The Electoral Process (Amendment) Act No. 12 of 2026 was passed by Parliament on 13th May, 2026 and assented to by the President on 15th May, 2026. It amends the Electoral Process Act No. 35 of 2016, which governs the conduct of elections and the mandate of the Electoral Commission of Zambia (ECZ).
The amendments introduce changes to candidate nominations, voter inspection, publication requirements, election administration, proportional representation and the Electoral Code of Conduct. The Act also introduces new definitions, including ‘adoption certificate’, ‘party list’ and ‘nomination petition’.
One of the most significant changes is the introduction, through a new Part IVA, of a legal framework to operationalise the proportional representation (PR) electoral system introduced by the Constitution of Zambia (Amendment) Act, 2025.
The new framework:
• Requires a political party to have a presidential candidate contesting the presidential election before it can qualify for PR seats
• Establishes a formula for allocating PR seats among political parties based on presidential vote share
• Provides for the allocation of PR seats reserved for women, youth and persons with disabilities
• Requires political parties to submit ‘party lists’; identifying individuals who may occupy PR seats
• Regulates how vacancies in PR seats will be filled and how replacements will be selected
• Allows political parties to recall Members of Parliament and councillors holding PR seats
Changes have also been made to the nomination of local government candidates. In addition to submitting a nomination paper, they are now required to submit a supporting affidavit. Candidates sponsored by political parties must also submit an ‘adoption certificate’. This document serves as proof that the candidate has been officially adopted by the political party.
The system requiring that a nomination paper be signed by a proposer and a seconder, in addition to a minimum number of registered voters, has been removed and replaced with a requirement for candidates to obtain signatures from registered voters only. District candidates must obtain at least fifteen signatures, while ward candidates must obtain at least nine.
A new Part VIIIA introduces nomination petitions. Any person challenging the nomination of a candidate under Article 52(4) of the Constitution is now required to file a nomination petition. The Chief Justice is empowered to make rules relating to procedure, timelines, fees and representation in such matters.
The Act requires the Electoral Commission to publish particulars of validly nominated presidential, parliamentary and local government candidates, as well as party lists under the PR system. Publication may now be made through the Gazette, widely circulated newspapers or electronic media.
Also introduced are provisions allowing the Commission to determine the period for inspection of the Provisional Register of Voters, as well as the express allowance of electronic inspection of the register. Additionally, the Act reduces the period for raising objections relating to details contained in the register from ninety days to fourteen days.
The definition of the campaign period has been amended, now beginning after the close of nominations and ending on the day before an election. The exact dates remain subject to determination by the Electoral Commission.
Section 37 of the 2016 Act, which dealt with presiding officers, has been repealed and replaced. The new section 37 requires the Electoral Commission to appoint a returning officer for each constituency, district or ward. Section 37A details the powers and duties of returning officers, including conducting nominations, collating results, declaring parliamentary and local government election results, and announcing presidential results at constituency level.
An amendment to section 72 aligns the results-tallying process with section 37A. It specifies the categories for which returning officers must announce and declare results during the tallying process, including parliamentary, mayoral, council chairperson and councillor elections. Presidential results remain limited to announcement only.
The appointment of presiding officers is now provided for separately, under section 37B. Further, section 68 has been amended to require presiding officers to mark rejected ballot papers with the word ‘rejected’, replacing the previous requirement to mark them with the letter ‘A’.
The sanction for breaches of the Electoral Code of Conduct has been changed from disqualification to suspension, and the Act expressly provides for regulations relating to the delimitation of constituencies, wards and polling districts.
As the country approaches the August 2026 general elections, the new provisions will form part of the legal framework governing the conduct of elections, how voters engage with the electoral process and how proportional representation seats are allocated.