prescribe a campaign code of conduct; and candidates or parties may publish campaign materials if the Commission prescribes the manner and nature of them.

The Commission may postpone an election’s polling day if it is satisfied this is necessary for a free and fair election and the new day still falls within the constitutional period.

The Commission may postpone voting at a polling station if a free and fair election cannot reasonably be conducted there, and only before voting starts.

If ballot papers at a polling station are lost, destroyed, or unlawfully removed before votes are determined and announced, the Commission must allow a re-vote there.

The Director of Elections must certify and publish the voters' roll, or the relevant segments, by the deadline in the election time-table, and make it available for inspection at specified venues.

The Commission must set the date, time, place, and procedures for nomination submission and acceptance in an election.

A person who wants to be a candidate in a constituency must lodge a nomination paper with the returning officer in the prescribed manner and form.

A person may lodge nomination papers in only one constituency in an election.

A candidate contesting an election may appoint up to two polling agents per polling station and two election agents per relevant Part VI venue.

Election or polling agents may observe voting, vote counting, and the result declaration, but must wear prescribed identification and follow orders while present.

The Commission must determine polling district boundaries by considering factors that could affect elections, such as suitable venues, voter numbers, access, transport, telecommunications, geography, and district or provincial boundaries.

The Director of Elections must notify the public that polling district maps can be inspected, and must provide certified copies on payment of the prescribed fee.

The Commission must establish a polling station in each polling district for an election, and the Director of Elections must give notice by the election timetable date that station-address lists are available for inspection.

The Commission may relocate a polling station if it thinks this is necessary for a free and fair election, and the election officer must publicise the relocation to voters in the affected voting district.

The Commission must prescribe the form and design of a ballot paper and how issued ballot papers are to be accounted for in a ballot paper account, subject to this Act and section 43.

Ballot papers must be designed to prevent fraud and must carry specific markings, candidate details, party symbols, and colour coding.

The Commission must use transparent ballot boxes in elections and ensure they can be securely closed.

The Commission must prescribe the design and materials for voting compartments used in elections, and voting compartments must be arranged to shield voters from observation while still allowing a clear outside view of the voter’s back.

The Commission must supply the presiding officer with the voting materials needed for an election before voting opens, and the presiding officer must keep those materials safe.

The Commission must appoint a presiding officer for each voting station for an election.

The presiding officer must run and supervise voting at the polling station to keep the election free and fair, maintain order, and may remove or exclude certain people in specified cases.

The Commission must appoint polling assistants for each polling station as soon as practicable after an election date is prescribed.

A polling assistant must help the presiding officer and carry out the powers and duties assigned under the Act.

The Commission must appoint a counting assistant for each polling station or venue, as soon as practicable after an election date is prescribed.

A counting assistant must supervise vote counting and determine the election result at the polling station or venue.

The Commission may appoint additional persons as election officers when needed during an election.

A person appointed by the Commission under section 53 must exercise the powers and perform the duties assigned to an election officer under this Act.

Section 55 limits who may serve as an election officer and sets rules for how election officers and the Commission must act.

On polling day, each polling station must be staffed by a presiding officer, polling assistants, and a counting assistant appointed for that station.

The Commission must set voting hours by the deadline, publish them, and can adjust hours or close polling stations temporarily to support a free and fair election. Polling stations must open and stay open at the prescribed times, and people cannot be admitted to vote after a station closes.

Before opening a voting station, the presiding officer must show observers and agents that each ballot box is empty and then close and secure the ballot boxes in the prescribed manner.

A voter may vote only at the polling station in the polling district where the voter is registered, subject to section 24.

Election officers must help a voter who cannot read vote, and a person may help a voter with a physical disability if the voter asks and the officer is satisfied the helper is at least 18.

If a voter marks a ballot paper wrongly before it is put in the ballot box, the voter may hand it to the presiding officer or polling assistant and get a new ballot paper.

Election agents, and sometimes voters, may object to voting issues; the presiding officer must decide the objection and notify the parties, and records must be kept.

When a ballot box is full, the presiding officer must seal it and let any accredited observer, monitor, or polling agent present add their seals.

After polling closes, the presiding officer must complete the ballot paper account, seal specified election materials, allow agents to seal items, and deliver the materials to the counting assistant as required.

If more than one election is held at a polling station on the same day, the Commission must prescribe the voting procedures.

Votes are normally counted at the polling station where they were cast, unless the Commission decides otherwise for a free and fair election.

This section concerns accreditation of observers and monitors.

Section title: Powers and duties of accreditation of observers and monitors.

Section heading for general provision on voter education.

Accredited observers or monitors may observe certain election proceedings, and their appointees must wear prescribed identification and obey election officer or police orders.

The Commission must provide voter education for an election.

Any natural or juristic person may provide voter education for an election, but if they do, it must be impartial, independent of parties or candidates, and promote free and fair elections.

This provision concerns the illegal publication of false statements about candidates.

Section 84 concerns illegal practices in the nomination of candidates.

Section 85 is titled “Illegal practices in respect of public meetings.”

Section 86 is titled “Illegal practices relating to the poll.”

Section 89 concerns property in certain election material.

This section concerns secrecy and penalties for breaching secrecy.

This section is titled “Offences by printers and publishers” and appears under the part on election petitions.

This provision bans election bribery and impersonation, and exempts bona fide lawful election spending.

A person must not corruptly provide or pay for food, drink, entertainment, lodging, or provisions to influence how anyone votes in an election.

No person may use threats, force, or other pressure to influence voter registration, voting, political participation, or the exercise of rights under the Act.

It is an illegal practice for any person to publish certain false election statements, forge or handle forged nomination documents, make false nomination statements, or cause disorder at certain election-related public meetings.

Any person must not interfere with ballot papers, ballot boxes, voters cards, or election materials, and must not attempt to do so.

A person convicted of an illegal practice may be fined up to 200,000 penalty units, imprisoned for up to 5 years, or both.

This section makes it an offence for any person to interfere with election conduct around nomination offices and polling stations, and it sets penalties on conviction.

In a prosecution about certain election materials, the property in the nomination paper, ballot box, and ballot paper counterfoil is treated as vested in the returning officer for that election.

People at polling stations and vote counting must keep voting secret and must not share certain voting information. Violations are offences punishable by a fine, imprisonment, or both.

An election officer who wilfully fails to perform the functions of the office under the Act commits an offence and may be fined up to 10,000 penalty units, imprisoned for up to 2 years, or both.

Election-related printed material must show the printer’s and publisher’s name and address, and paid electoral material in newspapers must carry “advertisement” as a headline.

Section title only: “Relief which may be claimed in election petition.”

Section 96 concerns the form and procedure for presenting an election petition.

The Registrar must make out a list of election petitions.

Section 98 is titled “Rules of practice and procedure, security for costs, etc.”

This section is titled “Conclusion of trial of election petition.”

This section is titled “Provisions as to costs” in Part IX, “Other questions Relating to Parliament.”

This section concerns how the law applies to members and officers of Parliament.

Section 107 is titled “Effect of determination.”

Section 109 is titled “Electoral Code of Conduct and other codes.”

This section concerns powers to decide objections and appeals.

This section is about constituting conflict management committees.

This section concerns the Commission assigning powers and duties.

This section concerns the Director of Elections assigning powers and duties.

This section concerns printing, manufacture, use, and removal of election materials.

Section 115 is titled “Ownership of voting and election material and disposal.”

This section concerns inspection and copying of documents.

119. When incapacity may be removed 120. No person required to state how person voted

This section concerns evidence of whether an election was held.

This section defines key election terms and says people interpreting the Act must do so consistently with the Constitution and any appropriate code.

The Commission administers and enforces the Act, appoints officers, and officers must show their appointment certificate on demand. The Anti-Corruption Commission investigates and prosecutes corrupt practices, and the Zambia Police Force handles law and order and related criminal proceedings at polling stations, subject to the Act.

The High Court may decide certain disputes about National Assembly appointments, vacancies, and the election or vacancy of the Speaker or Deputy Speaker.

High Court determinations under this Part take effect according to their terms, but are subject to Article 71 of the Constitution.

The Commission must set a by-election for a National Assembly vacancy within 90 days, but no poll is held if only one candidate is validly nominated.

The commission must issue an Electoral Code of Conduct, and registered political parties supporting candidates and candidates themselves must subscribe to it before nomination papers are submitted. Anyone bound by the code must not contravene or fail to comply with it.

The Commission may try to settle certain election-related objections, disputes, complaints, or appeals through conciliation or mediation, and it must prescribe how these matters are handled.

The Commission must set up conflict management committees for electoral Constitution disputes and decide their membership, leadership, meeting arrangements, allowances, and support staff.

The Commission may delegate some of its powers or instruct its members, employees, or officers to perform its duties, but not the excluded powers listed in the section.

The Director of Elections may delegate powers or instruct Commission employees or officers to perform duties.

The Commission may authorise printing, manufacture, supply, use, removal, or destruction of voting or election material, including use for a non-election purpose.

The Commission must own voting and election materials used in elections, and it may dispose of them six months after the final result is declared unless the High Court orders otherwise.

A mistake in the certified segment of the voters' roll does not invalidate the vote's roll.

If the Act requires documents to be publicised or made available for inspection or copying, the Commission should also try to publish or make them available electronically.

The Commission and specified associated persons are not liable for losses caused by good-faith acts or omissions done while exercising powers or duties under the Act.

A person whose incapacity arose from a conviction or court declaration/report may apply to the High Court to have it removed if the case was based on perjured evidence; a voter cannot be required in proceedings to disclose who they voted for.

A returning officer’s certificate is enough evidence that an election was held, and minor misdescriptions in required election documents do not invalidate them if the intended person or place is commonly understood.

An officer may enter certain places, request information, and seize or detain material linked to offences under the Act, but may not enter a private dwelling without consent or a court warrant.

A person commits an offence if they wilfully delay, obstruct, or assault an officer carrying out duties under the Act.

A police officer may arrest and hold a person without a warrant if the listed conditions are met.

An officer is not liable for acts or omissions done in good faith while exercising duties and powers under this Act or any other written law.

A person is not guilty of an offence under the Act if they prove to the court that the act happened without their knowledge, consent, or connivance, or that they tried to stop the offence.

A person convicted of an offence under this Act may be fined or imprisoned, with higher maximum penalties for second or later offences.

The Commission may make election regulations, but must consult the Returning Officer before making regulations about that officer’s presidential-election functions.

This section repeals the Electoral Act, 1991.

The Commission must keep a voters roll and register of voters, may suspend voter registration when an election is due, and must suspend it immediately for a district when a by-election polling day is set.

A person is qualified to register as a voter in direct elections if they are a Zambian citizen, are at least 18, and have a national registration card, subject to section seven.

A voter registration applicant must follow the Commission’s prescribed procedure, may choose any constituency, and must not register in more than one constituency.

A person cannot be registered as a voter if any listed disqualifying condition applies.

Eligible people must be registered as voters, no one may be entered more than once in a constituency, and registered voters must be issued a voter’s card.

A voter or voter-registration applicant who changes name or ordinary residence must apply, in the prescribed manner, to have the change recorded; a name change due to marriage is excepted.

An election officer must update, remove, add, or delete voter registration details in specified cases, and must record polling district changes when a voter’s residence moves into another polling district.

An election officer must notify certain affected people and give reasons for the refusal or other action taken.

An aggrieved person referred to in section eleven may appeal to the Commission, and the Commission must consider the appeal, decide it, and notify the appellant and election officer.

The Commission must conduct a general voter registration for the voters’ roll, and it may set cut-off dates for related registration, appeals, objections, notice, and publication steps.

Any person may object to the Commission about a voters’ roll entry, and the Commission must decide the objection within 14 days in most cases.

The voters' roll must be open for inspection at the Commission’s head office and, for provincial and district segments, at the times and venues set by notice in the Gazette. An election officer must also give certified copies or extracts to a person who has paid the prescribed fee.

Registered voters in the constituency are entitled to vote in a direct election there, subject to sections 17, 18, and 19.

A person who wants to vote at a direct election must identify themselves to an election officer in the prescribed manner.

A person may not vote more than once in the same election, and certain people are barred from voting in a direct election.

An election for President must be held in every constituency in Zambia under this Act and any prescribed rules.

A presidential candidate must deliver nomination documents, the election fee, a statutory declaration, and an oath or affirmation at the time and place set by the Commission.

An election officer cannot be elected to the National Assembly. A person convicted of, or found guilty of, a corrupt or illegal practice is also disqualified for five years.

The election fee for candidates for election to the National Assembly is to be a prescribed fee.

The Commission must let eligible persons apply for a special vote and must set the application and counting procedures.

The counting assistant must open sealed used ballot boxes, sort and count ballot papers, determine results, and reject certain ballot papers.

An election or polling agent may object to alleged irregularities in sorting ballot papers, but the objection must be made to a counting assistant in the prescribed manner before the ballot paper account is completed.

An election or polling agent may object to a counting error or result inaccuracy, and the counting assistant must decide the objection, notify parties, and record it.

After the polling-station result is determined, the counting assistant must complete the prescribed form, and the presiding officer must announce, report, seal, and deliver the count materials.

A counting assistant must inspect seals, let present observers examine them, open sealed ballot boxes and containers, verify the ballot paper account, deal with irregularities, and keep a written record.

An election or polling agent may object to alleged irregularities or inaccuracies in a counting assistant’s verification procedure before votes are counted.

Sections 67 to 70 apply, with necessary modifications, to vote counting, result determination at non-polling-station venues, objections, and procedures about results and voting materials.

The Commission must determine and declare election results, normally immediately after polling closes, and may do so before all polling station results arrive if waiting would cause undue delay and the missing results would not materially change the outcome.

An election for the National Assembly can only be challenged by an election petition, and a court may void it only on specified grounds.

An election petition may be presented to the High Court by certain listed persons, including voters, claimed candidates, actual candidates, and the Attorney-General.

A petitioner in an election petition may ask for certain reliefs and may also apply for the High Court to conduct a scrutiny of votes.

Election petitions must be in the prescribed form, signed, filed through the Registrar, and presented within the stated deadlines.

The Registrar must list election petitions in the order received, keep a copy at the office, and make it open for inspection. Petitions are generally tried in list order unless the High Court orders otherwise.

The Chief Justice may set rules for election petition practice and procedure, and petitioners must provide security for costs; withdrawal also needs High Court leave.

If a petitioner dies, the election petition may abate, but eligible people may ask the High Court to be substituted, and the High Court may order substitution.

Election petitions must be tried and determined by the High Court in open court within 180 days, and the Registrar must deliver trial transcripts to the Commission.

In an election petition trial, the High Court may call and examine witnesses, and witnesses must answer questions about election-related offences even if the answers could incriminate them.

After an election petition trial, the High Court decides the election result status and related reporting and cost orders.