Fact-Check: Why viral presidential ballot paper isn't spoilt

Any mark simply means any writing within the box of a presidential candidate.

In Summary

•A spoilt vote is one that is not counted in favour of any candidate because the voting mark falls on more than one candidate. 

•The ballot paper showed the voter had written 'The 5th' in favour of one of a presidential candidate.

A marked presidential ballot paper.
A marked presidential ballot paper.
Image: TWITTER

A used presidential ballot paper going viral on social media has divided Kenyans on whether it is a spoilt vote or not.

Important to note, IEBC has warned voters against violating secrecy of the ballot through sharing photos of marked ballot papers.

The commission has said the act is punishable by law.

A spoilt vote is one that is not counted in favour of any candidate because the voting mark falls on more than one candidate. 

The ballot paper showed the voter had written 'The 5th' in favour of one of a presidential candidate.

Many Kenyans on social media termed the ballot paper as a spoilt vote arguing that one was required to 'tick', mark 'X' for a vote to be valid.

The fact checker has however established that such a vote is not a spoilt vote.

According to instructions on the ballot paper, which the author of this fact checker has verified as legitimate after having voted, the voter is required to "tick", Mark "X", Use a thumbprint or put any mark within a box of one presidential candidate.

Any mark simply means any writing within the box of a presidential candidate.

As such, the viral presidential ballot paper written The 5th' is a valid vote. 

However, IEBC recommends three main modes of voting. They are a "tick", a mark "X" and a "thumbprint". 

This kind of a ballot paper is however a spoilt vote.

Avoid a spoilt vote

IEBC has provided numerous guidelines to the voter on procedures to follow:

Once a voter receives a ballot, IEBC requires him or her to:

  • Make sure the six ballot papers have an official IEBC stamp.
  • When marking your ballot, make sure your mark corresponds to the name, portrait and symbol of the candidate.
  • Do not mark boxes corresponding to two candidates on one ballot paper.
  • Your mark should not touch outside the box of the candidate you are voting for.

However, if a voter spoils a ballot paper they may be given another ballot paper but this cannot be done more than twice.

Note: The Star is not responsible for contents of external sites.

This fact check was produced by The Star Newspaper with support from code for Africa’s Pesa Check, African Fact-Checking Alliance Network and the United Nations Development Program.

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