Electoral Process (Amendment) Act, 2026
This provision amends section 12(2) of the principal Act by inserting the word “new” after “registration of”.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 12 of 2026
- Version
- 15 May 2026
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This provision amends section 12(2) of the principal Act by inserting the word “new” after “registration of”. The Commission may set the inspection period for the Provisional Register of Voters, and a registered voter may inspect it electronically during that period. This provision changes Section 17(1) by replacing “ninety” with “fourteen.” Section 27(1) is amended so that “section 20” is deleted and replaced with “section 24”. The election timetable publication and amendment must also be made in a newspaper of general circulation in the Republic or in electronic media the Commission determines, in addition to the Gazette.
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Provisions of Electoral Process (Amendment) Act, 2026
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- 3 Verify source ↗
Section 12(2) of the principal Act is amended by the insertion
This provision amends section 12(2) of the principal Act by inserting the word “new” after “registration of”.
3. Section 12(2) of the principal Act is amended by the insertion of the word “new” immediately after the words “registration of”. Amendment of section 13 - 4 Verify source ↗
Section 13 of the principal Act is amended by the insertion
The Commission may set the inspection period for the Provisional Register of Voters, and a registered voter may inspect it electronically during that period.
4. Section 13 of the principal Act is amended by the insertion of the following new subsections immediately after subsection (2): Electoral Process (Amendment) [No. 12 of 2026 499 (3) The Commission may determine the period within which the Provisional Register of Voters may be inspected. (4) A registered voter may inspect, electronically, the Provisional Register of Voters during the period determined by the Commission under subsection (3). - 5 Verify source ↗
Section 17(1) of the principal Act is amended by the deletion
This provision changes Section 17(1) by replacing “ninety” with “fourteen.”
5. Section 17(1) of the principal Act is amended by the deletion of the word “ninety” and the substitution therefor of the word “fourteen”. - 6 Verify source ↗
Section 27(1) of the principal Act is amended by the deletion
Section 27(1) is amended so that “section 20” is deleted and replaced with “section 24”.
6. Section 27(1) of the principal Act is amended by the deletion of the word “section 20” and the substitution therefor of the word “section 24”. Amendment of section 17 Amendment of section 27 - 7 Verify source ↗
Section 28 of the principal Act is amended by the insertion
The election timetable publication and amendment must also be made in a newspaper of general circulation in the Republic or in electronic media the Commission determines, in addition to the Gazette.
7. Section 28 of the principal Act is amended by the insertion of the following new subsection immediately after subsection (3): Amendment of section 28 (4) The publication and amendment of the election timetable under this section shall, in addition to the Gazette, be made in a newspaper of general circulation in the Republic or any electronic media that the Commission may determine. - 8 Verify source ↗
Section 30 of the principal Act is amended
The Commission must publish the particulars of validly nominated candidates in the Gazette and a newspaper of general circulation, or in electronic media the Commission determines.
8. Section 30 of the principal Act is amended— (a) in subsection (1), by the— Amendment of section 30 (i) insertion of the following new paragraph immediately after paragraph (a): (b) an adoption certificate, in the case of a candidate sponsored by a political party;; and (ii) renumbering of paragraphs (b), (c) and (d) as paragraphs (c), (d) and (e), respectively; (b) by the insertion of the following new subsection immediately after subsection (1): (2) The Commission shall publish the particulars of validly nominated candidates in the Gazette, and a newspaper of general circulation in the Republic or any electronic media that the Commission may determine.; and (c) by the renumbering of subsections (2) and (3) as subsections (3) and (4), respectively. 500 No. 12 of 2026] Electoral Process (Amendment) Amendment of section 31 - 9 Verify source ↗
Section 31 of the principal Act is amended by the
The Commission must publish the particulars of validly nominated candidates at the nomination centres.
9. Section 31 of the principal Act is amended by the— (a) insertion of the following new subsections immediately after subsection (1): (2) A nomination paper and an affidavit referred to in subsection (1) shall be accompanied by an adoption certificate, except that this requirement shall not apply to an independent candidate. (3) The Commission shall publish the particulars of validly nominated candidates at the nomination centres.; and (b) renumbering of subsection (2) as subsection (4). Repeal and replacement of section 33 - 10 Verify source ↗
The principal Act is amended by the repeal of section 33
Section 33 of the principal Act is repealed and replaced with a new section heading: “Nomination of candidates in district or ward”.
10. The principal Act is amended by the repeal of section 33 and the substitution therefor of the following: Nomination of candidates in district or ward - 33 Verify source ↗
(1) Subject to subsection (2), a candidate
Candidates must file nomination papers and affidavits with the returning officer, and most must also provide an adoption certificate.
33. (1) Subject to subsection (2), a candidate for election in a district or ward of a council shall lodge with the returning officer for that district or ward of a council that candidate’s nomination paper and an affidavit in the prescribed manner and form. (2) A nomination paper and an affidavit referred to under subsection (1) shall be accompanied by an adoption certificate, except that this requirement shall not apply to an independent candidate. (3) The nomination paper referred to under subsection (1) shall be subscribed, in the presence of the returning officer for that district by at least fifteen persons registered as voters in the district in which a candidate is contesting an election. (4) The nomination paper referred to under subsection (1) shall be subscribed, in the presence of the returning officer for that ward of a council, by at least nine persons registered as voters in the ward in which a candidate is contesting an election. (5) A person appearing before a returning officer for the purpose of subscribing a nomination paper in accordance with subsection (3) or (4) shall produce a voter’s card and a national registration card to the returning officer for inspection as proof of identity. Electoral Process (Amendment) [No. 12 of 2026 501 (6) A person qualifies to be a mayor or council chairperson if, in addition to the requirements set out under Article 154(2) of the Constitution, that person has a certificate of clearance showing the payment of council taxes, where applicable. (7) The Commission shall publish the particulars of validly nominated candidates at the nomination centres. Cap. 1 - 11 Verify source ↗
The principal Act is amended by the insertion of the
This section amends the principal Act by inserting a new Part IVA on proportional representation.
11. The principal Act is amended by the insertion of the following new Part immediately after Part IV: Insertion of Part IVA PART IVA PROPORTIONAL REPRESENTATION ELECTORAL SYSTEM Eligibility for participation in proportional representation electoral system Cap. 1 Formula and distribution of seats under proportional representation electoral system
Part
PART IVA
- 36A Verify source ↗
A political party that intends to contest
A political party that wants to contest a proportional representation seat must have a presidential candidate.
36A. A political party that intends to contest for a seat under the proportional representation electoral system specified under Article 47(2)(b) and (3)(c) of the Constitution and in accordance with this Part shall have a candidate contesting for election as President.
Part
Part shall have a candidate contesting for election as
- 36B Verify source ↗
(1) The formula to be used by the
The Commission must distribute proportional representation seats within seven days after the President-elect is sworn in, and must redistribute any vacant seat if a party refuses it.
36B. (1) The formula to be used by the Commission in the distribution of seats under the proportional representation electoral system is specified in the Second Schedule. (2) The Commission shall, within seven days of the swearing-in of the President-elect, distribute the seats under the proportional representation electoral system in the National Assembly and council, in proportion to the total number of valid votes received by a presidential candidate in the initial ballot. (3) The Commission shall, where a political party refuses to take up a seat that has been distributed to that political party, redistribute the vacant seat to a political party that qualified for a seat in line with the formula for distribution of seats referred to under subsection (1). (4) The votes obtained by a presidential candidate of a political party that refuses to take up a seat under subsection (3), shall not be considered in the distribution of seats in accordance with this section. 502 No. 12 of 2026] Electoral Process (Amendment) Submission of party list Cap.1 Cap.1 - 36C Verify source ↗
(1) A political party shall, within seven
A political party must file a party list with the Commission within 7 days after seat distribution, follow prescribed form and fee rules, include required signatures and consent forms, and avoid listing first-past-the-post candidates.
36C. (1) A political party shall, within seven days after the distribution of the seats in accordance with section 36B, submit a party list to the Commission in a prescribed manner and form on payment of a prescribed fee. (2) A party list submitted under subsection (1) shall be signed by the president and secretary-general of a political party, or in absence of the secretary- general, the president and deputy-secretary-general of a political party. (3) A party list shall be submitted, in the case of a seat in— (a) the National Assembly, to the Returning Officer; and (b) a council, to a district electoral officer. (4) A political party shall not include, on a party list, a candidate who contested a seat under the first past the post electoral system. (5) A party list submitted under subsection (1) shall be accompanied by a consent form for each candidate, as prescribed, signed by the candidate appearing on the party list. (6) The Commission shall, where a candidate on a party list submitted to the Commission dies, resigns from the political party that sponsored the candidate or is expelled from the political party before the publication of the names of Members of Parliament and councillors under the proportional representation electoral system, request the political party to submit an additional party list within a period determined by the Commission. (7) The Commission shall publish the party list in accordance with section 36G as follows: (a) in the case of a Member of Parliament, where a candidate on a party list submitted under subsection (1) meets the requirements specified under Article 70 of the Constitution; and (b) in the case of a councillor, where a candidate on a party list submitted under subsection (1) meets the requirements specified under Article 153(4) of the Constitution. Electoral Process (Amendment) [No. 12 of 2026 503 (8) The Commission shall notify the political party to take remedial measures to rectify the party list within a period that the Commission may determine where— (a) in the case of a Member of Parliament, a candidate on a party list submitted under subsection (1) does not meet the requirements specified under Article 70 of the Constitution; and (b) in the case of a councillor, where a candidate on a party list submitted under subsection (1) does not meet the requirements specified under Article 153(4) of the Constitution. Cap. 1 Cap. 1 (9) The Commission shall, where a political party does not submit a party list within a period specified under this section, redistribute the vacant seat to a political party that qualified for a seat in line with the formula for distribution of seats under section - 36B Verify source ↗
Section 36B
Votes obtained by a presidential candidate of a political party that does not submit a party list under subsection (9) are not to be counted in the distribution of seats.
36B. (10) The votes obtained by a presidential candidate of a political party that does not submit a party list under subsection (9), shall not be considered in the distribution of seats. - 36D Verify source ↗
(1) A political party that submits a party
Political parties that submit a National Assembly party list must file the required categories of seats, and the youth and disability lists must meet specific candidate requirements.
36D. (1) A political party that submits a party list in accordance with section 36C for a seat in the National Assembly shall submit a party list for each category as follows: Requirements of party list for seat in National Assembly (a) the number of women seats obtained by a political party; (b) the number of youth seats obtained by a political party; and (c) the number of persons with disabilities seats obtained by a political party. (2) A party list submitted under subsection (1)(b)shall contain candidates that are youths for the entire duration of the term of Parliament. 504 No. 12 of 2026] Electoral Process (Amendment) Cap. 65 Number of councillors under proportional representation electoral system Requirements of party list for seat in council (3) A party list submitted under subsection (1)(c) shall— (a) contain alternates of the classes of disabilities; and (b) have candidates in possession of a certificate of registration issued in accordance with the Persons with Disabilities Act. - 36E Verify source ↗
(1) The number of councillors under the
This section sets how proportional representation seats in a council are calculated and how they are shared among women, youth, and persons with disabilities.
36E. (1) The number of councillors under the proportional representation electoral system in a council shall be calculated based on the eighteen percent of the proportional representation seats against constituency based seats in the National Assembly. (2) The number of seats under the proportional representation electoral system in a council shall be distributed among women, youth and persons with disabilities using the ratio four to three to one, respectively, except that each category of women, youth and persons with disabilities shall have at least one seat. (3) Despite subsections (1) and (2), a council shall, where the proportional representation seats in a council is less than three in accordance with the calculation referred to under subsection (1), consist of three proportional representation seats comprising of one seat for women, youth and persons with disabilities, respectively. (4) The Commission shall publish the number of proportional representation seats in each council in accordance with this section, as prescribed - 36F Verify source ↗
(1) Subject to section 36E, a political party
Political parties submitting council party lists must file the required category lists, keep youth candidates youths for the full council term, and for disability-related lists include disability-class alternates and candidates with a registration certificate.
36F. (1) Subject to section 36E, a political party that submits a party list in accordance with section 36C for a seat in a council shall submit a party list for each category as follows: (a) the number of women seats obtained by a political party; (b) the number of youth seats obtained by a political party; and Electoral Process (Amendment) [No. 12 of 2026 505 (c) the number of persons with disabilities seats obtained by a political party. (2) A party list submitted under subsection (1), in relation to youths, shall have candidates that are youths for the entire duration of the term of a council. (3) A party list submitted under subsection (1) in relation to persons with disabilities shall— (a) contain alternates of the classes of disabilities; and (b) have candidates in possession of a certificate of registration issued in accordance with the Persons with Disabilities Act. - 36G Verify source ↗
The Commission shall, within seven days
The Commission must process and publish certain proportional-representation election winners within seven days after receiving a party list.
36G. The Commission shall, within seven days of the receipt of a party list in accordance with section 36C, process and publish the names of Members of Parliament and councillors that obtained a seat under the proportional representation electoral system in the Gazette, and a newspaper of general circulation in the Republic or any electronic media that the Commission may determine. - 36H Verify source ↗
(1) Article 72(1) and (2)(a), (b), (c), (d),
This section sets rules for vacancies in proportional-representation seats, including notices, filling vacancies, party recalls, and temporary disqualifications.
36H. (1) Article 72(1) and (2)(a), (b), (c), (d), (e), (f), (h) and (i) of the Constitution shall apply in relation to a vacancy in the office of a Member of Parliament under the proportional representation electoral system. (2) In addition to the grounds specified under subsection (1), a political party that sponsored a Member of Parliament holding a seat under the proportional representation electoral system may recall the Member of Parliament at any time during the term of Parliament. Cap. 65 Publication of party list Vacancy in office of Member of Parliament under proportional representation electoral system Cap. 1 (3) A person who causes a vacancy in the National Assembly due to the reasons specified under Article 72(2)(a), (b), (c), (d) and (h) of the Constitution shall not, during the term of that Parliament— Cap.1 (a) be eligible to contest an election or qualify to be on a list under the proportional representation electoral system; or 506 No. 12 of 2026] Electoral Process (Amendment) (b) hold public office. (4) The Speaker shall, where a vacancy occurs in the National Assembly for a seat under the proportional representation electoral system, inform the Commission of the vacancy, in writing, within seven days of the occurrence of the vacancy. (5) The Commission shall, within ninety days of the vacancy in accordance with subsection (1) or (3), fill the vacancy with the next available candidate on a party list of a political party that holds the seat. (6) The Commission shall, where a party list of a political party has no remaining candidate during the term of Parliament, request the political party to submit an additional party list within thirty days of the request. (7) Sections 36C and 36D shall apply to an additional party list referred to under subsection (6). (8) The Commission shall, where a political party fails to submit an additional party list within the period specified under subsection (6), re-allocate the vacant seat to a political party that qualified for a seat in accordance with the formula for distribution under section 36B. (9) The votes obtained by a presidential candidate of a political party that fails to submit an additional party list under subsection (8) shall not be considered in the distribution of seats. (10) A Member of Parliament holding a seat for a political party under the proportional representation electoral system shall, where a political party is dissolved, cease to be a Member of Parliament and the seat shall be re-allocated to a political party that qualifies for a seat in line with the formula for distribution of seats under section 36B. (11) A vacancy occurring in accordance with this section within one hundred and eighty days preceding a general election shall not be filled. - 36I Verify source ↗
(1) Article 157 (1) and (2)(b), (c), (e), (f)
Rules for filling and re-allocating councillor vacancies under proportional representation, including party recall, notice to the Commission, deadlines, and a no-fill period before general elections.
36I. (1) Article 157 (1) and (2)(b), (c), (e), (f) and (g) of the Constitution shall apply in relation to a vacancy of a councillor under the proportional representation electoral system. Vacancy for councillors in proportional representation electoral system Electoral Process (Amendment) [No. 12 of 2026 507 (2) In addition to the grounds specified under subsection (1), a political party that sponsored a councillor holding a seat under the proportional representation electoral system may recall the councillor at any time during the term of a council. (3) Where a vacancy occurs in the office of a councillor, the— (a) Town Clerk or Council Secretary of the local authority shall, within seven days of the occurrence of the vacancy, inform the Commission, in writing, of the vacancy; and (b) Commission shall, within ninety days of the vacancy, fill a vacancy with the next available candidate on a party list of a political party that holds the seat. (4) The Commission shall, where a party list of a political party has no remaining candidates during the term of a council, request the political party to submit an additional party list within thirty days of the request. (5) Sections 36C and 36F shall apply to an additional party list referred to under subsection (4). (6) The Commission shall, where a political party fails to submit an additional party list within the period specified under subsection (4), re-allocate the vacant seat to a political party that qualified for a seat in accordance with the formula for distribution under section 36B. (7) The votes obtained by a presidential candidate of a political party that fails to submit an additional party list under subsection (6) shall not be considered in the distribution of seats. (8) A councillor holding a seat for a political party under the proportional representation electoral system shall, where a political party is dissolved, cease to be a councillor and the seat shall be re-allocated to a political party that qualifies for a seat in line with the formula for distribution of seats under section 36B. 508 No. 12 of 2026] Electoral Process (Amendment) (9) A vacancy occurring in accordance with this section within one hundred and eighty days preceding a general election shall not be filled. Repeal and replacement of section 37 - 12 Verify source ↗
The principal Act is amended by the repeal of section 37
Section 37 is repealed and replaced with a new provision titled “Appointment of returning officer.”
12. The principal Act is amended by the repeal of section 37 and the substitution therefor of the following: Appointment of returning officer - 37 Verify source ↗
The Commission shall appoint a returning
The Commission must appoint a returning officer for each constituency, district, or ward, and do so by notice in the Gazette.
37. The Commission shall appoint a returning officer, in respect of each constituency, district or ward, by notice in the Gazette. Insertion of sections 37A and 37B Powers and duties of returning officer - 13 Verify source ↗
The principal Act is amended by the insertion of the
The principal Act is amended by inserting new sections immediately after section 37.
13. The principal Act is amended by the insertion of the following new sections immediately after section 37: - 37A Verify source ↗
(1) A returning officer shall be in charge
A returning officer must oversee electoral activities in a constituency, district, or ward and carry out specified election tasks.
37A. (1) A returning officer shall be in charge of electoral activities at a constituency, district or ward. (2) Despite the generality of subsection (1), a returning officer shall— (a) conduct the nomination process at constituency, district or ward level; (b) collate results in a constituency, district or ward; (c) declare National Assembly and local government election results; (d) announce presidential results in a constituency; and (e) perform any other election related duties as determined by the Commission and under this Act. Appointment of presiding officer - 37B Verify source ↗
The Commission shall, after prescribing
The Commission must appoint a presiding officer for each polling station, after it has prescribed a date for the election.
37B. The Commission shall, after prescribing a date for an election, appoint a presiding officer for each polling station at which the election is conducted. Amendment of section 60 - 14 Verify source ↗
Section 60 of the principal Act is amended by the deletion
A voter must follow the ballot-handling steps after receiving a ballot paper: go into an empty booth, mark the paper, fold it to hide the vote, put it in the ballot box, and leave the station without delay.
14. Section 60 of the principal Act is amended by the deletion of subsection (6) and the substitution therefor of the following: (6) A voter shall, once the voter has received a ballot paper referred to under subsection (5) (a) enter an empty voting booth; (b) mark the ballot paper in a way that indicates the candidate the voter intends to vote for; Electoral Process (Amendment) [No. 12 of 2026 509 (c) fold the ballot paper to conceal the voter’s vote; (d) cast the ballot paper in the ballot box; and (e) without delay, leave the voting station. - 15 Verify source ↗
Section 68 of the principal Act is amended by the deletion
This section replaces part of section 68. It requires the presiding officer to mark each rejected ballot paper “rejected” on the back and file it separately.
15. Section 68 of the principal Act is amended by the deletion of— Amendment of section 68 (a) the marginal note and the substitution therefor of the following: Counting of votes and announcement of results; and (b) subsection (3) and the substitution therefor of the following: (3) A presiding officer shall mark “rejected” for a rejection on the back of each rejected ballot paper and file the rejected ballot paper separately. - 16 Verify source ↗
Section 70 of the principal Act is amended by the deletion
This section changes the marginal note for section 70 of the principal Act.
16. Section 70 of the principal Act is amended by the deletion of the marginal note and the substitution therefor of the following: Amendment of section 70 Objections concerning counting of votes and announcement of results - 17 Verify source ↗
Section 71 of the principal Act is amended by the deletion
The marginal note for section 71 is replaced with new wording: “Amendment of section 71 Procedure concerning results and voting materials.”
17. Section 71 of the principal Act is amended by the deletion of the marginal note and the substitution therefor of the following: Amendment of section 71 Procedure concerning results and voting materials - 18 Verify source ↗
Section 72 of the principal Act is amended by the deletion
Section 72(1) is replaced so that a returning officer must tally received results and announce or declare election results as specified.
18. Section 72 of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following: Amendment of section 72 (1) A returning officer shall, on receipt of the items specified under section 71, tally the results received from a polling station in a constituency, district and ward and shall— (a) announce the results of the votes for the presidential, Member of Parliament, mayoral, council chairperson or councillor elections; and (b) declare the results of the votes for the Member of Parliament, mayoral, council chairperson or councillor election. 510 No. 12 of 2026] Electoral Process (Amendment) Repeal and replacement of section 80 Voter education Insertion of Part VIIIA
Part
Part VIIIA
- 19 Verify source ↗
The principal Act is amended by the repeal of section 80
Section 80 is repealed and replaced with new text.
19. The principal Act is amended by the repeal of section 80 and the substitution therefor of the following: - 80 Verify source ↗
Despite section 79, the Commission shall provide
The Commission must provide voter education, despite section 79.
80. Despite section 79, the Commission shall provide voter education. - 20 Verify source ↗
The principal Act is amended by the insertion of the
The principal Act is amended by inserting a new Part after Part VIII titled “Nomination Petitions.”
20. The principal Act is amended by the insertion of the following new Part immediately after Part VIII: Nomination petition Cap. 1 Rules relating to nomination petition PART VIIIA NOMINATION PETITIONS
Part
PART VIIIA
- 95A Verify source ↗
A person, who challenges, before a
A person challenging a candidate’s nomination before a court or tribunal must file a nomination petition in the prescribed manner and form.
95A. A person, who challenges, before a court or tribunal, the nomination of a candidate in accordance with Article 52(4) of the Constitution, shall file a nomination petition in a prescribed manner and form. - 95B Verify source ↗
(1) The Chief Justice may, by statutory
The Chief Justice may make rules about nomination petition procedure, timing, costs, and fees. A person who files a nomination petition has the right to appear and be represented before the court or tribunal.
95B. (1) The Chief Justice may, by statutory instrument, make rules relating to the— (a) practice and procedure before a court or tribunal with respect to the filing and trial of a nomination petition; (b) time within which any requirement of the rules is to be complied with; (c) costs of, and incidental to, the filing and trial of a nomination petition; (d) fees payable in respect of proceedings before a court or tribunal; and (e) any other matter relating to a nomination petition that the Chief Justice considers necessary. Amendment of section 110 (2) A person who files a nomination petition before a court or tribunal has the right to appear and be represented before that court or tribunal. - 21 Verify source ↗
Section 110 of the principal Act is amended
This section amends Section 110 of the principal Act by inserting “First” before “Schedule” in subsection (1) and replacing “disqualify” with “suspend” in subsection (2).
21. Section 110 of the principal Act is amended— (a) in subsection (1), by the insertion of the word “First” immediately before the word “Schedule”; and Electoral Process (Amendment) [No. 12 of 2026 511 (b) in subsection (2), by the deletion of the word “disqualify” and the substitution therefor of the word “suspend”. - 22 Verify source ↗
Section 125(2) of the principal Act is amended by the
This provision amends section 125(2) by replacing paragraph (w) with wording about the delimitation of constituencies, wards and polling districts.
22. Section 125(2) of the principal Act is amended by the deletion of paragraph (w) and the substitution therefor of the following: Amendment of section 125 (w) the delimitation of constituencies, wards and polling districts;. - 23 Verify source ↗
The principal Act is amended by the deletion of the words
This section amends the principal Act by replacing “compartment/compartments” with “booth/booths” wherever those words appear.
23. The principal Act is amended by the deletion of the words “compartment” and “compartments” and the substitution therefor of the words “booth” and “booths”, respectively, wherever the words appear. General amendment - 24 Verify source ↗
The principal Act is amended in the Schedule by the deletion
The principal Act amends the Schedule by deleting the existing heading and replacing it with a new heading: “Amendment of Schedule FIRST SCHEDULE (Section 110)”.
24. The principal Act is amended in the Schedule by the deletion of the Heading and the substitution therefor of the following: Amendment of Schedule FIRST SCHEDULE (Section 110) - 25 Verify source ↗
The principal Act is amended by the insertion of a new
The Commission must use a quota-based formula to distribute proportional-representation seats for women, youths, and persons with disabilities.
25. The principal Act is amended by the insertion of a new Second Schedule as set out in the Appendix. Insertion of Second Schedule 512 No. 12 of 2026] Electoral Process (Amendment) APPENDIX (Section 24) SECOND SCHEDULE (Section 36B) FORMULA FOR DISTRIBUTION OF SEATS UNDER PROPORTIONAL REPRESENTATION ELECTORAL SYSTEM (a) For purposes of distributing seats under the proportional representation electoral system, the Commission shall use a formula based on a quota for each of the following categories: (i) women; (ii) youths; and (iii) persons with disabilities. (b) Steps of the formula (see Table below for illustration): (i) step one (add all the valid votes cast for the presidential candidates whose political parties are eligible under section 36A); (ii) step two (divide all the valid votes cast by each category of representation in order to determine the quota for each category of representation (that is, the value of one seat)-(for example, for a Member of Parliament in relation to women, divide all the valid votes cast by 20)); (iii) step three (calculate the number of seats that each political party is entitled to in the National Assembly or council)-( for example, for political party A, B, C, D, E, F, G, H, I, J and K, this is done by dividing the quota calculated in step (ii) above by the number of valid votes received by a presidential candidate for each political party); and (iv) step four (where the formula set out in step (iii) above yields a surplus fraction not absorbed by the number of seats allocated to the political party concerned, the surplus fraction shall compete with other similar surpluses accruing to any political party participating under the proportional representation electoral system, and any undistributed seat (in terms of the formula set out in step (iii) above, shall be awarded to the political party concerned in sequence of the highest surplus-fraction)); and (v) step five (in the event of a tie of surpluses, and as a result of that tie, the undistributed seat cannot be awarded, then the undistributed seat shall be awarded by lot, as prescribed). (c) A political party that does not meet the quota referred to under paragraph (b)(ii) shall not be considered under the remaining steps referred to under paragraph (b). (d) The allocation of seats for councils shall have the same formula used for the National Assembly. However, the number of seats in a council varies in accordance with section 36E. Electoral Process (Amendment) [No. 12 of 2026 513 TABLE (Paragraph (b)) Step (i) – Calculating the total number of valid votes cast Presidential Election Results Candidate Party Add all the valid votes obtained by the candidates Votes Obtained Candidate 1 Candidate 2 Candidate 3 Candidate 4 Candidate 5 Candidate 6 Candidate 7 Candidate 8 Candidate 9 Candidate 10 Candidate 11 TOTAL VALID VOTES A B C D E F G H I J K 175,898 10,253 472,697 9,882 140,688 38,860 506,695 85,473 59,172 9,481 228,861 1,737,960 Other figures (not considered in determining the Quota) Rejected Votes Total Votes Cast Registered Voters Category of PR Seats Women Youths PWDs 33,375 1,771,335 2,604,761 Step (ii) – Determining the Quota Total Valid Votes - 1,737,960 The Quota divide by the (Value of one number of seat for each seats category of PR) 20 15 5 86,898 115,864 347,592 514 No. 12 of 2026] Electoral Process (Amendment) r e b m u n s t a e s f o d e t a c o l l a l a t o T n o i t a c o l l a g n i k n a r r e t f a t a e S e h t g n i k n a R r e d n i a m e R s t a e s l a u t c A s n o i t c a r f s u l p r u S n o i t c a r f s u l p r u S g n i n i a m e r s t a e S ( ) d e t a c o l l a e b o t s u l p r u s t u o h t i w ( 0 2 - n e m o W ) n o i t c a r f s t a e S s u l p r u s t s e h g i h e h t f o e c n e u q e s n i s t a e s g n i n i a m e r e h t g n i t a c o l l A – ) v i ( p e t S s e i t r a p l a c i t i l o p o t s t a e s g n i t a c o l l A – ) i i i ( p e t S n o i t c a r f 6 6 3 3 2 0 2 1 1 1 1 1 5 1 4 2 5 3 3 8 . 0 4 4 . 0 3 6 . 0 2 0 . 0 2 6 . 0 5 5 1 5 5 2 2 1 e h t e d i v i D a t o u Q n e m o W r o f ) 8 9 8 , 6 8 ( e h t n i s e t o v s e t o V d e n i a t b o d e n i a t b O 3 8 . 5 4 4 . 5 3 6 . 2 2 0 . 2 2 6 . 1 8 9 . 0 8 6 . 0 5 4 . 0 2 1 . 0 1 1 . 0 1 1 . 0 5 9 6 , 6 0 5 7 9 6 , 2 7 4 1 6 8 , 8 2 2 8 9 8 , 5 7 1 8 8 6 , 0 4 1 3 7 4 , 5 8 2 7 1 , 9 5 0 6 8 , 8 3 3 5 2 , 0 1 2 8 8 , 9 1 8 4 , 9 l a c i t i l o P s e i t r a P G y t r a P C y t r a P K y t r a P A y t r a P E y t r a P H y t r a P I y t r a P F y t r a P B y t r a P D y t r a P J y t r a P Electoral Process (Amendment) [No. 12 of 2026 515 r e b m u n s t a e s f o l a t o T d e t a c o l l a n o i t a c o l l a g n i k n a r r e t f a t a e S s u l p r u s e h t s n o i t c a r f g n i k n a R s u l p r u S n o i t c a r f r e d n i a m e R g n i n i a m e r s t a e S ( ) d e t a c o l l a e b o t t u o h t i w ( s u l p r u s ) n o i t c a r f l a u t c A s t a e s 5 4 2 2 2 5 1 1 0 1 1 1 4 3 5 1 2 4 7 3 . 0 8 0 . 0 8 9 . 0 2 5 . 0 1 2 . 0 4 4 1 1 1 4 1 1 5 1 - h t u o Y s t a e S e h t e d i v i D r o f a t o u Q ) 4 6 8 , 5 1 1 ( s h t u o Y d e n i a t b o e h t n i s e t o v 7 3 . 4 8 0 . 4 8 9 . 1 2 5 . 1 1 2 . 1 4 7 . 0 1 5 . 0 4 3 . 0 9 0 . 0 9 0 . 0 8 0 . 0 d e n i a t b O s e t o V l a c i t i l o P s e i t r a P 5 9 6 , 6 0 5 7 9 6 , 2 7 4 1 6 8 , 8 2 2 8 9 8 , 5 7 1 8 8 6 , 0 4 1 3 7 4 , 5 8 2 7 1 , 9 5 0 6 8 , 8 3 3 5 2 , 0 1 2 8 8 , 9 1 8 4 , 9 G y t r a P C y t r a P K y t r a P A y t r a P E y t r a P H y t r a P I y t r a P F B y t r a P y t r a P D y t r a P J y t r a P t s e h g i h e h t f o e c n e u q e s n i s t a e s g n i n i a m e r e h t g n i t a c o l l A – ) v i ( p e t S r o f s t a e s f o r e b m u n e h t g n i n i m r e t e D – ) i i i ( p e t S n o i t c a r f s u l p r u s s e i t r a p l a c i t i l o p 516 No. 12 of 2026] Electoral Process (Amendment) r e b m u n s t a e s f o l a t o T d e t a c o l l a t a e S e h t g n i k n a R n o i t a c o l l a g n i k n a r r e t f a s n o i t c a r f s u l p r u s n o i t c a r f s u l p r u S r e d n i a m e R g n i n i a m e r s t a e S ( ) d e t a c o l l a e b o t t u o h t i w ( s u l p r u s ) n o i t c a r f l a u t c A s t a e s 3 2 5 2 1 3 1 2 6 4 . 0 6 3 . 0 1 1 3 2 - s D W P s t a e S 5 e h t e d i v i D r o f a t o u Q ) 2 9 5 , 7 4 3 ( s D W P d e n i a t b o e h t n i s e t o v 6 4 . 1 6 3 . 1 6 6 . 0 1 5 . 0 0 4 . 0 5 2 . 0 7 1 . 0 1 1 . 0 3 0 . 0 3 0 . 0 3 0 . 0 d e n i a t b O s e t o V 5 9 6 , 6 0 5 7 9 6 , 2 7 4 1 6 8 , 8 2 2 8 9 8 , 5 7 1 8 8 6 , 0 4 1 3 7 4 , 5 8 2 7 1 , 9 5 0 6 8 , 8 3 3 5 2 , 0 1 2 8 8 , 9 1 8 4 , 9 l a c i t i l o P s e i t r a P G y t r a P C y t r a P K y t r a P A y t r a P E y t r a P H y t r a P I y t r a P F y t r a P B y t r a P D y t r a P J y t r a P t s e h g i h e h t f o e c n e u q e s n i s t a e s g n i n i a m e r e h t g n i t a c o l l A – ) v i ( p e t S n o i t c a r f s u l p r u s f o r e b m u n e h t g n i n i m r e t e D – ) i i i ( p e t S s e i t r a p l a c i t i l o p r o f s t a e s
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Electoral Process (Amendment) Act, 2026
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