EC guides on certain ‘spoiled ballots’ that must be allowed

The Electoral Commission (EC) has issued fresh guidance to election officials and observers on how to handle ballot papers that are often mistakenly declared invalid, ahead of Thursday’s general elections. 

EC Chairman Justice Simon Byabakama gave the clarification on Monday while briefing election observers, amid growing concern over the high number of invalid votes recorded in previous polls.

He noted that invalid votes remain a serious issue in Uganda’s elections, sometimes exceeding the total votes garnered by some candidates. 

While in certain cases, voters deliberately spoil their ballots, Byabakama said, others make minor mistakes that can be overlooked and their votes counted

 “Some people get a ballot paper and write messages praising their candidate. Others put a tick on their candidate of choice and then cross out the other candidates, while some simply drop the ballot paper in the box without marking it,” he said, adding that such ballots are clearly invalid under the law.

However, the EC chairman warned that not all ballots that appear irregular should be rejected. 

He pointed out that during the training of presiding officers, special emphasis has been placed on understanding when, legally, a ballot becomes invalid. 

According to Justice Byabakama, there have been cases where voters place a tick or thumbprint next to a candidate’s photograph, symbol or name, rather than in the designated box.

“The law is very clear,” he stressed. “A vote cannot be invalid on account of the mark not being in its prescribed area. If the intention of the voter can be clearly discerned, then the vote is valid.”

He also raised concern about the influence of crowds during vote counting. Justice Byabakama observed that the EC’s transparent counting process, which requires each ballot to be displayed to the public, can sometimes expose presiding officers to intimidation. 

In some instances, members of the crowd shout that a ballot is invalid, pressuring officials into rejecting it.

As a result, the EC has called for better control of who is allowed near polling stations during counting, to protect the integrity of the process and ensure that voters’ intentions are respected.

The commission says the guidance is aimed at reducing unnecessary invalid votes and safeguarding the will of the electorate.