Some commentators have expressed concerns over the endorsement of the use of non-serialized ballot papers by the Electoral Act (EA) 2026. They argue that this gap in the EA 2026 may open the door for unscrupulous politicians to print their own ballot papers which they can use to stuff the ballot boxes to the detriment of their opponents. This short note argues that from the wording of the Electoral Act of 2026, the provisions pertaining to the use of ballot papers are not different from the provisions of the Electoral Acts of 2010 and 2022 on the same subject.
Under Section 66(1) of the 2010 Electoral Act, a general rule was established to the effect that a ballot paper which does not bear the official mark shall not be counted by the Returning Officer. However, section 66(2) of the 2010 Electoral Act recognized an exception that if the returning officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers, which was given to the presiding officer of the polling unit in which the vote was cast for use at the Election in question, he shall not withstanding the absence of the official mark count that ballot paper.
The foregoing provision of subsection 2 of the 2010 Electoral Act was retained in section 63(1) of the 2022 Electoral Act as well as by the Electoral Act of 2026, same section which provides as follows:
Subject to the provision of subsection (2) a ballot paper, which does not bear the official mark prescribed by the commission shall not be counted.
The said Subsection 2 provides: where the returning officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers which was furnished to the presiding officer of the polling unit in which the vote was cast for use at the election in question, he or she shall, notwithstanding the absence of the official mark count the ballot paper.
To address the gap in the above provision pertaining to the discretion granted a Returning Officer, Section 73(2) of the Electoral Act 2026 provides that any election conducted without serially numbered ballot papers, among other documents shall be INVALID.
There is therefore no cause for alarm over the possibility of use of un-numbered or non-serialized ballot papers in the 2026/27 General Elections. The Electoral Act of 2026 clearly prohibits the use of non-serialized ballot papers.
Prof Yemi Akinseye-George, SAN, FCIARB, FNIALS
Legal Practitioner & Consultant,
President, Centre for Socio-Legal Studies (CSLS)
