The Electoral Process (Amendment) Act, 2026

[No. 12 of 2026 497Electoral Process (Amendment)
An Act to amend the Electoral Process Act.
[15th May, 2026
ENACTED by the Parliament of Zambia
1. This Act may be cited as the Electoral Process (Amendment)
Act, 2026, and shall be read as one with the Electoral Process Act,
in this Act referred to as the principal Act.
2. Section 2 of the principal Act is amended by the—
(a) deletion of the definitions of “campaign period”,
“candidate”, “Code” and “presiding officer” and the
substitution therefor of the following:
“campaign period” means the period commencing
after the close of nominations and ending on
the day preceding an election, as the
Commission determines, in accordance with
section 28;
“candidate” has the meaning assigned to the word in
the Constitution and includes a person on a party
list for a seat under the proportional
representation electoral system in the National
Assembly or a council;
Enactment
Short title
Cap. 13
Amendment
of section 2
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 12 of 2026
Date of Assent: 15th May, 2026
Single Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101, Lusaka, Price K40.00 each

Date of Assent: 15th May, 2026
Single Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101, Lusaka, Price K40.00 each

Cap. 1
Cap. 119
Cap. 119
Cap. 1
Amendment
of section 12
Amendment
of section 13
498 No.

Cap. 1
Cap. 119
Cap. 119
Cap. 1
Amendment
of section 12
Amendment
of section 13
498 No.

12 of 2026] Electoral Process (Amendment)
“Code” means the Electoral Code of Conduct set out
in the First Schedule;
“presiding officer” means a person appointed as
presiding officer by the Commission under
section 37B; and
(b) insertion of the following new definitions in the appropriate
places in alphabetical order:
“adoption certificate” means a certificate signed by
the president and secretary-general of a political
party, or in the absence of the secretary-general,
the president and deputy secretary-general of a
political party, as prescribed, specifying a
candidate who is sponsored by that political party
for an election to the office of President,
Member of Parliament, mayor, council
chairperson or councillor;
‘deputy secretary-general’ means an office-bearer
designated as deputy secretary-general, or an
equivalent office-bearer, of a political party in
accordance with the Societies Act;
“nomination petition” means a nomination petition filed
in accordance with section 95A;
“party list” means a list prepared by a political party
for the purposes of the proportional
representation electoral system and submitted
to the Returning Officer or a district electoral
officer by a political party in accordance with
section 36C;
“person with disability” has the meaning assigned to
the words in the Constitution;
“president” means an office-bearer designated as
president of a political party in accordance with
the Societies Act;
“secretary-general” means an office-bearer
designated as secretary-general, or an equivalent
office-bearer, of a political party in accordance
with the Societies Act; and
“youth” has the meaning assigned to the word in the
Constitution.

valent
office-bearer, of a political party in accordance
with the Societies Act; and
“youth” has the meaning assigned to the word in the
Constitution.

3. Section 12(2) of the principal Act is amended by the insertion
of the word “new” immediately after the words “registration of”. 4. Section 13 of the principal Act is amended by the insertion
of the following new subsections immediately after subsection (2):
Cap. 119

ration of”. 4. Section 13 of the principal Act is amended by the insertion
of the following new subsections immediately after subsection (2):
Cap. 119

(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. 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. 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”. 7. Section 28 of the principal Act is amended by the insertion
of the following new subsection immediately after subsection (3):
(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.

n 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.

Section 30 of the principal Act is amended—
(a) in subsection (1), by the—
(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. Amendment
of section 17
Amendment
of section 27
Amendment
of section 28
Amendment
of section 30
[No. 12 of 2026 499Electoral Process (Amendment)

vely. Amendment
of section 17
Amendment
of section 27
Amendment
of section 28
Amendment
of section 30
[No. 12 of 2026 499Electoral Process (Amendment)

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). 10. The principal Act is amended by the repeal of section 33
and the substitution therefor of the following:
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.

red 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. Amendment
of section 31
Repeal and
replacement
of section 33
Nomination
of candidates
in district or
ward
500 No. 12 of 2026] Electoral Process (Amendment)

ment
of section 31
Repeal and
replacement
of section 33
Nomination
of candidates
in district or
ward
500 No. 12 of 2026] Electoral Process (Amendment)

(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. 11. The principal Act is amended by the insertion of the
following new Part immediately after Part IV:
PART IVA
PROPORTIONAL REPRESENTATION ELECTORAL SYSTEM
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. 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.

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. Cap. 1
Insertion of
Part IVA
Eligibility
for
participation
in
proportional
representation
electoral
system
Cap. 1
Formula and
distribution
of seats
under
proportional
representation
electoral
system
[No. 12 of 2026 501Electoral Process (Amendment)

al
system
Cap. 1
Formula and
distribution
of seats
under
proportional
representation
electoral
system
[No. 12 of 2026 501Electoral Process (Amendment)

Submission
of party list
Cap.1
Cap.1
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.

ed 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. 502 No. 12 of 2026] Electoral Process (Amendment)

tted under
subsection (1) meets the requirements
specified under Article 153(4) of the
Constitution. 502 No. 12 of 2026] Electoral Process (Amendment)

(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. (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. (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.

tial
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.

(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:
(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. Cap. 1
Cap. 1
Requirements
of party
list for seat
in National
Assembly
[No. 12 of 2026 503Electoral Process (Amendment)

ion of the term of Parliament. Cap. 1
Cap. 1
Requirements
of party
list for seat
in National
Assembly
[No. 12 of 2026 503Electoral Process (Amendment)

(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. (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.

ubsection (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. (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
Cap. 65
Number of
councillors
under
proportional
representation
electoral
system
Requirements
of party list
for seat in
council
504 No. 12 of 2026] Electoral Process (Amendment)

rs
under
proportional
representation
electoral
system
Requirements
of party list
for seat in
council
504 No. 12 of 2026] Electoral Process (Amendment)

(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. 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. (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.

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. (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—
(a) be eligible to contest an election or qualify
to be on a list under the proportional
representation electoral system; or
Cap. 65
Publication
of party list
Vacancy in
office of
Member of
Parliament
under
proportional
representation
electoral
system
Cap. 1
Cap.1
[No. 12 of 2026 505Electoral Process (Amendment)

ncy in
office of
Member of
Parliament
under
proportional
representation
electoral
system
Cap. 1
Cap.1
[No. 12 of 2026 505Electoral 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.

ion (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. (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
506 No. 12 of 2026] Electoral Process (Amendment)

esentation electoral system. Vacancy for
councillors
in
proportional
representation
electoral
system
506 No. 12 of 2026] Electoral Process (Amendment)

(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).

ional 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. [No. 12 of 2026 507Electoral Process (Amendment)

party that qualifies for a seat in line with
the formula for distribution of seats under section 36B. [No. 12 of 2026 507Electoral 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. 12. The principal Act is amended by the repeal of section 37
and the substitution therefor of the following:
37. The Commission shall appoint a returning
officer, in respect of each constituency, district or
ward, by notice in the Gazette. 13. The principal Act is amended by the insertion of the
following new sections immediately after section 37:
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. 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. 14.

mmission shall, after prescribing
a date for an election, appoint a presiding officer for
each polling station at which the election is conducted. 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;
Repeal and
replacement
of section 37
Appointment
of returning
officer
Insertion of
sections 37A
and 37B
Powers and
duties of
returning
officer
Appointment
of presiding
officer
Amendment
of section 60
508 No. 12 of 2026] Electoral Process (Amendment)

37B
Powers and
duties of
returning
officer
Appointment
of presiding
officer
Amendment
of section 60
508 No. 12 of 2026] Electoral Process (Amendment)

(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. Section 68 of the principal Act is amended by the deletion
of—
(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. Section 70 of the principal Act is amended by the deletion
of the marginal note and the substitution therefor of the following:
Objections concerning counting of votes and
announcement of results
17. Section 71 of the principal Act is amended by the deletion
of the marginal note and the substitution therefor of the following:
Procedure concerning results and voting materials
18.

is amended by the deletion
of the marginal note and the substitution therefor of the following:
Procedure concerning results and voting materials
18.

Section 72 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(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. Amendment
of section 68
Amendment
of section 70
Amendment
of section 71
Amendment
of section 72
[No. 12 of 2026 509Electoral Process (Amendment)

tion. Amendment
of section 68
Amendment
of section 70
Amendment
of section 71
Amendment
of section 72
[No. 12 of 2026 509Electoral Process (Amendment)

19. The principal Act is amended by the repeal of section 80
and the substitution therefor of the following:
80. Despite section 79, the Commission shall provide
voter education. 20. The principal Act is amended by the insertion of the
following new Part immediately after Part VIII:
PART VIIIA
NOMINATION PETITIONS
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. (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. (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.

ary. (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. 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
Voter
education
Insertion of
Part VIIIA
Nomination
petition
Cap. 1
Rules
relating to
nomination
petition
Amendment
of section
110
Repeal and
replacement
of section 80
510 No. 12 of 2026] Electoral Process (Amendment)

Rules
relating to
nomination
petition
Amendment
of section
110
Repeal and
replacement
of section 80
510 No. 12 of 2026] Electoral Process (Amendment)

(b) in subsection (2), by the deletion of the word
“disqualify” and the substitution therefor of the word
“suspend”.
22. Section 125(2) of the principal Act is amended by the
deletion of paragraph (w) and the substitution therefor of the
following:
(w) the delimitation of constituencies, wards and
polling districts;.
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.
24. The principal Act is amended in the Schedule by the deletion
of the Heading and the substitution therefor of the following:
FIRST SCHEDULE
(Section 110)
25. The principal Act is amended by the insertion of a new
Second Schedule as set out in the Appendix.
General
amendment
Amendment
of Schedule
Insertion of
Second
Schedule
Amendment
of section
125
[No. 12 of 2026 511Electoral Process (Amendment)

pendix.
General
amendment
Amendment
of Schedule
Insertion of
Second
Schedule
Amendment
of section
125
[No. 12 of 2026 511Electoral 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.

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).

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. 512 No. 12 of 2026] Electoral Process (Amendment)

National Assembly. However, the number of seats in a council varies in accordance with section 36E. 512 No. 12 of 2026] Electoral Process (Amendment)

TABLE
(Paragraph (b))
Step (i) – Calculating the total number of valid votes cast
Add all the valid
Presidential votes obtained by
Election Results the candidates
Candidate Party Votes Obtained
Candidate 1 A 175,898
Candidate 2 B 10,253
Candidate 3 C 472,697
Candidate 4 D 9,882
Candidate 5 E 140,688
Candidate 6 F 38,860
Candidate 7 G 506,695
Candidate 8 H 85,473
Candidate 9 I 59,172
Candidate 10 J 9,481
Candidate 11 K 228,861
TOTAL VALID VOTES 1,737,960
Other figures (not considered in determining the Quota)
Rejected Votes 33,375
Total Votes Cast 1,771,335
Registered Voters 2,604,761
Step (ii) – Determining the Quota
Category
of PR Seats Total Valid
Votes -
1,737,960
divide The Quota
by the (Value of one
number of seat for each
seats category of PR)
Women 20 86,898
Youths 15 115,864
PWDs 5 347,592
[No. 12 of 2026 513Electoral Process (Amendment)

of one
number of seat for each
seats category of PR)
Women 20 86,898
Youths 15 115,864
PWDs 5 347,592
[No. 12 of 2026 513Electoral Process (Amendment)

Step (iii) – Allocating seats to political parties Step (iv) – Allocating the remaining seats in sequence of the highest surplus
fraction
Actual seats Remainder Ranking the Seat Total
Women - 20 (without surplus (Seats remaining Surplus Surplus allocation number
Seats fraction) to be allocated) fraction fractions after of seats
ranking allocated
Divide the
Quota
for Women
(86,898)
in the
Political Votes votes
Parties Obtained obtained
Party G 506,695 5.83 5 0.83 1 1 6
Party C 472,697 5.44 5 0.44 4 1 6
Party K 228,861 2.63 2 0.63 2 1 3
Party A 175,898 2.02 2 0.02 5 1 3
Party E 140,688 1.62 1 0.62 3 1 2
Party H 85,473 0.98
Party I 59,172 0.68
Party F 38,860 0.45
Party B 10,253 0.12
Party D 9,882 0.11
Party J 9,481 0.11
15 5 5 20
514 No. 12 of 2026] Electoral Process (Amendment)

59,172 0.68
Party F 38,860 0.45
Party B 10,253 0.12
Party D 9,882 0.11
Party J 9,481 0.11
15 5 5 20
514 No. 12 of 2026] Electoral Process (Amendment)

Step (iii) – Determining the number of seats for Step (iv) – Allocating the remaining seats in sequence of the highest
political parties surplus fraction
Youth - 15 Actual Remainder Ranking Seat Total
Seats seats (Seats Surplus the surplus allocation number
(without remaining fraction fractions after of seats
surplus to be ranking allocated
fraction) allocated)
Divide the
Political Votes Quota for
Parties Obtained Youths
(115,864)
in the
votes
obtained
Party G 506,695 4.37 4 0.37 3 1 5
Party C 472,697 4.08 4 0.08 5 0 4
Party K 228,861 1.98 1 0.98 1 1 2
Party A 175,898 1.52 1 0.52 2 1 2
Party E 140,688 1.21 1 0.21 4 1 2
Party H 85,473 0.74
Party I 59,172 0.51
Party F 38,860 0.34
Party B 10,253 0.09
Party D 9,882 0.09
Party J 9,481 0.08
11 4 4 15
[No. 12 of 2026 515Electoral Process (Amendment)

I 59,172 0.51
Party F 38,860 0.34
Party B 10,253 0.09
Party D 9,882 0.09
Party J 9,481 0.08
11 4 4 15
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Step (iii) – Determining the number of Step (iv) – Allocating the remaining seats in sequence of the highest
seats for political parties surplus fraction
PWDs - Actual Remainder Ranking the Seat Total
5 Seats seats (Seats Surplus surplus allocation number
(without remaining fraction fractions after of seats
surplus to be ranking allocated
fraction) allocated)
Divide the
Quota for
PWDs
(347,592)
in the
Political Votes votes
Parties Obtained obtained
Party G 506,695 1.46 1 0.46 1 2 3
Party C 472,697 1.36 1 0.36 2 1 2
Party K 228,861 0.66
Party A 175,898 0.51
Party E 140,688 0.40
Party H 85,473 0.25
Party I 59,172 0.17
Party F 38,860 0.11
Party B 10,253 0.03
Party D 9,882 0.03
Party J 9,481 0.03
2 3 3 5
516 No. 12 of 2026] Electoral Process (Amendment)