Handling Spoilt Ballots and Assisted Voters in Kenyan Elections

A spoilt ballot is not a lost vote — Kenya's election law gives every voter up to two chances to replace a mistake, and specific protections for voters with disabilities. Understanding these procedures helps agents ensure no voter is disenfranchised.

The ORPP Agents Quick Guide (June 2022) from the Office of the Registrar of Political Parties details the official procedures for handling spoilt ballots, assisted voters, and adjournment of voting. These are among the most frequently misunderstood aspects of election-day operations.

Spoilt Ballots: The Replacement Procedure

A voter who makes an error while marking their ballot paper — for example, marking the wrong candidate or making an ambiguous mark — is not forced to cast that ballot. The law provides a clear replacement procedure.

How It Works

1. Voter requests a replacement — the voter returns the spoilt ballot paper to the Presiding Officer (PO) before depositing it in the ballot box
2. PO cancels the spoilt ballot — the PO stamps the spoilt ballot paper with the word "SPOILT" to cancel it
3. New ballot paper issued — the voter receives a fresh, stamped ballot paper for the relevant position
4. Maximum two replacements — a voter may request a replacement up to two times for any single position. After two replacements (meaning the voter has received three ballot papers for that position), no further replacement is allowed
5. Spoilt ballots packaged separately — all spoilt ballots are collected and packaged in a separate envelope, distinct from used, unused, and rejected ballots

What Agents Should Watch For

• Ensure the PO stamps every returned ballot as "SPOILT" — an unstamped cancelled ballot could be confused with valid ballots later
• Count the number of replacements — no voter should receive more than two replacements per position
• Verify that spoilt ballots are kept in a separate, clearly labelled envelope
• Record the total number of spoilt ballots — this number is important for the reconciliation formula at closing

Assisted Voters: Protecting Voters with Disabilities

Kenya's election law provides specific protections for voters who cannot mark their own ballots due to a disability — visual impairment, physical disability, or illiteracy.

Who Qualifies for Assistance

• Visually impaired voters — voters who cannot see the ballot paper clearly enough to mark it
• Physically disabled voters — voters who cannot hold a pen or enter the polling booth independently
• Other disabilities — any condition that prevents the voter from independently marking and depositing their ballot

The Assistance Procedure

1. Voter chooses their assistant — the voter selects a person over 18 years of age of their own choice to assist them
2. The assistant cannot be an agent — party agents, candidates, or election officials are not permitted to act as assistants. This rule prevents any appearance of influence over the voter's choice
3. Oath of Secrecy (Form 32) — the chosen assistant must take and sign the Oath of Secrecy on Form 32 before assisting the voter. This oath binds the assistant to never reveal how the voter marked their ballot
4. PO records the assistance — the Presiding Officer records the details of the assisted vote in the polling station diary, including the voter's name, the assistant's name, and the nature of the disability
5. Assistant enters the booth — the assistant accompanies the voter into the polling booth and marks the ballot according to the voter's instructions

Special Provisions

What Agents Should Watch For

• Ensure the assistant is chosen by the voter, not imposed by anyone else
• Verify that the assistant takes the Oath of Secrecy on Form 32
• Confirm that no agent or election official is acting as an assistant
• Record the number of assisted voters — an unusually high number may warrant investigation
• Watch for any assistant appearing to direct the voter's choice rather than following instructions

Adjournment of Voting

In exceptional circumstances, voting at a polling station may be adjourned — temporarily suspended — before the normal 5:00 PM closing time. The law specifies the grounds and procedures for adjournment.

Grounds for Adjournment

• Riot or open violence — if violence breaks out at or near the polling station, making it unsafe to continue
• Natural disaster — flooding, storms, or other natural events that make the station unusable
• Administrative difficulties — failure of election materials, destruction of the station, or other logistical crises that prevent voting from continuing

Adjournment Procedure

1. PO makes the decision — the Presiding Officer, in consultation with security personnel, decides to adjourn
2. All materials secured — ballot boxes are sealed, and all election materials are secured under the supervision of agents and security
3. Agents notified — all agents present are informed of the adjournment and the reason
4. Voting resumes — when conditions allow, voting resumes at the same station. Voters who had already voted are not allowed to vote again (checked via indelible ink and the marked register)
5. Extended hours — the time lost during adjournment is added to the closing time to ensure all registered voters have an opportunity to vote

Agents should document everything during an adjournment: the time voting stopped, the reason given, how materials were secured, and the time voting resumed. This record is critical evidence in any subsequent petition.

For agents using Votrack, the platform's real-time reporting allows immediate notification to the party hierarchy when an adjournment occurs, including GPS-tagged timestamps and photographic evidence of sealed materials.

CTA: Ensure your agents know how to handle every situation on election day. Request a Votrack demo to see how real-time reporting protects your votes.