A group called Anti-Vote Rigging, which was aligned with the opposition, took the matter to the High Court, seeking a decision that would force the Electoral Commission to "register new voters ahead of the elections because most people will be defranchised".

The opposition objected to the printing of the extra ballot papers, arguing that they could facilitate vote rigging and calling for them to be destroyed.

[12] On 27 September 2008, Chief Justice Ernest Sakala announced that four candidates had validly filed and would stand in the elections; Banda for the MMD, Sata for the PF, Hichilema for the UPND, and Miyanda for the Heritage Party.

[14] Acting President Rupiah Banda, who succeeded Mwanawasa due to his position as vice-president, was the MMD candidate.

The party's Chairman for Information and Publicity, Benny Tetamashimba, argued that Rupiah Banda should be the candidate in an interview on 24 August.

According to Chibombamilimo, "her developmental work scattered throughout the country and her leadership at the continental level where she has led her fellow first ladies in the fight against HIV/AIDS" demonstrated that she had the ability to serve as president.

[17] Finance Minister Ng'andu Magande also applied to be the MMD's candidate[17][18] on 25 August, saying that he was "eminently qualified" because he had "rich experience in managing state operations both internationally and locally".

According to Munkombwe, Mwanawasa was nearly beaten by Anderson Masoka in the 2001 presidential election because he had been essentially "handpicked" by the MMD National Executive Committee.

[17] It was reported on 31 August that thirteen politicians had filed to run as the MMD's candidate: Maxwell Mwamba, Pastor Nyirongo, former vice-president Enoch Kavindele, Acting President Rupiah Banda, former vice-president Nevers Mumba, Home Affairs Minister Ronnie Shikapwasha, MMD Chairperson for Commerce and Trade Sebastian Kopulande, Finance Minister Ng'andu Magande, Charles Ngesa, Billy Phiri, Martin Chama, former Constitution Review Commission (CRC) chairperson Wila Mung'omba and former Works and Supply Minister Ludwig Sondashi.

[4] The MMD National Executive Committee chose Rupiah Banda as the party's presidential candidate in a secret ballot on 5 September 2008.

On this occasion, Banda promised to "unite the party and the entire nation" and to "continue implementing [Mwanawasa's] programs", while expressing gratitude for the support he had received.

[21] Shortly before the elections, he announced a 75% reduction in the price of fertilizer; this was considered a populist move intended to buttress his rural support.

[22] Speaking on 24 October, Independence Day, Banda said that the country could "look to the future with hope because even when prophets of doom were predicting chaos following the death of Mwanawasa, Zambians were united in ensuring that the due process of the law is observed as we prepare for his successor".

[25] On 15 October, Sata said that, if elected, he would require foreign investors to reserve at least 25% of the shares in their companies for Zambians, with the penalty of losing their licenses if they did not do so.

[24] Supporters of Sata in Livingstone set up a roadblock on 28 October to halt trucks that they believed might be transporting pre-marked ballots from South Africa into the country through Zimbabwe; they were dispersed by police with tear gas.

At his last rally of the campaign, held in Lusaka on 29 October, Sata denied that he was seeking to incite unrest, but he remained unwilling to state ahead of time that he would accept the results.

[14] There were some concerns about Sata's health; although he appeared vigorous in the period leading up to the elections, he suffered a heart attack in April 2008 and had to be evacuated to South Africa.

UNIP's Information and Publicity Secretary for Copperbelt Province, Brian Chishimba, had previously said that the party would not present a candidate due to internal disagreements, but Alfred Banda dismissed this statement.

[31] Sata voted in central Lusaka and "emphatically" reiterated that he would not accept a victory for Banda, saying that there was "no way MMD can win".

[32] An apparent attempt at fraud was reported in Lusaka, where an election officer was arrested after he was found carrying an envelope containing ballots that were pre-marked in favour of Banda.

[15] Results from the evening of 1 November, with 148 constituencies counted, showed Banda leading with 40.0% to Sata's 38.5%, Hichilema at 19.5% and Miyanda at 0.8%.

He appointed George Kunda as vice president and chose Situmbeko Musokotwane to replace Finance Minister Ng'andu Magande.