The following guidance has been produced to support Constituency Returning Officers (CROs) and Regional Returning Officers (RROs) as appropriate with the practice and procedure of running Scottish Parliament elections.

The guidance has been reviewed in consultation with the Electoral Management Board for Scotland (EMB), the Scottish Assessors Association (SAA), the Association of Electoral Administrators (AEA) and Scottish government officials. It reflects the relevant RO’s legal obligations and what we, and colleagues across the electoral community, believe should be expected of staff involved in preparing and delivering the Scottish Parliament elections.

At Scottish Parliament elections, the CRO is the person who has been appointed as the RO for local council elections in that area; in the case of a constituency that includes more than one local authority, the CRO is designated by an Order made by Scottish Ministers.

As CRO you are responsible for administering the nominations of candidates at the constituency contest, the conduct of the poll, the counting of votes for both the constituency election and that part of the regional contest that is included within the constituency.

The RRO is responsible for administering the nominations of parties and individual candidates at the regional contest and calculating the regional result. The RRO will also be a CRO and will be designated by Scottish Ministers.

Performance Standards

In addition to our role in providing advice and guidance, we set standards and monitor the performance of ROs through our performance standards framework.

Our guidance to support the delivery of your functions includes what we expect ROs will need to have in place and what we would expect to see for the key outcomes of the standards to be delivered. You should be mindful of this framework in the planning and delivery of the election.

For more information on the framework see our performance standards guidance.

How to use this guidance

This guidance is directed towards CROs and the duties they carry out. As these duties may, in practice, be carried out by deputes and/or appointed staff, we use the term you throughout this guidance to mean the CRO and whoever is carrying out the CRO’s functions on their behalf.

Some duties at Scottish Parliament elections are the responsibility of the RRO and where this is the case we will explicitly refer to the RRO.

In this guidance the term constituency refers to a constituency at a Scottish Parliament election. The term region refers to a region at a Scottish Parliament election.

Throughout this guidance we use must when we refer to a specific legal requirement and should for recommended practice, but which are not legal requirements.

You can also access guidance for candidates and agents.

To help you use this guidance we have produced a Q&A document that should answer any initial queries you may have.

You can find the Q&A document in the Roles and Responsibilities section of our resource page.

This section of the guidance covers the appointment of both the Constituency Returning Officer (CRO) and the Regional Returning Officer (RRO) as well as the roles and responsibilities of those appointed to these posts.

It also contains guidance on the consequences of the breach of official duty and the legislative powers available to us in certain circumstances.

Additionally, this section also contains guidance on the skills and knowledge that is expected to be required of CROs and RROs.

Finally, it provides a detailed list of the relevant legislation that the guidance has been written to reflect, and which a CRO and RRO should be familiar with.

Every council must appoint an officer of the council to be the RO for any elections of councillors to the council. By virtue of being the local government RO, you will also act as CRO for the Scottish Parliament election.

Insurance

You are personally liable for the conduct of the election in your constituency. You should ensure that you have appropriate insurance cover and that it is up to date. If you are also the RRO, you should check to ensure that you have insurance cover for your RRO responsibilities too and that it is up to date. You should be prepared to demonstrate robust planning and decision-making processes in the event of any challenge to the election and a claim against this cover.

The team at your council dealing with insurance may be able to help determine what existing cover is in place and available, and to provide advice as to whether it should be extended.

Constituency Returning Officer

As CRO, you play a central role in the democratic process. Your role is to ensure that the election is administered effectively and that, as a result, the experience of voters and those standing for election is a positive one. You must also consider the accessibility for voters at polling stations. Our guidance on assistance with voting for disabled people provides further information.

To achieve this, each RRO and CRO for a Scottish parliament constituency within each RRO’s region should have effective mechanisms in place to enable them to co-operate with each other in the discharge of their functions.

If you are also the RRO you are uniquely placed to liaise with the CROs in your area to ensure that all voters and candidates in the region receive a consistent and high-quality experience.

As CRO you are personally responsible for the conduct of the Scottish Parliament election in your constituency, including:

• publication of the notice of election for the constituency contest1
• administration of the nomination process for the constituency contest2
• encouraging participation
• publication of the statement of persons nominated and the notice of poll for the constituency contest3
• provision4 and equipment5 of polling stations
• appointment of polling station staff6
• conduct of the poll
• management of the postal vote process for both contests7
• verification and counting votes for both the constituency contest and that part of the regional contest that falls within your constituency8
• declaration of the constituency result9
• transmission of both contest results to the RRO10

Your duties as CRO are separate from your duties as a local government officer. As CRO you are not responsible to the council but are directly accountable to the courts as an independent statutory office holder.

While you can appoint one or more persons to discharge any or all of your functions as CRO, you cannot delegate your personal responsibility for delivering the election. For more information see our guidance on the appointment of deputes.

Regional Returning Officer

If you are also the RRO, in your region you will be personally responsible for:

• publication of the notice of election for the regional contest11
• administration of the nomination process for the regional contest12
• publication of the statement of persons and parties nominated and the notice of poll for the regional contest13
• directing, if necessary, the CROs in your region about the means of informing you of the results of both contests in each constituency within the region
• the collation, calculation and allocation of seats for the region14
• the declaration of the regional result15

Electoral Management Board for Scotland

The Electoral Management Board for Scotland (EMB) seeks to ensure that the interests of the voter are kept at the centre of all elections planning and administration. The EMB undertakes this by assisting ROs and Electoral Registration Officers (EROs) in relation to devolved Scottish elections through the promotion of best practice by providing information, advice or training.

The EMB Convener has the power to issue directions to ROs and to EROs in respect of Scottish Parliament elections.16 The Convener’s directions are issued following consultation with the Electoral Commission.

The directions or recommendations issued by the EMB Convener are available on their website and their aim is to achieve consistency in delivery across Scotland.

ROs and EROs must follow any directions issued by the EMB Convener.

Both as CRO (and also as RRO where applicable) you are subject to breach of official duty provisions. This means that if you or your appointed deputes are, without reasonable cause, guilty of any act or omission in breach of official duty you (and/or your deputes) are liable on summary conviction to a fine not exceeding £5,000.1

You have the power to take such steps as you think appropriate to remedy acts or omissions that arise in connection with your electoral functions that are not in accordance with the rules or any other requirements applicable to the election.2

This power allows you to correct procedural errors that are made by you CRO/RRO, an ERO, a Presiding Officer or person’s providing goods or services to you/them. This power does not extend to correcting errors made by candidates or agents. For more information on mistakes made during the nomination process by candidates and agents, please see our guidance on the correction of minor errors. 

A procedural error refers to an error someone has made during the process of planning or delivering the election, which may affect the election process or result. For example, incorrect information on poll cards or ballot papers, or postal or polling station ballot papers being issued in error or not issued when they should have been. The above examples are not exhaustive, and you should contact our Scotland Office for support and advice if you think you may have made a mistake that could be corrected using this power. You should also seek your own independent legal advice. 

Where you remedy a procedural act or omission in full using your power to correct a procedural error, you will not be guilty of an offence of breach of official duty.3 You should remember that the power to correct procedural errors does not enable you as CRO to recount the votes once the constituency result has been declared or once you have published the statement showing the votes given at the regional contest in your constituency, nor does it enable an RRO to recalculate the result for the region once the result has been declared.4

You should have a working knowledge of the legislation governing the conduct of the election. This means that, in addition to having a clear understanding of your particular statutory functions, you should have an overview of what the legislation contains and an understanding of how it affects the administration of the election, so that you can review, question where necessary, and quality-assure the whole process.

There are management responsibilities attached to your role. For example, you should:

• obtain the required staff and resources necessary to deliver a well-run election
• draw the necessary support, skills and expertise from across your own local council
• oversee the planning, project management and risk management of the election
• incorporate any lessons learnt from previous polls, identifying and overseeing any actions necessary to mitigate any issues arising
• ensure that staff are appropriately trained to deliver the roles required of them
• support the staff administering the election and provide appropriate oversight of their work
• provide direction to staff, monitor progress and receive regular feedback on activities
• maintain an effective working relationship with the RRO (if you are not also the RRO)
• maintain an effective working relationship with the ERO or EROs, where a constituency crosses local authority boundaries
• in the case of cross boundary constituencies, seek advice and assistance from any CROs and staff at other local councils
• maintain an effective working relationship with the CROs in your electoral region, where you are also the RRO
• maintain an effective working relationship with your police Single Point of Contact (SPOC)
• ensure that election accounts are completed in a timely manner

This guidance has been produced based on, and should be read in accordance with, the requirements set out in the following legislation (as amended):

• Representation of the People Acts 1983, 1985 and 2000
• Scotland Acts 1998 and 2012
• Political Parties, Elections and Referendums Act 2000
• Representation of the People (Scotland) Regulations 2001
• Scottish Parliament (Constituencies) Act 2004
• Electoral Administration Act 2006
• Political Parties and Elections Act 2009
• Local Electoral Administration (Scotland) Act 2011
• Electoral Registration and Administration Act 2013
• The Scottish Elections (Reduction of Voting Age) Act 2015
• The Scottish Parliament (Elections etc.) Order 2015
• The Scottish Parliament Elections (Regional Returning Officers and Constituency Returning Officers) Order 2025 
• The Scottish Parliament Elections (Returning Officer Fees and Charges) Regulations 2021 (due to be updated)
• Scottish Elections (Franchise and Representation) Act 2020
• Scottish Elections Reform Act 2020
• The Scottish Parliament (Disqualification) Order 2025
• Scottish Elections (Representation and Reform) Act 2025
• Scottish Parliament (Constituencies and Regions) Order 2025
• The Scottish Parliament (Disqualification of Members of the House of Commons) Regulations 2025
• The Scottish Parliament (Disqualification of Members of the House of Lords) Regulations 2025
• The Scottish Parliament (Disqualification of Councillors) Regulations 2025

The list above includes only the legislation that makes provision in areas that this guidance relates to and the legislation that is currently in force.

Data protection legislation applies to the processing of all personal data. CROs and RROs are personally responsible for ensuring that they comply with the requirements of data protection legislation. We have published guidance to support you in meeting your obligations under data protection legislation, as it relates to your electoral administration responsibilities.

You are also required to have regard to the public sector equality duty contained in Section 149 of the Equality Act 2010 when carrying out your duties.1

A Scottish Parliament election is a significant event which brings with it its own particular challenges. Having robust plans in place are crucial to ensure you are able to deliver a well-run election.  

This section of the guidance covers the planning you will need to do to support the delivery of the election, including what your plans should contain and how you should go about implementing it.

It also contains guidance on staffing and staff training required, the specific venues needed for key processes, and support on the use of suppliers and contractors.  

Additionally, this section also contains guidance on identifying, monitoring and mitigating risk, and developing plans with the police to ensure the integrity of the election is maintained.  

Finally, it provides guidance on how you will need to plan for your public awareness activity to promote both voter registration and provide information to support electors voting, and engagement with candidates and agents. 

A Scottish Parliament election will be a significant event which brings its own particular challenges. Your work to deliver a well-run poll will come under considerable scrutiny – from voters, candidates, political parties, agents and the media, including through social media.

This section seeks to highlight some of the particular context relevant to these Scottish Parliament elections which you should ensure underpins all aspects of your planning.

Nature of a Scottish Parliament election

The evolving political landscape could mean that even in places where there have traditionally been large majorities this may no longer be the case. The focus and circumstances could be different from anything experienced in your area before.

There may be a significant number of new or less experienced political parties, candidates and agents who are unfamiliar with the practices and processes of an election and who will need your support to be able to participate effectively.

Given the possibility of close and hard-fought contests, you should be prepared for the integrity of the elections to be scrutinised. Allegations and cases of electoral fraud will not only have a negative impact on the confidence of electors and campaigners, but they may also have a significant impact on your capacity to manage the election process effectively. It is therefore crucial that you put in place detailed and robust plans for monitoring and maintaining the integrity of the election in your area. You should work closely with the police, ensuring you have in place clear lines of communication for referring any allegations. For more information see our guidance on maintaining the integrity and security of the election.

Scale and turnout

Many aspects of planning for the election will need to reflect assumptions as to the likely turnout. Establishing such assumptions at an early stage in planning is of key importance as the scope for adjusting plans is limited at a later stage in the process.
 
The level of interest in the Scottish Parliament election is likely to be significant. You should plan for the possibility of a high turnout and, as a minimum, you should assume that the turnout will be not less than the turnout at the last equivalent polls.

As the poll becomes closer, the context will continue to evolve as the campaigns pick up pace. You will need to be prepared to react to events which could have an impact on the effective delivery of the poll. This will include having robust contingency plans in place that you can turn to where required. If, for example, there are televised Leaders’ debates, these could conceivably result in a late surge of registration and absent voting applications, as well as having an impact on turnout and could alter previous patterns of when completed postal votes are returned.

It is vital that appropriate provision of polling stations is made, with the numbers of staff within them sufficient to deal with the number of electors allocated to them. Although the legislation allows any voters in a queue at their polling station at 10pm to vote,1 the need to ensure that voters do not face undue delays in voting and can receive a high-quality service remains.

There is likely to be media focus on the verification, count and declaration of results and it will be important to manage expectations, not only of the media but of all with an interest in the results, by consulting on your proposed approach and subsequently communicating clearly what you expect to deliver and by when.

Before you start planning for the election, you should ensure that you have carried out a review of the last equivalent polls.

You should have:

• carried out a thorough evaluation of all processes outlined in your project plan for the previous election
• sought feedback from appropriate stakeholders
• produced a lessons learnt document to inform the project plan and risk register for future electoral events

For more information see our guidance on reviewing the election.

We have provided, as part of the template project plan, some sample objectives and suggested tools that will allow you to measure the extent to which the conduct of the election has been successful. We have also provided an evaluation plan as part of the template project plan to assist you with the review process.
 
You can find the project plan in the planning section of our resources page.

Project plan

You should prepare a project plan, treat it as a living document, keep it under regular review, and use it to monitor progress.
 
If you are also a RRO you should ensure that your plans reflect your responsibilities as RRO as well as those relating to your functions as CRO. You should record all steps taken to prepare your plans in order to be able to provide an audit trail demonstrating your decision-making process. You should be able to explain your decisions, and you should be prepared to do so in response to enquiries.

Whichever role you are fulfilling at the elections, your planning should ensure that:

• voters are able to vote easily and know that their votes will be counted in the way they intended
• it is easy for people who want to stand for election to find out how to get involved, what the rules are, and what they have to do to comply with these rules
• everyone can have confidence to participate safely in the electoral process
• everyone can have confidence in the management of the process and the results

We have produced a template project plan that you may wish to use and adapt to fit your local circumstances. The template includes a number of example deliverables and tasks and you should also add in any others you identify as necessary, including ones specific to your local circumstances.
 
You can find the project plan in the planning section of our resources page.
 
Liaison between CROs and the RRO should start at an early stage to support the delivery of a consistently high-quality experience for voters and those standing for election.

Before starting your detailed planning, you should set out what you want to achieve and what success would look like. Your project plan should include clearly defined objectives and success measures to help you measure the extent to which the conduct of the election has been successful as part of your project plan.

If you are not also the RRO, you should liaise with them at an early stage to ascertain their objectives and success measures for the regional contest so that you can reflect these in your planning.
  
You should ensure that your planning reflects the particular context and nature of the elections, including any changes to either legislation or the landscape since the last Scottish Parliament election. This would include any directions or recommendations made by the EMB Convener.
 
Your project plan should also identify the resources required including any new burdens, for example any new costs associated with making reasonable adjustments for voters at polling stations. Once the fees and charges for the election have been set, you should reconcile projected costs for activities against the available budget. You should take all necessary steps to ensure that the council makes the necessary resources available to you to enable you to discharge your functions.

You also need to plan for the implementation of accessibility requirements in the polling stations.
 
Your plans should include:

• where accessibility needs to be considered
• which barriers prevent equal access to voting for all persons
• when you need to action any identified requirements; for example if you need to buy additional equipment - will it be received in time?
• written notes of all considerations and actions taken in respect of any requested reasonable adjustments

You should also establish working relationships with experts at the local council who should be able to offer support and advice on any reasonable adjustments needed.

A reasonable adjustment is a change that is made to reduce or remove a disadvantage in relation to someone's disability compared to non-disabled people. For example the removal of physical barriers or providing extra support for disabled persons.
 
You will need to review your plans to ensure they outline your processes and the safeguards that you have in place, as they will provide a sound basis for you to meet your data protection obligations. Your council’s data protection officer will be able to help you meet your requirements and ascertain best practice. In particular, you in the role as CRO and/or RRO will need to ensure that you are registered with the Information Commissioner’s Office (ICO) as a data controller.

For more information about data protection legislation, including registering as a data controller, see our data protection guidance.

Risk register

You should also prepare a risk register, which should also be a living document and kept under regular review. You should use your risk register to monitor the known risks and document any changes in risk, as well as ensuring that mitigating actions are identified and are being taken forward as appropriate. Your risk register should identify:

• any difficulties and problems that may occur, and the actions taken to mitigate them
• the seriousness of any risk by indicating both the likelihood of the risk occurring and the impact of the risk if it did occur

We have developed a template risk register that you may wish to use.

The template provides some example risks and suggestions for mitigating those risks. In addition to the risks identified in the template you should also identify any other risks, including ones specific to your local circumstances, and how you would mitigate those.
  
You can find the template risk register in the planning section of our resources page.

We have published a non-date specific timetable for Scottish Parliament elections and by-elections containing the statutory deadlines as set out in the election rules which can be used to assist you in your planning.

You can find the non-scheduled election timetable in the planning section of our resources page.
 
You should ensure that you have contingency arrangements in place to enable you to respond and deliver a well-run election should a by-election arise.
 
You can find a date specific timetable in the planning section of our resources page.
 
You can find more information on the postal vote deadlines and proxy vote deadlines in our ERO guidance.

Your project plan should cover contingency planning and business continuity arrangements to enable all elements of the delivery of the election to continue in the event of any unexpected issues or disruptions. It is important to keep your contingency plans under review and to re-visit and amend them periodically during the run up to the poll. In doing so, you should consider the success and continuing appropriateness of any existing measures, identify any improvements and expose any gaps.
  
You should also develop and maintain separate ongoing contingency plans to support the delivery of any unscheduled polls and by-elections that may occur.

Your contingency planning should include arrangements for the key areas of risk to the delivery of the election including:

Contractors

You should ensure that any suppliers you use – such as your EMS provider and any external print providers – have their own detailed business continuity plans in place. You should be satisfied that their contingency arrangements are sufficient to enable you to perform your duties in the case of any interruptions in service whilst fulfilling their own contractual duties. For more information see our guidance on managing the procurement process for outsourced work.

Venues

You should prepare a list of alternative venues that are available at short notice for each stage of the elections process and brief staff on the contingency arrangements for using these venues that may affect their role. For more information, see our guidance on how to identify and book suitable venues and last minute changes to polling stations.

Staffing

You should identify solutions to enable you to respond to a sudden staffing shortage. You should liaise with your HR department who can use their expertise to assist you with your planning. Other departmental managers within your local council, or neighbouring councils with reciprocal agreements in place may also be able to offer additional support in managing any requirements for temporary staff for specific parts of the electoral process. For more information see our guidance on allocating sufficient staff resources and providing training and flexible staffing.

IT

IT also plays a key role in many of the processes required to run the election. You should liaise with your IT services to ensure that you have adequate resources and contingency measures in place to allow you to perform your functions in the event of IT failure. This could include:

• improving any measures allowing remote working capabilities
• having dedicated IT support during the election period
• storing certain files and documents locally to enable them to be accessed more easily
• sourcing any spare or alternative equipment that could be used as a backup, e.g. printers, laptops, routers

Security of electoral administration

Security risks should also be considered as part of your contingency arrangements, setting out how you will continue to deliver the election in the event of theft, fraudulent activity, or any other security risk as identified in your risk register. You should liaise with the police and business continuity experts from your council to identify risks and put appropriate continuity measures in place.

Additionally, you should work with your IT services to understand what preventative measures are in place for your council to protect against cyber-threats, such as ransomware attacks. The National Cyber Security Centre (NCSC) advises that examples of preventative measures could include:

• using Multi-Factor Authentication (MFA)
• investing in vulnerability management
• having offline backups
• having a tested recovery plan in place 

A White Paper on ransomware  has been published from the NCSC and the National Crime Agency (NCA). The NCSC has also produced this guidance to help you assess the risks associated with IT and cyber-threats.

Security of those participating

You should consider your plans to maintain the security of all those involved in each stage of the election, including staff, candidates, agents and their campaigners. You should liaise with the police to identify local risks and put appropriate measures in place. For more information, see our guidance on security considerations at electoral events and how to manage attendees at the count.

Additional security guidance for elections for Returning Officers, candidates, and agents is available at Security guidance for elections - GOV.UK.

Your project plan should include details on how you will deliver the key processes, including nominations, postal vote opening, voting in polling stations, and verification and count. It should also include how you will meet your duty to ensure that the polling station is accessible to all voters. For more information to support your planning, see our guidance on understanding the barriers to voting.

Establishing realistic and robust assumptions can assist you in planning for delivering these key processes. Sound assumptions can provide useful evidence in explaining your decisions and you should therefore document them. Sharing the assumptions with stakeholders at an early stage will also allow them to be tested by others for robustness before the detailed planning has been completed and will help build confidence in your plans.
 
Your planning should include assumptions covering expected:

• turnout on polling day
• turnout of postal voters
• number of candidates 
• availability of staff
• speed and capability of staff
• timings for completing each process

All plans and assumptions should be kept under regular review, and especially at key points of the process such as the close of nominations, where risks may change depending on the context of the election, and which may impact on your planning assumptions. This will help inform a realistic assessment of whether you will be able to deliver the overall plan, and whether and when it may be necessary to implement contingency plans.
 
In all cases your plan should be flexible enough to allow you to respond if any of your assumptions change, covering what contingency actions you will take in such circumstances, and you should communicate with stakeholders throughout your planning process and be prepared to explain the reasons for the decisions you are taking. For key decisions, you should provide your reasons to stakeholders in writing.

Turnout

The expected turnout is a crucial factor in determining your planning and understanding what resources will be needed for most processes, in particular for polling stations and the verification and count. You should decide what the expected turnout is likely to be - taking into account the potential for late engagement and interest in the election by which point scope for adjusting plans will be limited.

Your turnout estimate should be based on the assumption that, as a minimum, the turnout of voters will be not less than the turnout at the last equivalent polls.
 
You should also consider the patterns of return rates at previous polls and anything that might affect this. For example, televised Leaders’ debates could conceivably result in a late surge of registration and absent voting applications, altering the traditional pattern of when completed postal votes are returned, as well as have an impact on turnout.
 
It is always safest to err on the side of caution when it comes to turnout as national and local developments can result in rapid changes to the actual turnout.

The resources you have available to conduct these processes, including numbers of staff and size of venue, will also be a relevant consideration to your planning.

The number of parties and/or candidates

The number of parties and/or candidates standing at an election will also affect your planning considerations. For example, a large number of parties and/or candidates standing for election could mean that:

• ballot papers will be large and staff and voters may be slower handling them
• more space will be required to accommodate the large ballot papers
• the counting process for separating the votes into bundles for particular parties and/or candidates may be slower and take up more space
• more space for candidates and agents may be required at the venues

In order to establish the likely number of parties and/or candidates you should:

• make early contact with the political parties
• monitor expressions of interest
• monitor requests for nomination packs 

This information can then be taken into account when taking decisions on venues, count layout, necessary equipment and staffing requirements to ensure the safe and secure delivery of the election.

Staffing and timings

You should look at the number of staff and the processes used at previous elections and the number of ballot papers that were processed. An evaluation of the processes and staffing ratios, and when the various stages of the election process were completed, can then be used to inform decisions for these elections.

You should share these details and timings with stakeholders together with the assumptions that underpin them.
 
Some stakeholders may hold expectations as to how quickly the processes can be completed which cannot be met in practice and this can lead to tension and frustration. To manage expectations, you should explain in some detail the processes involved and how long each stage is likely to take. For more information see our guidance on providing information on key election processes. 

Your project plan should include identification of staffing requirements, including any necessary recruitment arrangements. It is essential that you identify the staff you will need and make the necessary appointments at the earliest opportunity.

You should seek advice from your council’s human resources department as necessary to ensure that the methods used to identify, recruit, employ and pay staff are robust and comply with all legal requirements.

Following an assessment of the performance of staff used at previous electoral events, you may wish to write to staff used previously at an early stage in the planning process to check their availability.
 
You should ensure that all staff who interact with voters, including staff who support electoral services are sufficiently trained to carry out their role(s) and have been provided with accessibility awareness training, to help improve their understanding of the needs of disabled voters and the importance of clear communication.

For more information see our guidance on ensuring that those working on the poll are aware of accessibility needs. 

You should establish a project team to support you in carrying out your functions and in delivering a well-run election. In addition to yourself, your project team should include any appointed deputes, other elections staff members, and the ERO(s).

It should also include any other key personnel you consider appropriate such as:

• your council’s communications team
• If you’re not also the RRO, this could include the RRO
• HR colleagues
• finance colleagues
• IT
• your contact centre/front of house staff
• facilities staff
• your local SPOC

If you are also the RRO you should ensure that your project team also supports you in delivering your functions as RRO, which will mean involving CROs and their staff at certain points in the process.

You should put in place depute arrangements in case you are unable to act personally, whether as CRO or RRO. You may appoint deputes to discharge all or any of your duties and this can be for a limited time period or until further notice.

Any appointed deputes should have the skills and knowledge required to carry out the functions they have been assigned such as assisting with the receipt of nomination papers, managing the postal vote process or adjudication of doubtful ballot papers.

You must confirm any appointments in writing1 and include details of the functions that the depute is authorised to exercise on your behalf. The acceptance should also be made in writing.

A depute RO is liable, in the same way as the CRO or RRO, for a breach of official duty.2

You will need to liaise closely with the ERO to obtain the relevant registration and absent voting data. You should ensure that data protection is considered and that any transfer of data is secure.
 
If there is a need for exchanging data electronically, you should agree the timings for the exchange of data and ensure that a test of the process is carried out ahead of the first scheduled transfer.
 
There will be updates to the data at a number of points within the election timetable, as the ERO must publish two interim election notices of alteration as well as the final election notice of alteration.1 For more information see our guidance for EROs.
 
We have published a timetable containing the dates related to the publication of these notices.

You can find the scheduled and non-scheduled timetables in the planning section of our resources page. 

You will need to appoint staff to help you to undertake the various election processes. You should identify staffing requirements and put processes in place for recruiting the necessary staff. You should have access to a database of staff used at previous elections to help with this, and should also get advice from the HR team at your council on any external recruitment needs you may have.
 
Staff can also often be recruited from among council employees. Councils can permit their staff to work on the election, but they are not required to do so.

When identifying and recruiting staff, you should consider the skills appropriate to each role and use these to create a suitable job description. For example, those with experience working in finance could be recruited for the recording of unused ballot papers at the verification and count, or to work at postal vote opening sessions for recording the daily totals.

As there is no age restriction for staff working on specific election processes, you could liaise with local further and higher education establishments to identify young people who could be recruited to work at polling stations or at the verification and count, which could also help to boost their engagement in the democratic process.

It may be helpful to check that your insurance covers employing staff under the age of 18.

For more information on the payment of fees to staff see our guidance on accounting for the election.

You should identify staffing requirements for your postal vote issuing and opening sessions. The following staff may be required: 

• specially trained supervisory staff 
• clerical staff 
• IT staff

You should not appoint any person who has been employed by or on behalf of a candidate or registered political party in or about the election.

You should be mindful of the demands on time the issue and opening of postal votes can place on core staff when considering your staffing needs.

Staffing for the issue of postal votes

There will be a number of additional postal vote issues in the immediate run-up to polling day to cover those who have applied to vote by post and to register in the lead-up to the registration deadline. You will need to consider how to manage this, ensuring postal votes can be issued to electors as early as possible.

You should take into account the total number of current postal voters and projected turnout of postal voters when deciding on your staffing arrangements as well as the potential for late engagement and interest in the election by which point scope for adjusting plans will be limited. You should plan for the possibility of a high turnout but, as a minimum you should assume that the turnout of postal voters will be not less than the turnout of postal voters at the last equivalent polls. Your review of previous electoral events will give you an indication of how robust your previous staffing assumptions were.

You may need to revise this assessment after you have received the final postal voters’ lists from the ERO(s). You should build sufficient flexibility and contingency into your staffing arrangements to deal with a last-minute increase in numbers of postal voters, an unexpected increase in turnout, or varying volumes of postal votes being returned on different days. For example, if there are televised debates, this may have an impact on the pattern and volume of returns and this should be part of your considerations when determining your staffing requirements. Your arrangements also need to be such that you can ensure you can effectively manage those delivered to polling stations on polling day.

Managing contractors

If you decide to outsource all or part of the postal vote issuing process you should designate a member of the project team to monitor outsourced work and specifically to observe those parts of the issuing process that have been contracted out. This person should monitor the work of the contractor, which should include carrying out tasks such as:

• spot checking to ensure that the postal voting stationery does not contain any errors 
• checking the postal ballot packs are being correctly collated 
• ensuring that any postal votes that need to go overseas are being prioritised

For more information see our guidance on managing contractors and suppliers.

Staffing for opening of postal votes

Your decision on how the verification of personal identifiers is to be carried out, including how much of this process is automated and how much of it needs to be done manually, will impact on the numbers of staff you will require for opening returned postal votes. You must have arrangements in place to enable the checking of 100% of postal vote identifiers.1
 
For more information see our guidance on the postal vote opening process.  

You must appoint and pay a Presiding Officer and such Poll Clerks as may be necessary to staff each polling station.1 This cannot be any person who has been employed by or on behalf of a candidate or registered political party in or about the election.2
 
There are some responsibilities that cannot be undertaken by a Poll Clerk, such as ordering someone to leave the polling station. You have flexibility to use the Poll Clerks you employ to carry out any other functions and responsibilities needed to deliver polling station voting effectively, including: 

• the polling process – checking the register, marking the register, filling in the CNL and other statutory paperwork
• managing the flow of electors and ensuring the secrecy of the ballot 
• providing electors with additional information and support including: 
  • answering questions about the process
  • providing information about the instructions for voting
  • providing advice and assistance to support the accessibility of the poll

When deciding on the allocation of electors and staff to polling stations, having regard to our guidance on the recommended minimum staffing levels for polling stations and on how staff could be deployed in different scenarios, will help ensure that voters can receive a high-quality service.

It is for you to consider each polling station individually and make decisions about allocating staff and electors accordingly.
 
We recommend the following ratios when allocating electors and staff to polling stations:

• a polling station should not have more than 2,500 electors allocated to it. 
• in addition to a Presiding Officer, there should be one Poll Clerk for polling stations with up to 750 electors 
• one additional Poll Clerk should be appointed for polling stations with up to 1,500 electors
• one further Poll Clerk should be appointed to a polling station with up to the maximum of 2,500 electors

These ratios are guidance only, they are not mandatory and you should also have regard to any directions or recommendations issued by the EMB Convener.

When making decisions on the allocation of electors and staff to polling stations, you should fully consider the particular circumstances of each polling station and the needs of your electorate as a whole, and document the reasoning behind the decisions you make.

As a minimum you should consider: 

• any particular local circumstances such as population increases (for example, due to any new housing developments since your last polling place review), demographic trends and any known needs of your local electorate
• levels of postal voters
• the potential for late engagement including any local or national issues which may affect the turnout and interest in the election - as a minimum you should assume that the turnout will be not less than the last equivalent election
• the spread of voters during the day – for example, if recent trends show a large number of voters attending the station in the morning, ensure your staffing ratios allow for this and will prevent large queues from forming
• how the voter will move through the voting process from entering to exiting the polling station, taking into account the polling station size and layout

This list is not exhaustive, and you should also consider any other factors that you consider appropriate.
 
Our accessibility guidance contains additional factors to consider when planning your staffing levels at the polling station. Each decision should be taken on a case-by-case basis and not for the voting area as a whole.

As well as keeping a record of decisions made you should maintain a plan which ensures you are able to respond to issues, for example, dealing with a queue at one or more polling stations in your area at particularly busy times such as traditionally after work rush, or in the run-up to close of poll at 10pm. Voters in a queue at their polling station at 10pm must be issued with their ballot paper.1

Polling station inspectors

As well as making decisions on the number of polling station staff you will need, you should also ensure that you have sufficient numbers of polling station inspectors to support the delivery of the poll in your area. In making your decision, you should consider factors such as your local geography and the experience of polling station staff in each polling place.

For more information, see our guidance on appointment of polling station inspectors.

Examples of staff deployment at a polling station

There are different options open to you for deploying staff within polling stations. Your plans should be sufficiently flexible to allow you to deploy staff to respond to specific issues or needs that may arise throughout polling day.

Here are some examples:

• if you have one Presiding Officer with two additional staff allocated to a polling station, all three should be trained in the process of issuing ballot papers, and filling in the paperwork. While two staff members carry out the issuing process, the other could act as an information officer to provide advice and assistance to voters as required 
• if a polling place contains multiple polling stations, a member of staff could be used as an information officer covering all stations to assist with directing voters to the correct polling station and providing advice and assistance to voters as required
• staff from one polling station in the polling place could also be used to assist staff in another polling station within the same polling place if required, for example as a result of a high number of voters attending one of the stations at a particular time when the other station is quiet

You may also consider appointing a team of back-up polling station staff to be deployed flexibly as needed, such as at peak times or in the run-up to close of poll, or to respond to particular issues that may arise throughout polling day. For example, you could base extra staff at the largest/busiest polling place you have in an area and deploy them to other stations in the area when needed.
 
If parts of the electoral area are not easily accessible, you could find it helpful to have teams positioned in different parts of the area.
 
You will also need to think about how to train staff so that you can deploy them flexibly on polling day. For more information see our guidance training presiding officers, poll clerks and polling station inspectors.

You should prepare a list of staff you can approach who can step into a role where a person is unavailable – for example, due to sickness. The list should include staff that would be able to work at very short notice.
 
While appointing stand-by staff may not always be practical or feasible within your budget, you should nevertheless be able to deploy staff flexibly on polling day to respond to specific issues that may arise.
 
You may also wish to rotate staff appointed within your polling station to undertake different roles through the course of the day.

You could also consider appointing part-time Poll Clerks to provide assistance at expected peak polling hours or in the run-up to 10pm. In addition, you could appoint a team of back-up polling station staff to be deployed at peak times to specific polling stations or to respond to specific issues that may arise throughout polling day or at the close of poll. If parts of the constituency are not easily accessible, it may be helpful to have teams positioned in different parts of the constituency.
 
To be able to deploy staff flexibly on polling day, you will need to train staff appropriately. You should train Poll Clerks and Presiding Officers in such a way as to ensure that both have the technical knowledge to carry out each other’s roles if required and as far as the law permits.

For more information see our guidance on training presiding officers, poll clerks and polling station inspectors.

Polling station inspectors should receive the same training as polling station staff in order for them to be able to be deployed flexibly and carry out polling station duties if required. You should also provide an additional briefing for polling station inspectors, covering items that are specific to their role.

You should give both polling station staff and polling station inspectors a copy of the Commission’s handbook for polling station staff and polling station quick guide, and instruct them to read both ahead of polling day and to bring their copies with them on polling day itself. You should give spare copies of the handbook and quick guide to polling station inspectors that they can provide to polling stations in the event of polling station staff forgetting to bring their copies on polling day.

You can find the Scottish Parliament Polling Station Handbook and Quick Guide in the polling station voting section of our resource page.

To ensure that voters can have confidence that their votes will be counted in the way they intended, you will need to put in place appropriate staff resources to ensure the verification and count are timely.
 
Decisions on when the verification will commence may have staffing implications, and you will need to plan accordingly.

It is important you ensure there are the right number of competent, skilled and knowledgeable staff – and that each member of staff is clear about their role – so that the count is run efficiently and effectively and according to the principles for an effective verification and count. You should also ensure there is an appropriate number of reserve staff in case of staff absence on the day of the count.

You should consider appointing:

• senior staff to assist with the overall operation and co-ordination of processes and the calculation of the result
• staff and supervisors to deal with the secure transportation of the sealed boxes of postal ballot papers to the verification venue
• staff and supervisors to deal with the receipt of polling station materials and postal votes
• staff and supervisors to deal with the final opening of postal votes
• staff and supervisors to deal with the verification of used and unused ballot papers, spoilt ballot papers and the tendered votes list
• staff and supervisors to deal with the sorting and counting of votes
• porters, security staff and door attendants to deal with the security of the site
• person(s) with knowledge of the site to deal with the management of the facilities within and around the site
• responsible officer(s) to oversee the security of ballot boxes and relevant stationery where there is a break in proceedings
• experienced media liaison staff
• any other members of staff you consider necessary

While it may not be realistic to expect all verification and count staff to be fully utilised at every stage of the verification and count process, a responsive management plan which monitors activity levels and allows for reallocation of resources could reduce the length of time taken to complete key stages of the process.
 
For processes commenced immediately following the close of poll you should, wherever possible, not use staff who have been on polling duty all day.

You must not appoint any person who has been employed by or on behalf of a candidate or registered political party in or about the election.1
 
If you are also the RRO, you should also identify your staffing requirements for the collation of the regional results and the allocation of the regional seats, and make the necessary appointments. In order to effectively manage the results collation process, a protocol should be put in place as necessary for the transmission and receipt of the regional results. This protocol will, in turn, inform your staffing requirements.

You should identify support staff and ensure they are available to assist with any public enquiries you may receive in the run-up to the election. There may be opportunities to utilise your council’s existing support staff to perform this role.

You should also liaise closely with the EROs to ensure that it is clear how public enquiries across the whole of the constituency will be received and responded to. Whatever arrangements you put in place, you should ensure that they support the delivery of a consistent, high-quality service to all electors, regardless of where in the constituency they live.

The support staff that you utilise should be trained to understand that there are various barriers that disabled electors may face when accessing information or voting in a polling station. Disabled voters may contact you to identify a particular area that they need support within the polling station. You can find more information in our guidance on understanding barriers to voting.

Managing enquiries from the public 

You should set up a dedicated team, working with the EROs for your constituency as appropriate, to deal with a range of basic enquiries, such as questions about whether or not a person is registered to vote, postal and proxy voting and the location of polling stations.
 
Staff dealing with public enquiries should receive training to deal with them and be provided with:

• agreed responses to frequently-asked questions
• a list of the locations of polling stations
• key dates in the election timetable
• details for the process in place for the escalation of more complex enquiries to the elections team

We have developed a template of FAQs for front line staff which you can adapt to fit your local circumstances.
 
You can find the template of FAQs for frontline staff in the planning section of our resources page.

Processing applications

The EROs should consider whether they will need any additional support staff to assist with the processing of registration and absent vote applications in the lead-up to the election – and in particular in the lead-up to the registration deadline 12 working days before the poll. You should liaise with them to understand how they will manage the likely increase in applications close to deadlines, so that all staff involved in the election and the managing of queries have a clear understanding and can inform electors appropriately.

For more information on processing registration and absent vote applications in the lead-up to an election see our guidance on running electoral registration and absent voting.

You should establish a training plan at an early stage in your planning for the election which identifies the training needs of both permanent and temporary staff in the delivery of their roles.
 
Each member of the team, whether permanent or temporary, needs to understand their particular role and any statutory obligations associated with the work they are undertaking. All staff should receive training on the legislative requirements and responsibilities relevant to their role, as well as training on understanding accessibility needs, ensuring equal access and good customer care.

Your plan should also include how you will evaluate the training sessions and materials used in order to inform future planning. If you have training or learning and development personnel within your council they may be able to assist you with this process.

Data protection training

Whilst the training you offer each member of the team will be tailored to their specific role, everyone handling personal data should be aware of and trained in the legal requirements for handling personal data in line with data protection legislation.
 
You should discuss your plans for data protection training with your council’s Data Protection Officer. Data protection training will help you to embed the data protection principles in your work and demonstrate compliance with data protection legislation.

You should train all postal vote issue and opening staff on the processes involved at each stage. This training may be provided immediately prior to commencement of the issuing or opening processes, but you should provide them with guidance notes in advance.
 
However, you should consider training supervisory staff a day or two in advance of the issuing or opening session so that they are fully aware of their duties and what will be expected of them.

This training should cover:

• carrying out the required quality assurance checks, whether you are issuing postal votes in-house or are using an external contractor
• ensuring that the opening procedures and the verification process are correctly followed and an audit trail is maintained

You should provide any person who will be undertaking the verification of postal vote identifiers and has been delegated the authority by you to make decisions on postal voting statements with a copy of the Commission and Forensic Science Service guidance on signature checking, and be instructed to follow it. This guidance is supported by the Scottish Police Authority (SPA) Forensic Services.
 
You can find Forensic science service guidance in the planning section of our resources page.
 
You should consider whether any additional training may be appropriate for anyone undertaking this role. You should ensure staff are trained accordingly to ensure that any personal data is handled in accordance with data protection legislation.

Presiding Officers, Poll Clerks and other front line staff are frequently the only members of your staff that voters will meet in person. It is essential that such staff are trained to understand their role and to perform their duties professionally and effectively, and are able to provide a high standard of customer care.
 
Such staff need to be able to communicate well with all voters. To ensure that staff understand the barriers that some disabled people face when voting, accessibility issues should be covered in training.

You should give polling station staff and polling station inspectors a copy of the Commission’s handbook for polling station staff and polling station quick guide and instruct them to read both ahead of polling day and to bring their copies with them on polling day itself.

You can find the Scottish Parliament Polling Station Handbook and Quick guides in the planning section of our resources page.
 
Polling station inspectors will also need spare copies of the handbook and quick guide to give to polling station staff who have forgotten to bring their copies on polling day.

All polling station staff should be required to attend a training session. The training session should address:

• the tasks to be carried out ahead of polling day
• the setting up and management of the polling station
• who can attend a polling station and the procedures to be followed on polling day itself
• the need for polling station staff to be customer-focused and to offer assistance to all voters, including being aware of accessibility needs for disabled voters
• the security of election stationery, including returned postal votes
• the importance of handing personal data in line with data protection legislation
• the procedures to be followed at the close of poll
• health and safety issues

You should ensure that all polling station staff undertake and complete this training.

You should provide polling station staff and polling station inspectors with contact numbers for use in the event of any problems. As well as numbers for the elections office, this should include a contact number for the ERO and the police.
 
Training all staff, including polling station inspectors, on the roles and responsibilities associated with working in the polling station can help provide contingency in the event of loss of staff. For more information see our guidance on flexible staffing at polling stations.
 
We have prepared resources to support your training including:

• a template PowerPoint briefing for polling station staff, which you can update with any additional local information you consider necessary 
• a quiz for polling station staff and role play exercises and scenarios that you can use as a mechanism for testing and embedding learning
• an exercise on completing the ballot paper accounts to provide the foundation for an accurate verification
• a template graphical guide to packaging materials at the close of poll is also available, for you to adapt and provide to polling station staff

Training polling station inspectors

You should provide an additional briefing for polling station inspectors, covering items that are specific to their role and ensuring they are aware of the checklist for polling station inspectors. We have developed a template checklist for polling station inspectors that you may find helpful.

You can find the checklist for polling station inspectors in the planning section of our resources page.
 
Your training should communicate that polling station inspectors play an important role in the effective management of the poll and should be able to deal with queries and problems arising at the polling station on polling day. Polling station inspectors must ensure that all of their assigned polling stations are properly set up, fully equipped and accessible to all voters and that they can identify and deal with any problems arising. For example, if there are any queues building up the polling station inspector should be able to find a solution to reduce them.

Training should also emphasise that the collection of postal votes as directed by the you is a task that must be conducted with care, making sure that all those collected are properly and accurately logged. At no time should these postal votes be left in a vehicle while the polling station inspector visits the polling stations.
 
You should make the polling station inspector aware that they may be involved in liaising with the elections office and ERO regarding clerical errors on the register and emergency proxy applications.

You should ensure that each polling station inspector receives the following items:

• a mobile phone (if required)
• an ID badge clearly showing their name as a representative of the Returning Officer
• a label for the car windscreen with appropriate identification
• a map of the area identifying the location of all of the polling places allocated to the inspector
• the names of all polling station staff and a contact number for each of the Presiding Officers
• a contact list of all of the key holders for the polling places in the allocated area (it may also be useful to have the contact number of a locksmith in case a lock is jammed)
• a contact number for the police
• a ballot box with spare seals
• a sundries box with spare stationery and forms
• polling station handbooks and quick guides
• a copy of the register for each polling station
• spare ballot papers (sealed and only to be used in an emergency)
• a wallet/packet with a sealing mechanism to collect returned postal votes, along with a log for recording number of postal votes removed, the time of collection and details of the person who collected them
• a spare blank ballot paper account
• a polling place/station checklist to be completed for each polling place
• copies of the Code of conduct for tellers and any other local instructions

You should ensure that staff receive appropriate training and instructions to allow them to carry out their duties effectively and in accordance with the law. Training should include what staff should look for when examining ballot papers to determine which should be included in the count.

You should brief all verification and count staff so that they are fully aware of their duties and what will be expected of them. All briefings should, as a minimum, cover the procedures relevant to the roles.

The processes involved at the verification and count can be complicated and you may find that the best way of training senior staff is to prepare a small scale mock verification and count with a few hundred ballot papers. This will give staff the opportunity to physically work through the processes involved, completing the necessary paperwork and adjudicating on the sample ballot papers. This requires some resource to achieve but it can be a valuable tool in ensuring the verification and count runs smoothly and is timely on the night.

Prior to the start of the verification and count proceedings, you should undertake a walk-through of the procedures you are expecting everyone to follow so that everyone is aware of what is expected of them at each stage, and how the different roles relate to each other.

If you are also the RRO, you will need to ensure that all staff working on the collation of regional results and the allocation of regional seats receive training on their duties and what will be expected of them. This should include specific training on the results transmission protocol and collation system that you intend to use.
 
For more information see our guidance on the principles of an effective verification and count.

You should identify appropriate venues for all election activities as early as possible.
 
Your project plan should cover the identification of suitable venues for all processes that you are responsible for.

You should contact the managers of these premises at an early stage to inform them of the relevant dates and make the necessary booking arrangements. This will highlight where any venues are not available and should allow sufficient time to act on the information and identify alternative premises.

Ensuring venues are accessible

As part of your review of previous electoral events, you should have undertaken an evaluation of the suitability of venues used. The results of this should be used to inform your planning and to ensure that any identified barriers to access can be overcome.

Under the Equality Act 2010, service providers have a duty to make reasonable adjustments to avoid putting disabled people at a substantial disadvantage compared to people who are not disabled.1 You should work closely with experts on access to premises or facilities for disabled people in order to comply with this duty. The Equalities officer at your council should be able to provide you with advice and assistance. 

When selecting venues for postal vote issuing and opening sessions you should take into account the:

• lessons learnt from previous electoral events
• volume of postal ballot packs to be issued
• estimated volume of returned postal votes
• intended workflows
• IT requirements
• security and storage requirements
• presence of disabled access, both to and within the venues

Your layout plans should include the:

• number and positioning of staff
• equipment needed, including electricity and network points
• workflows to be followed

When mapping out workflows, you should take into account factors including any lessons learnt from previous electoral events and expected turnout. If your last postal vote opening session is to take place at the verification and count venue, you should ensure that your verification and count layout plan makes provision for this.

The process of producing layout plans will help identify any potential issues prior to the setting up of the venues and will allow for any changes to workflow or the positioning of staff or equipment to be made in good time.
 
Layout plans also contribute towards transparency, as these plans can be handed out to anyone entitled to be present in order to help them to follow what is happening, where and when.
 
You should ensure that whatever layout you choose, it is accessible to all those working on the processes and those entitled to observe them.

Considerations for observation of outsourced postal vote issue

If you have outsourced the issuing of postal votes, you will still need to be satisfied that your contractors have made adequate arrangements to administer the issue effectively and in a transparent manner. As part of this, you could ask your contractor for copies of their proposed layout plans.
 
These plans would also help to ensure that any observers present understand the processes that are being followed and will be of particular assistance to your staff who have been appointed to conduct spot-checks during the printing, collation and issuing of postal ballot packs.
 
You should designate a member of the project team to monitor any outsourced work and the work of the contractor, specifically attending those parts of the issuing process that have been contracted out.
 
For more information see our guidance quality assurance and proof checking of election material. 

As part of any Polling Place Review, you should evaluate the suitability of the polling stations that are available for use in the appropriate electoral areas.

It is essential that polling stations provide sufficient space for voting to take place.

Ideally, you will have the choice of a range of fully accessible buildings, conveniently located for electors in the area, with owners willing to hire them out for polling station use at low cost. Unfortunately, in practice, this is often not the case and in some areas there may be little choice available.
 
You will need to take access needs into account when planning the layout and set up of polling stations in order to ensure that voters can receive a high-quality service. This should include disabled voters who may need additional equipment or seating. For more information about the types of equipment you should consider see our guidance on providing equipment at the polling station.

The size of polling stations should be big enough to enable a clear flow of voters to try to reduce the risk of congestion or queues.
 
You should be able to demonstrate that an assessment has been conducted of the polling stations to be used at the election. Where access problems exist, you should document the problems, identify potential improvements and record any action taken to try to remedy these problems.
 
You should ensure that any additional equipment required to make the polling station accessible will be delivered and set up before the opening of the poll.

The polling station handbook provides further information on how to set up polling stations to ensure they are accessible for all voters.

You can find the Scottish Parliament Polling Station Handbook in the planning section of our resources page. 

Schools, excluding independent schools, (meaning a school at which full-time education is provided for five or more pupils of school age - whether or not such education is also provided for pupils under or over that age, not being a public school, a grant-aided school or a self-governing school) may be used as polling stations free of charge, and the legislation allows you to require a room in such schools for use as a polling station.1 You are also entitled to use, free of charge, any publicly-funded room as a polling station.2
 
You will, however, need to pay for any lighting, heating, etc., costs incurred when using such rooms as polling stations.3 You should liaise with the relevant schools and managers of publicly funded rooms at the earliest opportunity to confirm that you want to use certain rooms within their premises as polling stations.

There may be circumstances, (e.g. flooding, fire, vandalism), when a change of polling station is required at short notice. As part of your contingency planning , you should compile a list of stand-by or portable polling stations that could be used in such circumstances. Councils are responsible for designating polling places and polling districts and you should designate a new polling station within the same polling place as far as is possible and practical.1
 
As the location of a polling station within a polling place is your responsibility, there is no need to seek council approval for such a change.

Usually if there is a need to change the polling place, council agreement will be required. If delegation procedures are in place, you should follow these and contact the person or persons who are entitled to make changes to the scheme of polling places.

You should amend the notice of situation of polling stations to reflect any changes to your polling stations.

There are a number of mitigating measures you can take to ensure that electors who are affected by a late change to a polling station are able to vote with minimum disruption. You should have a protocol for what to do in case of a last-minute change. As a minimum, you should:

• use social media to inform electors that there has been a change to a polling station
• if time allows, send out a letter to all affected electors informing them of the change to their polling station
• if time allows, use the local media to disseminate information to the affected electors – for example, through issuing press releases
• put up signs at the old polling station informing electors about the change, including directions to the new one
• display clear and visible signage at the new polling station    

Where any last minute changes to polling stations are required, you should ensure equipment to support disabled voters is still provided.

You should ensure that the verification and count processes are designed and managed to secure accurate results, with a clear audit trail, and that they are transparent, with everything carried out in clear view of all those entitled to attend.

Selecting the venue(s)

When selecting the venue for your verification and count, you should consider the following points:

• convenience of the location of the venue
• lessons learnt from previous electoral events
• access arrangements for vehicles and parking
• entrances for those entitled to attend and staff, and for the delivery of the ballot boxes
• disabled access, both to and within the venue
• The size of the venue taking into account:
  • the space required to conduct the verification and count processes
  • sufficient storage space for parcels, ballot boxes and other equipment
  • adequate space for those entitled to attend and observe proceedings at the count
• lighting within the venue and externally
• heating of the venue
• platform or stage for announcing the results, and for making regular announcements throughout the proceedings
• acoustics within the venue
• internal and external IT and communication systems, including any needed for communicating with and transmitting information, including regional results, to the RRO
• facilities for those attending the verification and count
• media requirements 
• furniture requirements
• security and storage requirements 
• contingency arrangements to address the risk of a loss of venue

You should ensure that all equipment, including the equipment to be used to transmit information and results to the RRO as appropriate, is set up and tested in advance of the verification and count. You should also ensure that you have contingency arrangements in place in case of equipment or power malfunction.

If you are also the RRO you should identify a suitable area for the collation of regional results and the allocation of regional seats, whether within your constituency count venue or in a separate venue. You should ensure that the venue you choose has the space and capacity for you to carry out the collation of the regional results, the allocation of seats and the declaration of the regional result, and for these processes to be delivered effectively and transparently, in clear view of all those entitled to attend.

Planning the layout

You need to ensure that all your processes are transparent, with everything at the verification and count carried out in clear view of all those entitled to attend enabling them to have confidence that the count process is well-managed and so that they can have confidence in the result.

You should prepare layout plans of your verification and count venue(s) at an early stage. A good layout will be informed by the verification and count model you decide to adopt, consideration of the workflows you intend to follow and the space you will have available.
 
To avoid any issues at the verification and count you should put yourself in the position of a candidate or agent when planning the layout to test whether the arrangements deliver the necessary transparency.

However, you also need to ensure that the work of your staff is not disrupted by those observing the process.

In considering the layout and organisation of the verification and count, you should consider that:

• appropriate security arrangements are in place to ensure that only those eligible to attend actually do so
• there are sufficient tables to accommodate the number of verification and counting staff you have appointed and adequate space for the processes to be carried out efficiently
• the layout of the tables:
  • takes into account the number of counting agents that are likely to be appointed to oversee the verification and count, as well as others entitled to be present
  • allows easy viewing by all of those entitled to be present
  • takes into account the number and size of the ballot papers
• the space around the tables and circulation areas has been maximised and any obstructions removed
• there is sufficient seating for those entitled to attend proceedings
• the public address system is in working order with sufficient range 
• the requirements of the media have been considered, e.g. by the provision of a separate media area, as they are likely to require space for their specialist (sometimes bulky) equipment
• the health and safety of all those attending has been assessed, for example:
  • any cabling from equipment or media cameras should not present a trip hazard to anyone at the proceedings
  • free access to emergency exits should not be obstructed in any way 
  • maximum venue capacity should not be exceeded

You should consider designating areas for specific functions and identify what furniture and equipment will be required for each.

Arrival at the venue

Car parking and vehicle access

It is advisable to designate different parking areas for candidates, agents and observers, and for staff. It can be helpful to have a designated entrance and exit to the car park, to avoid congestion, such as when ballot boxes are arriving from the polling stations.

It may be useful to have staff supervising the car park at this time. Any staff working in the car parking area should be equipped with appropriate safety wear such as high-visibility jackets, and should be trained to deal with a large volume of traffic including, for example, counting agents arriving at the proceedings and polling station staff arriving with ballot boxes.

Entrance

Staff should be positioned at the entrance(s) to check whether people seeking to enter the verification and count are entitled to do so. It can be helpful to have different entrances for staff and for other attendees. Additionally, you should ensure that your entrance arrangements avoid creating a bottleneck which could delay the start of the verification and count. 

Receiving area

This is where ballot boxes, ballot paper accounts and other polling station stationery and equipment will arrive for checking in and sorting. Ideally, this area should have an entrance separate from that used by other staff, candidates, agents and observers, with direct access from the car park or loading area.

Processing Areas

Verification, reconciliation and results tables

This is where the verification staff will verify the contents of the ballot boxes and reconcile the total number of votes. If laptops are to be used, you should take cabling arrangements into account and consider contingency arrangements in the event of equipment failure.
 
If you need to communicate local count totals to the RRO for collating the results you will also require an area for this communication to take place.

CRO's table

This is where you should keep law textbooks, Electoral Commission guidance, procedure notes, spare staff instructions, staff lists, stationery and other guidance materials available for reference.

Count tables

These should provide proper separation for the staff and counting agents. Where space permits, chairs could be provided close to these tables for counting agents and observers.

You may wish to use measures to separate staff working at counting tables and those observing. However, these measures should not negatively impact on the ability of candidates and agents to oversee and scrutinise the verification and count processes, including the adjudication of doubtful ballot papers. 

Postal voting area

Where postal votes are to be opened and the personal identifiers checked at the verification venue, you should allocate a separate area for processing unopened postal votes handed in at polling stations and council offices. You will need to allocate adequate space to receive, open and verify the identifiers on these postal votes, and to allow observation of these processes.
 
You will need to consider network and cabling arrangements if using verification software for personal identifier verification.

Tables for counted ballot papers

Once ballot papers have been sorted and counted into votes for parties and/or individual candidates, as appropriate, they should be placed in bundles (e.g. 100 ballot papers) and put on a separate table, so that all of the votes for each party or candidate are kept together.
  
Candidates and agents are likely to expect all the bundles for all the parties and/ or candidates (as appropriate) to be placed in one central location so they can see the comparative numbers of votes for each party and/or candidate. This needs to be considered particularly when the verification and count has been sub-divided into areas smaller than the electoral area.

Other areas

Area for candidates, agents, observers and guests

If possible, consider setting aside a separate area for candidates, agents, observers and guests with access to television coverage of the elections.

Area for refreshments

Consider providing an area where counting assistants and other staff can have a drink and a snack – they may be advised to bring some drink and food along or this could be provided for them. The verification and count can be a lengthy process, and it is important to have adequate refreshments available to help to maintain staff energy and concentration levels.
 
To avoid the possibility of any spillages you should not allow counting assistants to eat or drink at the counting tables. However, you could consider allowing the consumption of bottled water (with non-spill tops) at the count tables. Many CROs also provide facilities for candidates, agents, observers and other attendees to purchase refreshments on site.

Media area

The requirements for the media area will depend upon the types of media represented and their respective needs. For example, if television cameras are present, any lighting should not cause undue heat or glare which might impair the efficiency of the count, and cameras must not be allowed to film close-ups of the ballot papers. In addition, it is important that there are no trailing cables for count attendees to trip over, and that any equipment installed is safely positioned.

You could consider establishing areas for media representatives that allow the opportunity to oversee the proceedings from a distance and fulfil their role to report on the progress and results throughout the event.

Declaration area

A raised platform on which the local totals/results can be declared. If you are also the RRO, if space allows you should gather candidates together for the announcements and allow acceptance and concession speeches.
 
If you decide that these traditional arrangements will not be feasible at your venue, you should ensure that you are nevertheless able to communicate the results of the polls in line with legislative requirements and that all stakeholders, including media representatives, are aware of your planned arrangements in advance.

You can outsource particular work required to deliver the election, but not the responsibility for ensuring compliance with the legislation.

Do not automatically assume that outsourcing is your only and best option. You should make an assessment of the need to outsource. Your decision should be taken as part of an assessment of the costs, risks and benefits of outsourcing work, compared to in-house delivery by your staff.
 
Your review of previous electoral events and consideration of the specific requirements for the election will help to inform your decision as to whether or not to outsource a particular function or task.

If outsourcing is considered appropriate, your project plan should cover the management of contractors and suppliers and the development and management of contracts.

Finding printers

If you decide to outsource production and are having difficulty finding a suitable printer, Print Scotland may be contacted for assistance:

Print Scotland
c/o Dentons UKMEA LLP1
George Square
Glasgow
G2 1AL

Tel: 07776 493 740

https://www.print-scotland.com

If you decide to outsource work, you should commence the procurement process as soon as possible.

Your council will have adopted standing orders or regulations relating to procurement and contracts. You should take advice from relevant staff at your council on the procedures to be followed and legal requirements for procuring supplies and services.

This includes consideration of any equipment that you may need to procure for the training and processes you undertake in-house such as:

• issuing postal votes
• opening postal votes
• polling stations
• verification and count 

You will also need to have regard to the requirements of the Fees and Charges Order.

You should document all stages of the procurement process. The risks of outsourcing should be clearly acknowledged in your documentation, with contingency arrangements identified and built into the process.

Good public procurement practice recommends obtaining at least three written quotations from prospective suppliers. Some councils may, however, have a standing list of approved contractors who have already been through a tendering process. It may be more effective and economical to use such existing contractors and systems.

A detailed specification of requirements is essential for effective procurement and should be developed for all outsourced work. Suppliers should be able to provide robust information on how they are going to deliver the work as required by the specification. As a minimum, the specification must:

• include a detailed description of what you want them to deliver and when
• provide clear instructions as to the necessary statutory requirements and obligations in relation to the particular work or services to be undertaken, such as directions as to printing and any content and layout requirements statutory deadlines
• contain relevant information about any data that will be provided, including processes for sending and receipt, and secure management of data
• be provided to all those invited to tender for the work, and the successful contractor must be able to meet all of the requirements of the specification
• make it clear that the successful contractor should be producing work or delivering services according to the specification and that no changes should be made during fulfilment of the contract without prior authorisation

You should take steps to ensure that the selected contractor understands the requirements and has the experience and suitability to undertake the work being outsourced. The final price in the suppliers’ proposals should not be the only consideration in choosing a contractor. Each bid should be carefully considered to assess exactly what it offers. 

The focus should be on value for money, with the final decision being a judgement based on the contractor’s commitment to demonstrate:

• the best combination of the cost of the goods or service
• the ability to meet your requirements as laid out in the specification
• the capability to complete the work on time and to a high standard
• the provision of sufficient guarantees that the requirements of the data protection legislation will be met
• that the appropriate checks will be made relating to the suppliers’ statements as to security, health and safety, and the secure handling of data

Contractors may sub-contract work out and you should give prior written consent before sub-contractors are to be used. You should ensure that any sub-contractors are aware of the specific requirements as detailed in the specification and seek assurances that the sub-contractor will be capable of delivering the work.

Once you have made your final decision, you should take up any formal references of the chosen applicant. You should also notify unsuccessful applicants and be prepared to debrief them should they request it.

You should have a formal, written contract in place with every contractor to which you have outsourced a function or task. It is essential that statutory requirements and their implications are fully explained wherever contractors are used, and that these requirements are explicitly stated in the contract for any work. 

When appointing a contractor or supplier you must ensure that they can provide sufficient guarantees that the requirements of data protection legislation will be met.

The requirements state that the supplier and any sub-contractors must ensure:

• the secure destruction of all electoral registration data and related materials at an agreed point
• the safe/secure storage of all live ballot papers
• the secure destruction of all data related to the ballot papers at an agreed point, for example, as soon as possible after polling day

You should ensure that data protection is integral in any tender exercise (documenting your decision-making process) and that specific requirements are met in any contract awarded. You should liaise with your council’s Data Protection/Information Officer to ensure compliance with data protection legislation.

There are specific requirements under data protection legislation where you are using a contractor (i.e. a processor) to process personal data on your behalf. This would include, for example, where you are sending data to a contractor to election materials such as postal ballot packs or ballot papers.

As CRO you are a data controller and you remain ultimately responsible for ensuring that personal data is processed in accordance with data protection legislation. However, if a processor fails to meet any of its obligations, or acts against your instructions, then it may also be liable to pay damages or be subject to fines or other penalties or corrective measures. The ICO has provided guidance on Contracts and liabilities between controllers and processors which you should consider in relation to your contracts with data processors.
 
For more information see our data protection guidance on using contractors and suppliers.

The key to effective contract management is continuous and open lines of communication with the contractor, underpinned by clear and robust provisions in the contract as to the quality and timescales expected and required.

The contract should outline basic details regarding the products and services being delivered, such as specifications, quantities, timeframes and cost.
  
The contract must allow you to terminate the contract in the case of:

• a negligent act or omission
• an act resulting in you being unable to perform your statutory duties
• insolvency or dissolution of the company affecting the contract

The supplier should also have adequate insurance in place to cover risks in relation to public liability and professional negligence.
 
It should also support the quality assurance process by containing specific details of the following subject areas:

Business continuity plans (BCPs)

It is key that your contract arrangements should outline how your supplier will continue operating during an unplanned disruption in service. The detail may be held outside of your formal contract, but you should ensure that you get assurance that such BCPs exist, and ideally you should be able to view these for your own reference.

Service level agreements (SLAs) 

Your contract should define exactly what services a supplier will provide and the required level or standard for those services. For example, this may include details of how quickly emails will be replied to, cover your rights and those of Electoral Commission representatives and accredited observers to access supplier premises for the purposes of observation, or to enable you to carry out quality assurance checks, agree the amount of slippage for any deadlines that is permitted by both sides under the contract, and how any failures to meet SLAs will be dealt with, both in terms of delivery and any related compensation. Such SLAs will help define what you can expect as a customer and how you and your supplier will work together.
 
You should establish a procedure to enable you to carry out proof-checking on print-ready proofs and test documents within the agreed timescales. You should also agree a process to rectify any errors.

Any variations from the agreed specification could result in a breach of legislation and any such breach is the personal responsibility of the CRO (or, where it relates to the functions of the RRO, the RRO), so any variations should be formally documented and signed off by you or by someone authorised to act on your behalf. The contract should be capable of being adapted to take account of unscheduled activities and last minute changes. You should ensure that contractors are aware of how registration deadlines may impact on timescales. For example, EROs have until the determination deadline (i.e. 6 working days before the poll) to receive the required evidence from a prospective elector under the exceptions process and make their determination.1 If they also applied to vote by post, this will impact on the number of postal votes to be included in the last issue. If there is slippage, for example because of the time required to process bulk last minute postal vote applications, you should advise the contractors as soon as possible.

Data protection arrangements

Ensure that you cover the specifics of the data to be processed, including the types of data, the duration of the processing and the rights and obligations of both parties. This should also include instructions for deleting data after the processing has been completed. It is a legal requirement under current data protection legislation to formalise the working relationship with suppliers contracted to process data you hold, in a written contract. For more information see our guidance on data protection considerations when using contractors and suppliers.
 
You should also consider confidentiality clauses. While RO’s are not subject to freedom of information requests, in the interests of transparency, consideration should be given to agreeing to some disclosure in the event of an FOI request. However, you and the supplier must not divulge any confidential information relating the terms of the contract.

You should provide suppliers with a copy of the requirements of secrecy. 
 
You can find the Secrecy requirements for the poll in the planning section of our resources page.

Use of any sub-contractors

Your supplier should identify where they will be subcontracting any element of the delivery of their services. For election suppliers this could be in relation to production, fulfilment or delivery of materials. Whilst the use of sub-contractors is commonplace to many industries, and should not in itself be a cause of concern, it is important that you are aware of whether your suppliers utilise the services of sub-contractors and the quality assurance processes they have in place to ensure that any work delivered by third parties maintains the standards as set out in your contract with them, including data protection and secrecy requirements.

Invoicing arrangements 

You should ensure that all supporting information in relation to the costs charged will be sent by the supplier in accordance with the tender/quote. You must settle the invoice within the agreed time.

As part of your preparations for the delivery of the poll, you should check in with suppliers to finalise arrangements well before the start of the election period. This is especially important if you have long-standing contracts in place and you should check that all contractual arrangements are still appropriate and fully meet your requirements, or if there have been changes of personnel on either side.
 
As part of the pre-poll check in you should cover:

• who the key contacts are from each side, and who can be contacted when the primary contacts are not available (including out-of-hours) to ensure that work progresses without unnecessary delay
• the timeline for all stages of the work to be delivered, including:
  • when you will provide data and other information to the contractor
  • when each round of proofs will be provided to you for each item being produced, and the deadline for you to undertake your checks and respond for each
  • the printing and fulfilment windows for each item, including when and how quality assurance checks will take place at each stage
  • the despatch window for each item, including likely delivery dates given the delivery service to be used and the quantities being despatched on each date
  • the management of files of additional electors/electors to be removed from the data (where applicable)
• any proposed use of sub-contractors; including in relation to the use of downstream access providers (DSAs) for the delivery of materials to electors
• the formats and communication channels to be used to provide information to suppliers (especially data from your EMS), share proofs and provide confirmation of receipt of data, items or sign-off of proofs etc. throughout the process, and for confirmation of despatch of items. This is important to agree in advance to support a clear audit trail of each stage of the process
• the exact specifications for each item being produced; items such as ballot papers must, by law, be printed in accordance with the directions for printing in the appendix to the relevant election rules. For example, you should check with your print supplier the maximum size of ballot papers that they can produce and what contingency arrangements will be in place should longer ballot papers be required
• how you will inform each other of any issues that arise, and the escalation process involved for decision making and resolution if needed

Once you have agreed the arrangements as above, you should produce a written document which contains all of the details and can be referred to throughout the process to ensure every stage is managed and delivered as per your mutually agreed specifications.
 
It is important to remember that the agreed deadlines will apply to both parties, so you will need to make sure that you carry out all required actions on the dates agreed to support the completion of the work to the agreed timetable.

For more information see our guidance on quality assurance and proofing of election materials.

Unless you are planning to hand-deliver all of your election material, you will need have early discussions with your mail delivery provider to finalise arrangements. Your focus should be to ensure that material is delivered to electors successfully and maximises the time available to them to receive the information and take action as necessary.
 
Some print suppliers use Royal Mail for the end to end delivery of mail, however some use downstream access (DSA) providers for the initial part of the distribution process. This involves the mail being collected and processed by a company other than Royal Mail, but then handed over to Royal Mail mail centres for final processing and delivery from local delivery offices.
 
Regardless of how the delivery of your mail is managed, it is important to retain an overview at all times as responsibility remains with you even where you outsource different processes.
 
You should discuss with your print suppliers to confirm whether they intend to use DSA providers as part of the process of delivering your election material, or whether items will be handed over directly to Royal Mail. This will help you understand the full delivery process and manage any issues should they arise.
 
If you have agreed with your supplier that DSA providers will be used as part of the despatch and delivery process, you should get updates from your supplier on the progress of the delivery throughout.

Managing delivery schedules

You should liaise with your print supplier to manage the delivery of materials and ensure that voters receive the material as soon as possible so that they have the maximum amount of time to act on the information.

In making these arrangements you should:

• agree and obtain formal confirmation on strict delivery schedules well in advance of the poll. For example, when the dispatch of election material will commence and last date of dispatch
• obtain postal dockets to confirm the number of documents dispatched and the dates of dispatch, for all issues. This will also help to identify any possible issues that may have arisen with regards to dispatch and feed into any subsequent evaluation of contractor performance, and enable you to provide information to voters on dates that they should expect to receive material

For more information see our guidance on options for delivery of postal ballot packs.

Royal Mail

You should contact your Royal Mail account manager and continue to liaise with them on a regular basis.
 
At an early stage in your planning process, you should ensure that:

• any business reply licences you hold are up to date
• you obtain the estimated delivery window of election material based on the despatch dates and method of delivery/postal package chosen. This will help you to manage communication channels to voters in your area and assist in early detection of any issues encountered with the delivery of election material
• any postal voting arrangements will help to maximise the time available to postal voters to receive, complete and return their postal vote
• the correct postage will be included on any postal votes being sent to addresses outside the UK
• Royal Mail knows where and when to deliver your returned postal votes to a secure point, ready for processing; you may wish to consider a timed delivery

You will also need to consider whether to arrange for any final sweeps of postal votes and weigh up what the benefits of the sweep would be.

Voters and campaigners should be confident that: 

• elections are free from fraud
• everyone can safely take part in the election process
• votes cast will be counted in the way that voters intended
• the results you declare are a true and accurate 

Trust and confidence in the integrity of elections is essential but can be fragile. It will be difficult for you to rebuild trust or confidence which has been lost as a result of allegations or proven cases of fraud. It is also vital that candidates and campaigners can participate free from intimidation or risk.

You should put in place effective strategies for managing the safe delivery of electoral events and the preventing of electoral fraud from the outset. You will also need to be prepared to work with the police, including your police Election Single Point of Contact (SPOC), Force Elected-Official Adviser (FEOA), and prosecutors to subsequently investigate any allegations which might be made.

You should cover your approach to maintaining the security of the election and tackling electoral fraud with parties, candidates and agents at briefing sessions and as part of any written information provided to them. You should also invite the police to attend any such briefing sessions and invite them to supply you with any relevant documentation to include in your information pack.

This guidance deals specifically with the risk of electoral fraud in relation to election processes. For more information about dealing with integrity issues related to fraudulent registration or absent vote applications see our ERO guidance on:

• identifying suspicious registration applications
• identifying suspicious absent vote applications

Offences

There are a number of electoral offences specified in electoral law. For more information about these offences see our guidance for candidates and agents.

Dealing with allegations of financial offences 

Candidates and their agents, political parties and non-party campaigners, must follow rules set out in legislation about how much they can spend at an election. We produce guidance for  candidates and agents , parties and non-party campaigners outlining the rules on spending.
 
Any queries on election spending should be referred our Scotland office either by telephone: 0333 103 1928 or email: [email protected].

Although there are no definitive signs of possible electoral fraud, you will need to work with your ERO to have in place mechanisms to identify any patterns of activity that might indicate potential electoral fraud. You should be aware of and consider all the data which is available to you, including:

• have there been unusual patterns of rejected ballot papers, including rejected postal ballot packs, at previous elections
• are there any unusual patterns of registration or absent vote applications in the period leading up to the elections

We also have further guidance on identifying suspicious:

• registration applications 
• absent vote applications 

You are uniquely placed to identify incidents and patterns of activity that might indicate electoral fraud in your area. Taking early action to address possible fraud could help to avoid costly police investigations or legal challenges to the results of the elections.

You should ensure that you have mechanisms in place to assess the risk of electoral fraud in your area, including considering:

• whether there has been a history of allegations of electoral fraud in the area
• whether the election is likely to be particularly close and hard fought
• whether it is a marginal seat, which would need only a relatively small swing in the number of votes to change control
• whether there is a contest based on strong personal disagreements as well as political arguments
• where there is a highly mobile population with a frequent turnover of electors
• where there are electors who may be more vulnerable, for example because of low levels of literacy and/or English language ability

You should have in place plans and processes to maintain the integrity and security of the election.
 
Your plans should be developed in consultation with your Police Scotland Single Point of Contact (SPOC). Your Police Scotland SPOC is your contact for election-related crime, including allegations of fraud. Your police Force Elected-Official Advisor (FEOA) is a dedicated police contact for raising security concerns and sharing any relevant intelligence involving any elected officials and candidates for those roles. For more information, see our guidance on working with your local police force.

The plans should include:

• how you will work with the local police and the SPOC, outlining the division of responsibilities so that there is clarity about each other’s roles, clear lines of communication and agreement on how regularly you would expect to be in contact
• how you will communicate your approach to maintaining security and electoral integrity with stakeholders and electors, in order to support public confidence in the election
• how you plan to share candidate contact details with the FEOA to enable them to contact candidates and agents directly with updated security guidance. You should review your data protection polices and privacy notices to ensure these are fit for purpose
• mechanisms for monitoring indicators of possible electoral fraud and thresholds for action in response
• specific steps to deal with any safety concerns throughout the process such as:
  • if there is an immediate and direct threat to personal safety and/or the incident is currently ongoing and urgent, the candidate and/or their staff or family should call 999 as a priority
  • if the incident does require an urgent response but is not currently ongoing or an immediate threat, it is important to use the 101 or Contact us | Police.uk. This is the easiest and quickest way to record incidents and obtain the allocation of appropriate resources and gain a reference number
  • Neither the FEOA, nor Election SPOC, is the right person to contact to record these incidents and may not even be on duty when they occur. They will be notified, though, via internal processes. Both of these officers will be aware of the incidents and the Election SPOC may well manage crimes of election fraud, but this is not part of the FEOA role
• specific steps to deal with any potential electoral fraud such as:
  • an agreed approach for referring allegations of fraud for further investigation where appropriate
  • establishing a process for handling evidence, so that the police can carry out any forensic analysis
  • any specific risks you have identified in addition to any general fraud detection plans

Specific integrity risks might include risks associated with houses of multiple occupation such as student halls of residence or care homes where other people may have access to personal mail or where care givers may assist residents in care homes with completing postal vote applications or postal votes.

Making plans to ensure the security of papers

Your project plan should include a review of security arrangements with the local police to ensure the security of ballot papers throughout the process.
 
Your security arrangements should prevent unauthorised access to or use of the ballot papers during all stages of the production process and storage between printing and the poll.

Whichever method of storage you choose, it should be such that you can be satisfied that you have taken all necessary steps to ensure that ballot boxes and other items are kept securely at all times and cannot be interfered with.

You should consider the security risks of postal vote opening sessions, polling stations and the verification and count as part of your integrity planning and include them on your risk register. This covers the risks related to the secure storage of election materials such as ballot papers, as well as the wider security of everyone involved in election processes. As such security risks may vary within the electoral area you may need to take a different approach in particular instances.
 
We have developed a template risk register that you can use to record any risks you identify. It contains examples that you will need to consider and, if necessary, mitigate, as well as a log to record any issues that emerge and that you will need to address. Alternatively, you may wish to include risks including our examples in any risk management documentation you have already developed.

You can find the template risk register in the planning section of our resources page.

Managing the security of electoral materials

You need to decide how the ballot papers and other materials will be kept secure during postal vote opening and at the verification and count, for example, by ensuring that they are never left unattended. Presiding Officers should follow instructions for the security of ballot papers in the polling station handbook.

You should liaise with your local police Single Point Of Contact (SPOC) as needed on your security measures, such as the most appropriate method for transporting and ensuring secure storage of ballot boxes and other materials.
 
At the count venue, you should arrange to have robust arrangements in place to check in all the materials and paperwork delivered to ensure that nothing is missing.

You should also take all necessary steps to ensure the security of ballot boxes and relevant stationery from the close of poll through to the declaration of the result, particularly where there is a break in proceedings.
  
Where there is a pause in proceedings for the whole or any part of the period between 7pm and 9am the next day, you have a legal duty to place the documents under your seal and to take proper precautions for the security of the papers and documents.1 You should liaise with your SPOC on this.

You will need to have contingency arrangements in place in the event of any evacuation from any premises and consider how you will ensure the security of the ballot boxes and other materials.

Managing the security of attendees

You should liaise with your SPOC to determine if any specific measures are required for any polling stations and/or at the count venue, based on risks identified locally.

You should have also factored into your planning and risk analysis the steps you need to put in place to ensure your duty of care towards any staff in attendance at election proceedings.
 
All venues should have up to date lists of who is eligible to attend. When advising candidates and agents of details of events, you should include information about any entry requirements and any additional security measures put in place. Attendees should also be briefed on the requirements of the role they are performing, the standards of behaviour that are expected in doing so, and that you will be excluding attendees from the count venue if their behaviour interferes with the effective conduct of the count, including the declaration of the results. This should include any instructions relating to video or photography at electoral events and the sharing of images on social media, particularly where individuals and/or members of staff are identifiable.

You should also consider in advance how you will deal with any attendees who are disruptive during any proceedings, agree plans with relevant security of police officials as necessary and communicate this to attendees as part of your briefings. Where you think there is a need to contact police due a disruptive individual at an electoral event, you should do so on 999. 

You should brief candidates and agents about your security arrangements, so that they can have confidence in the security and integrity of the election. If you have made arrangements to share candidate contact details withh the FEOA, you should advise candidates that th FEOA may contact them directly with security guidance updates and advice.

For more information see out guidance on planning for postal vote opening, polling station voting and planning for the verification and count and working with your local police force. 

Police Scotland has Single Point Of Contact (SPOC) within each Division for election-related crime. Your divisional SPOC will be a key partner to help you to ensure that any possible instances of fraud are quickly identified and dealt with. You should make sure that you are clear who your SPOC is and how you can contact them.

You should make contact with your SPOC from the outset of your election planning process. Once established, you should maintain this contact throughout the election period. If you have any problems establishing contact with your SPOC, please contact the Scotland Office at the Commission.
 
Your discussions should cover your plans for maintaining the integrity of the election and your mechanisms for identifying possible issues and what actions should be taken where any suspicions arise.
 
A checklist of topics that should be considered at any pre-election planning meeting between you and your SPOC is available to support your discussions.
 
You should agree an approach with your SPOC for referring allegations of fraud you may receive for further investigation where appropriate. For example, will you be the initial point of contact and refer allegations to the SPOC, or will they be the initial point of contact and advise you of allegations?
 
You should also agree a mechanism for handling evidence, so that the police can carry out any forensic analysis, where necessary. The College of Policing Authorised Professional Practice have provided guidance to local authorities for handling evidence.
 
In addition, you should take all necessary steps to ensure that police officers attend at polling stations or call in during polling day, as appropriate, and discuss any security issues relating to any other aspects of the process including community safety for voters.

You may also decide to undertake joint publicity work with the police to support your work in maintaining the integrity of the election. For example, you could collaborate on running public awareness campaigns within the constituency to highlight what can be done to help detect and prevent electoral fraud.

It is important that once you have put in place your plans for monitoring and maintaining the integrity of the election in your area you offer clear advice to candidates, agents and electors on how to make allegations to ensure an effective and consistent approach is taken to managing them.

You should ensure that all candidates and their agents understand:

• how to raise specific concerns about electoral fraud relating to the election
• what type and level of evidence will be necessary to enable allegations to be investigated by the police
• how allegations will be dealt with
• what information and feedback they should be able to expect about the progress of any investigations

Police Scotland will investigate any allegations of electoral fraud until, following consultation with the Crown Office and Procurator Fiscal Service (COPFS), they forward the case file to the COPFS for consideration with a view to prosecution, or alternatively they are satisfied that no further action is necessary or appropriate. The police should keep you and, where appropriate, the ERO informed of the progress of the case.
 
Police Scotland, in consultation with the Electoral Commission and the EMB, has produced a guidance document for police officers in Scotland on preventing and detecting electoral fraud.

You can find the 2017 Guidance on preventing and detecting electoral fraud in Scotland in the planning section of our resources page.

Following consultation with ROs, police forces and political parties, the Commission has produced a Code of Conduct for campaigners at Scottish Parliament, Senedd Cymru, Scottish council and Welsh local elections. The code applies to all campaigners and sets out agreed standards of appropriate behaviour before and during an election.

The Code also makes it clear that if an CRO considers it appropriate to address further specific local risks, and has consulted with the relevant national and local parties, we will support them in introducing additional local provisions which go beyond the terms of the nationally agreed code.

As CRO, it is part of your role to ensure that everyone who wants to participate in the election is able to access clear information to enable them to do so.
 
This section contains guidance to support the development of your plans for communicating with a range of audiences in advance of and during the election period.
 
It includes guidance on public awareness activities to both encourage participation and to ensure that electors have the information they need in advance of polling day to assist them in ensuring they know what they need to do to vote.

It also contains guidance on planning your engagement with candidates and agents to support their participation in the election. Early engagement is key to ensuring everyone has a good understanding of the requirements of candidature, and resulting obligations during an election.
 
Finally, it contains guidance to support your plan for communicating with the media and other stakeholders.

General guidance for EROs on working with partners is contained in our guidance for EROs.

You must take appropriate steps to encourage the participation of electors in the election, and in carrying out such activity you must have regard to any guidance issued by the Electoral Commission.1 Part of this engagement activity should include how you will communicate the voting process and support available for disabled voters. This should be both directly with local disability organisations and more general signposting to accessible communications, such as providing online versions of documents that are easy-read, compatible with screen-readers, or available in large print.

You should liaise with the EROs for your constituency to ensure that all of your activities are aligned and designed to maximise impact ahead of the registration deadline. For more information on engagement as an ERO see our guidance on your public engagement strategy and registration plan.

Your activity and messaging should aim to ensure that everyone who wants to vote has the information they need to be able to do so, and can vote using their preferred method. All outgoing communications should provide appropriate contact details to allow anyone to respond and obtain further information.
 
When planning your public awareness activity you should consider and document:

• the identification of your target audience
• the objectives and success measures of the activity
• risks – identification and mitigation
• resources – both financial and staffing
• plans for collaborative working with relevant local partners, including experts in the communications department of the local council

You should identify the most effective methods to ensure your public awareness activity reaches as wide an audience as possible and that it provides essential information electors need to enable them to take part in the election. You should use your website, social media and traditional methods such as notice boards to communicate this information.
 
Information required by electors in order to successfully participate may include:

• details of the election itself
• the date and hours of poll
• different options for voting (e.g. in a polling station, postal or proxy voting)
• the location of polling stations
• any key deadlines (e.g. deadlines for registering to vote and applying for postal or proxy votes)
• how to register to vote
• how to apply for a postal or proxy vote
• estimated delivery date(s) of postal ballot packs
• how to return their postal vote (e.g. by post or in person at a polling station or to a council building)
• how to vote (i.e. how to mark the ballot papers)
• assistance available to electors and how to request reasonable adjustments (e.g. equipment to enable disabled voters to vote independently in the polling station) and how to request information in alternative formats (e.g. braille, easy read, large print)
• how votes are counted and the results calculated
• how the results will be made known 

Sending pre-poll e-communications

In addition to sending poll cards, you should also consider using any other contact details that you have to send electors additional information about the election. This could include using email addresses and mobile phone numbers, to send electors e-communications.

For example, you may decide to send out e-communications prior to poll cards being dispatched to give general information to electors. Alternatively, you may decide to use e-communications to remind electors of postal and proxy voting application deadlines.  

You will need to create template communications in advance where you are using emails, SMS, or other written electronic communications.

You will also need to decide whether to manage e-communications in house or via an external provider, and you may decide to take different approaches for different types of e-communication.

Any person processing personal data for use with any e-communication channels must comply with the requirements of data protection legislation.

Commission public awareness campaigns

In the lead-up to scheduled polls, we may run a public awareness campaign to encourage registration. Such a campaign will usually involve mass media advertising, working with partners and public relations activities. We will also provide resources that can be used locally such posters, online banners, template press releases and social media content.

We will provide a suite of resources which can help you to promote information about the voting process and support available for disabled people, including resources which will signpost to guidance on accessible communications. This information is available with our guidance on enabling and making voting easier in polling stations.
 
Information on our public awareness campaigns is shared via the EA Bulletin. We also publish a voter registration newsletter, Roll Call, which aims to help local council communications teams stay up-to-date with the latest campaign information and resources. You and your council communications team can sign up to receive the newsletter here.
 
We will also provide absent vote application forms to support electors in the postal and proxy vote application process.

Enquiries resulting from public awareness activity

You need to consider how you will receive feedback and enquiries from both your general public awareness messaging and more focused activity such as specific assistance available for disabled electors.

While most public enquiries will be easy to manage via your contact centre or support staff you should have a clearly communicated process for reasonable adjustment requests.

Requests may include making polling station notices available in braille, easy read or in a pictorial format, or different types of equipment or support to enable a person to vote independently in a polling station such as audio devices or hearing induction loops.

Staff dealing with these types of enquiries will need to be trained to understand the barriers that voters may face, the different types of alternative formats for information that are available and the types of equipment that you provide in polling stations.

For more information see our guidance on managing requests for additional support and equipment to voters.

When you are required to publish notices you should post them in conspicuous places within the electoral area. This should include local council offices, noticeboards, libraries and other public buildings. The notice may also be given in such other manner as you think fit.
 
In order to ensure that voters can receive the information they need, in an accessible format and within time for them to cast their vote, you should ensure that information on the poll, including the notice of election and the statement of persons (and parties) nominated and notice of poll, are easily accessible to voters, such as through the local council website.

If you are making information available on your website you should ensure it is accessible to all voters. For example, if you are providing information in PDF format, you should be aware that if certain steps are not followed when creating PDFs they may not be compatible with screen readers and other assistive technologies. The UK Government has produced a guide to producing accessible PDFs you can refer to. You could also speak to your authority’s Equalities Officer for advice.
 
You should have robust proof-checking processes in place to ensure that there are no errors on the notices you are required to publish. Having robust proof checking processes in place could help detect any errors and avoid any potential data breaches before they occur.

Translation and formats of notices

You are required, where you consider it appropriate to do so, to ensure that notices are translated or provided in another format. You may produce them:1

• in Braille 
• in languages other than English 
• using graphical representations
• in audio format  
• using any other means of making information accessible 

The nomination form and the ballot papers cannot be produced in any other language or format. However, both the enlarged hand-held and display copies of the ballot papers to be displayed in polling stations must have the instructions for voters printed at the top of the paper, and these words may be translated into languages other than English.2

Data protection considerations

In accordance with data protection legislation, you will need to consider whether it is appropriate or necessary for the notices to remain published, on your website or elsewhere, beyond the expiry of the petition period for the election. Where the notices serve specific purposes, i.e. advising who will be a candidate at the election, once the election is over, and the opportunity to question that election has passed, they serve no further purpose. You should either remove the notices, or remove the personal data contained in the notices, once the petition deadline for the election has passed.

Data protection legislation does permit personal data to be stored for longer periods if the data will be processed solely for archiving purposes in the public interest, or for scientific, historical, or statistical purposes and subject to the implementation of appropriate safeguards. For notices of election results, for example, you should retain these on your website as they are for public interest and historical and statistical purposes.

For more information see our guidance on data protection.

Where is my polling station? is a common question in the run-up to polling day and on polling day itself.
 
In partnership with Democracy Club we provide a postcode search tool on our website. When voters enter their postcode they are shown where their polling station is, and who their candidates are. You could embed this tool on your own website, using the widget, or add a link to our website.
  
To facilitate this, we need you to send the polling station data for your area to Democracy Club. Once you have finalised your polling stations ahead of the election you can export the data from your EMS and email it to [email protected]. Detailed instructions are available for each supplier here, if you need them.
 
We also provide your contact details in our postcode search tool. If your contact details change, we ask that you let us know as soon as possible so that we can update our records.

As part of the Commission’s public awareness campaign, electors will be sent a household information booklet containing the information they need to be able to vote with confidence.

You are responsible as CRO for all aspects of the constituency nominations process. If you are also RRO you are also responsible for all aspects of the regional nominations process.
 
Your project plan should include details on how you will engage with political parties, candidates and agents and how you manage the nomination process(es) that you are responsible for.

You should determine what information on local process will be shared with parties, individual candidates and agents and decide how this information should be disseminated. The information should be provided in good time to enable candidates and agents to act on it.

Briefings

You should ensure that that all parties, individual candidates and agents are offered a briefing session before or at the start of the nomination period. You should also hold an additional briefing session to those standing validly nominated and their agents after the close of nominations.

As a minimum, your briefing for the constituency contest and if you are also the RRO, the regional contest, should cover:

• the nomination process 
• the election process
• election spending
• accessing the electoral register
• equipment provided to polling station that makes voting easier for disabled people 
• Code of Conduct for campaigners at Scottish Parliament elections

If you are the RRO, you will also need to decide how information about local arrangements will be provided to parties, individual candidates and their election agents.

You should liaise with the CROs in your region for information about local arrangements, including their contact details and information on the dates, times and venues for the key election processes, such as postal vote issue and openings, polling, and the verification, count and the calculation of results.

The briefings should allow for the fact that there may be people who have little or no knowledge of election rules and procedures or who have not involved themselves in elections for some time.

All briefing sessions should highlight the importance of following the election rules. You should also provide information on the standards of behaviour you expect from supporters in the areas of the polling place on polling day.

We have produced template presentations for candidates and agents at the constituency contest and for parties, candidates and agents at the regional contest which you may want to use as a basis for briefing parties, candidates and election agents in your area.

You can find the briefings for Candidates and Agents at Constituency and Regional Scottish Parliament elections in the planning section of our resources page.

Providing written information 

You should ensure that parties, individual candidates and election agents are also issued with written guidance on the election process and that the information is provided in good time to enable them to act on it.

The purpose of providing written guidance is so that parties, individual candidates and election agents have access to authoritative and comprehensive guidance for reference at any time to ensure that they have all the information they need to take part in an election.

Where appropriate, you can provide a link to the relevant information they need online, and it will be for you to ensure that this can be easily accessed and to do whatever is necessary to facilitate this.

Accessibility

You should ensure that parties, individual candidates and election agents can easily access all the information they need in order to be able to participate in the election.

You should bear in mind potential specific access needs and so may need any information or guidance produced in a large-print or other format, such as Braille or audio, or in a language other than English.

You should also consider that candidates and election agents may have special requirements to support their attendance at briefings and you should make briefings available online or via video conference wherever possible.

You can record your briefing and make this available online for parties, individual candidates and election agents to watch on demand at their convenience, with details of how they can ask any follow up questions afterwards included.

However, you will also need to consider how you will offer briefings to those who are unable to, or uncomfortable with, accessing such information online, which may require you to provide some in-person briefings. You should inform parties, individual candidates and election agents of your proposed approach early to assist with your planning and preparation. Those interested in receiving a briefing should be asked to register in advance so that you can track numbers as well as accessibility requirements, which will enable you to tailor your approach and put the appropriate arrangements in place.

As CRO you are responsible for all aspects of the nominations process at the constituency contest and for the conduct of the poll for both the constituency contest and that part of the regional contest that falls within your constituency. The RRO is responsible for the nominations process at the regional contest. It is important to raise awareness of the availability of information for those wishing to stand for election through the provision of briefings and online or printed guidance, especially for those who have not made direct contact with you or your staff.

When providing information or briefing sessions about the nomination process you should ensure you include information on:

• relevant deadlines
• submission rules
• the use of commonly used names
• the completion of nomination papers
• the use of party names, descriptions and emblems
• the methods for paying the deposit
• any informal checking process arrangements you have in place

Questions of eligibility or disqualification are for the candidate only and you should not give advice on such matters. The candidate should be directed to our guidance for candidates and agents in the first instance. Should they have any further concerns, you should advise them to seek their own legal advice.

If you are not also the RRO, you should also liaise with the RRO to determine what information on local processes they will require for sharing with parties, candidates and agents and to agree how this information should be disseminated.

Nomination packs – Constituency contest

You should prepare a nomination pack for any person who expresses an interest in standing in the constituency contest.

The nomination pack for the constituency contest should contain:

• a nomination form 
• a consent to nomination form
• a form for the candidate (or someone on their behalf) to give notice of appointment of an election agent
• forms for the election agent to give notice of appointment of a sub-agent
• forms for the candidate or election agent to give notice of appointment of polling agents, postal voting agents and counting agents
• a certificate of authorisation to allow a candidate to stand on behalf of a registered political party
• a form for a candidate standing on behalf of a registered political party to request the use of an emblem
• details of how the deposit should be paid, including information on acceptable methods of payment
• written guidance for candidates and agents covering key aspects of the electoral process, including the qualifications and disqualifications for election, the nominations process, campaigning dos and don’ts, accessing electoral proceedings and what happens after the declaration of the result
• details of any local arrangements, such as the arrangements for the opening of postal votes, the poll and the count 
• a copy of the Code of conduct which sets out what is, and is not, considered acceptable behaviour at polling stations and in the community
• details of how to obtain a copy of the electoral register and the absent voters lists, and forms to make such requests with information on where to send these requests to. You should highlight that the information contained in the electoral register and absent voting list may only be used in accordance with the relevant regulations and data protection legislation
• information on the spending limit for candidates and parties at the election and guidance for candidates and agents on spending and donations
• a form for a candidate to withdraw from the contest if they decide to do so after they have been validly nominated
• any other relevant information

For more information see our guidance for candidates and agents at a Scottish Parliament election.

We have produced a set of nomination papers for the constituency contest that contains all the forms needed for nomination.

You can find the Constituency nominations papers in the planning section of our resources page.

Nomination packs – Regional contest

If you are also the RRO, you should prepare a nomination pack for any person or registered political party who expresses an interest in standing in the regional contest.

The nomination pack for registered political parties submitting a list of candidates should contain:

• a nomination form
• consent to nomination forms (to be completed by each candidate on the regional party list)
• a form to give notice of appointment of an election agent by the registered party or someone on their behalf
• forms to give notice of appointment of a sub-agent by the election agent
• forms to give notice of appointment of polling agents, postal voting agents and counting agents by the election agent
• a certificate of authorisation for a Nominating Officer or someone on their behalf to authorise candidates to use the party’s name, or the name and a description
• a form to request the use of a registered emblem
• details of how the deposit should be paid, including information on acceptable methods of payment
• written guidance for parties, candidates and agents covering key aspects of the electoral process, including the qualifications and disqualifications for election, the nominations process, campaigning dos and don’ts, accessing electoral proceedings and what happens after the declaration of the result
• details of any local arrangements for each constituency in the region, such as the arrangements for the opening of postal votes, the poll and the count  
• a copy of the Code of conduct which sets out what is, and is not, considered acceptable behaviour at polling stations and in the community
• details of how to obtain a copy of the electoral register and the absent voters lists for each constituency in the region, and forms to make such requests with information on where to send these request forms to. You should highlight that the information contained in the electoral register and absent voting list may only be used in accordance with the with the relevant regulations and data protection legislation
• information on the spending limit for candidates and parties at the election and guidance for candidates and agents on spending and donations and guidance for political parties on spending and donations
• a form for a registered party to withdraw any or all of their candidates from the contest if they decide to do so after they have been validly nominated
• any other relevant information

The nomination pack for individual regional candidates should contain:

• a nomination form 
• a consent to nomination form
• a form for the candidate (or someone on their behalf) to give notice of appointment of an election agent 
• forms for the election agent to give notice of appointment of a sub-agent 
• forms for the candidate or election agent to give notice of appointment of polling agents, postal voting agents and counting agents
• details of how the deposit should be paid, including information on acceptable methods of payment
• written guidance for candidates and agents covering key aspects of the electoral process, including the qualifications and disqualifications for election, the nominations process, campaigning dos and don’ts, accessing electoral proceedings and what happens after the declaration of the result
• details of any local arrangements for each constituency in the region, such as the arrangements for the opening of postal votes, the poll and the count
• a copy of the Code of conduct which sets out what is, and is not, considered acceptable behaviour at polling stations and in the community
• details of how to obtain a copy of the electoral register and the absent voters lists for each constituency in the region, and forms to make such requests with information on where to send these request forms to. You should highlight that the information contained in the electoral register and absent voting list may only be used in accordance with the relevant regulations and data protection legislation 
• information on the spending limit for candidates at the election and guidance for candidates and agents on spending and donations
• a form for a candidate to withdraw from the contest if they decide to do so after they have been validly nominated
• any other relevant information

For more information see our guidance for candidates and agents at a Scottish Parliament election.
  
We have produced a set of nomination papers for registered political parties submitting a list of candidates and also for individuals standing as an individual regional candidate that contain all the forms needed for nomination.

You can find the individual and party regional nominations papers in the planning section of our resources page.

The ERO is required to supply CROs with such copies of the electoral register as are required for the different aspects of the election. You should liaise with the relevant ERO(s) to agree how this will be managed in practice. If you are also the RRO, you will need to liaise with EROs from across your region.

Constituency candidates and individual regional candidates are entitled to a free copy of the full register on written request. In the case of a registered party which submits a list of candidates as regional members, the election agent for the party list is entitled to a copy of the full register.

While the legal responsibility for supplying registers rests with the ERO for each council area, if you are a CRO for a constituency which crosses council boundaries, you should have in place plans for managing or coordinating requests and supplying copies of the registers to candidates to ensure that all candidates can be supplied with registers in such a way that they have timely and easy access to them.

If you are also the RRO, you should have in place plans for managing or coordinating requests and supplying copies of the registers for the whole of the region to ensure that all those entitled to them are supplied with the registers in such a way that they have timely and easy access to them.

For example, you may consider supplying the registers centrally on behalf of all the EROs in the constituency or, in the case of an RRO, the region, and include a request form in the nomination pack that covers all council areas in the relevant electoral area. The benefit of this approach is that it could operate so that candidates or election agents only need to complete one request form covering all council areas and receive their registers from a single place, instead of having to approach each ERO separately with individual requests.

You would also need to consider the practicalities of collating the registers and in particular the updates to the register, and to discuss and agree with the EROs how the various registers and updates to them could be brought together for subsequent timely supply, including how this would work for both printed and data copies. The registers must be supplied in data form unless a printed copy has been specifically requested.

We have produced a template electoral register and absent voter list request forms that candidates and election agents can use.

You can find the register request form and absent voter list request form in the planning section of our resources page.
 
For more information on the access and supply of the full electoral register and absent voters lists to candidates, registered political parties (who can request a copy at any time) and others see our guidance for EROs on access and supply of the electoral register. 

As part of your plans for engaging with parties, individual candidates and agents and supporting their participation in the elections, you will need to determine how information about local arrangements will be provided to them.

Local arrangements will include information on the dates, times and venues for the key election processes, including:

• postal vote issue and openings
• polling day
• equipment provided to polling stations to make voting easier for disabled voters
• the verification and count

Your briefing session(s) should also highlight any security arrangements that you have put in place in consultation with the police, including your plans to share candidate email/phone number contact details with your Force Elected-Official Adviser (FEOA) to help maintain candidate safety. You should advise candidates of how their contact details will be used and provide an opportunity to opt out if necessary. 

You should also invite your Police Single Point Of Contact (SPOC) and FEOA to attend any briefing sessions, or to provide written material that you can provide to candidates and agents.

Additional security guidance for candidates and agents is available at Security guidance for elections - GOV.UK

You should also cover what standards of behaviour you expect from supporters in the area of the polling place on polling day and the rules around the handling of postal votes by campaigners.

The College of Policing Authorised Professional Practice have produced guidance on Maintaining order and preventing undue influence outside polling stations. This document is designed to help the police think about how best to approach the issue of policing polling stations and offers some practical steps to help them reduce the likelihood of problems arising and deal with any that occur. Although it is aimed at the SPOC it may also be of use to you, particularly in communicating to candidates and agents the standards of behaviour expected from supporters in the area of the polling place. It should be read in conjunction with the code of conduct for campaigners at Scottish Parliament, Senedd Cymru, Scottish council and Welsh local elections.

Parties and candidates are required by law to follow certain rules regarding:

• how much they can spend
• who they can accept donations from
• what they must report after the election 

We have produced guidance on spending and donations for candidates and political parties which you can use to provide parties, candidates and agents with information on spending returns and declarations in order to enable them to meet their reporting requirements.

Our template presentation for candidates and agents also contains guidance on spending and donations.

You can find the briefing for candidates and agents in the planning section of our resources page.

The media plays an important role in providing information to voters on the election and it is important for your communications with media outlets and representatives to be well-planned and managed in order to maintain public confidence that the election is being well-run.
 
To achieve this effectively, there should be a clear process in place for communications relating to the poll to be followed by you and, in the case of cross-boundary constituencies or where you are also the RRO, the relevant staff at other councils, and your respective communications team(s) to respond to any issues that arise.

Your arrangements for working with the media should include:

• processes for dealing with general media enquiries
• strategies for dealing with both proactive communication and media liaison in relation to specific events such as the counting of votes and the declaration of results 
• plans for reactive handling of any issues that arise in relation to the election, for example allegations of electoral fraud

Media attendance at the count

When developing your plan for how you will support media attendance at the count you should consider:

• any particular directions/instructions from the EMB
• contacting principal broadcast organisations in advance and outlining the press facilities available 
• providing an opportunity for media representatives to inspect the verification and count venue to see what space and facilities are available, to give them the opportunity to raise any issues or technical requirements with you so you can incorporate these into your planning for venue layout
• discussing arrangements for the declaration of results 
• arranging for sound systems to be used for the announcements and for any live feeds
• making accreditation arrangements for journalists, technicians and photographers attending and providing media passes
• ensuring that there is a nominated media spokesperson in place for the count, and that everyone is aware who this is and that all media questions should be directed to that person
• making sure that the media are aware of any restricted areas and procedures e.g. that camera operators are aware they must not overview sensitive information (such as close-ups of ballot papers) or obstruct count staff
• ensuring that the council’s public relations team are present to deal with media enquiries. You should make sure that they know who to approach if they are asked any technical electoral questions
• explaining the processes to be followed and the expected finish and declaration times 
• putting steps in place to enable you to provide media representatives with a written copy of the results at the time the announcement is made 

In order to assist you and your communications team with media liaison at the count, we have developed some tips for managing the media at the count.

You can find tips for managing media at the count in the planning section of our resources page.

Observers accredited by the Commission are entitled to observe:1  

• the issue and receipt of postal ballot papers
• the poll
• the verification and counting of the votes
• the collation of regional results and the allocation of regional seats by the RRO

Your project plan should include processes to manage potential enquiries from observers and to support their attendance at the electoral processes they are entitled to attend. This should include providing observers with information on the location and timing of the above processes.

Commission representatives are also entitled to observe these processes and, in addition, are entitled to observe your working practices including nominations.2
 
Accredited observers and Commission representatives do not need to give advance notification of where they intend to observe, but will carry with them a photographic identification card issued by the Commission.

Quick guide to the observer badge types

Observer badge type	Who are they?	Access
	Electoral Commission representatives	Same as candidates and agents, plus access to the issue of postal votes, and working practices of the CRO, RRO and ERO.
	Observers accredited by the Commission	Same as candidates and agents, plus access to the issue of postal votes.

If you are in doubt about the status of a particular individual seeking to gain access to election processes, you can check the registers of observers on the Commission’s website.

You have a legal duty to have regard to the Commission’s Code of practice for observers when managing the attendance of observers.3 Observers will have agreed to comply with the standards of behaviour set out in the Commission’s Code of practice. If you think there has been a breach of the Code of practice, please inform the our Scotland office either by telephone: 0333 103 1928 or email: [email protected] For more information on the role of observers see our guidance for accredited electoral observers. 

It is vital to the delivery of the election that voters can receive the information they need, without errors, in an accessible format and within time for them to take necessary action in relation to their vote.

This guidance provides an overview of the legal requirements relating to poll cards, postal vote stationery and ballot papers, and of the areas where you have discretion regarding design and the information to be included on these materials.

It also includes information to help you quality-assure the process of producing voter materials, including guidance on proof-checking and on working with suppliers and contractors.

You are responsible for sending electors and their proxies, an official poll card for Scottish Parliament elections.1

Poll cards must follow the prescribed form.2 You must include on each poll card all of the elements specified in the relevant election rules and shown on the front and the back of the poll cards in the appendix.3

You should liaise with your Royal Mail contact (or other commercial delivery partner) at an early stage to ensure that you have appropriate licences in place and that the poll card meets specific delivery requirements.

The Convener of the EMB may direct or recommend when poll cards are dispatched.

Poll cards should be sent to electors and their proxies as soon as practicable after the publication of the notice of election. If you are outsourcing the production of poll cards, you will need to securely transfer your poll card data to your printers and you should ensure that your software is able to produce a data file that your printers can use to produce the materials to the specification required.

You should, at an early stage in discussions with your printers, have addressed in what format you will supply the data and in what format they will send you any proofs, and this should be included in your specification and contract.

For more information see our guidance on developing contracts for outsourced work and quality assurance checks.

Subsequent issues of poll cards

EROs must publish two interim election notices of alteration before publishing the final election notice of alteration 5 working days before the poll.4 These notices support the prompt dispatch of poll cards to those electors who have applied to register close to the registration deadline. The first interim notice of alteration must be published 23 working days before the poll.5

You should liaise with the ERO to ensure that the timing of the publication of the second interim notice can support the production of your second wave of poll cards. The second interim notice must be published between 22 and 6 working days before the poll (inclusive).6

The Convener of the EMB may direct or recommend when the second interim notice should be published.

An update of the registration data resulting from each of the notices of alteration should be sent to your printers as soon as practicable to enable the production of poll cards for new electors.

For more information on interim notices see our ERO guidance.

For more information see our guidance on poll card delivery.

As part of your planning, you will have decided whether the production of postal voting stationery and the issuing of postal votes will be carried out in-house or outsourced. The Convener of the EMB may direct or recommend on the production of postal vote stationery and the issuing of postal votes.

For more information to support your decision-making on outsourcing see our guidance on managing contractors and suppliers.

Contents of postal ballot pack

You must send a postal ballot pack to all eligible postal voters.1 Postal ballot packs must include the following:2

• an outgoing envelope
• return envelopes: envelope A (the ballot paper envelope) and envelope B (the covering envelope for the return of envelope A and the postal voting statement)
• the ballot papers – one for the constituency contest and one for the regional contest
• the postal voting statement
• a list showing the names of the candidates who appear on the regional list of each party followed by the names of the individual regional candidates3 as given in the statement of persons and parties nominated

In addition, you must issue instructional information ensuring those entitled to vote by post are able to obtain:4

• translations into other languages of any directions to or guidance for voters sent with the ballot papers
• a translation into Braille of such directions or guidance
• a graphical representation of such directions or guidance
• the directions or guidance in any other form (including any audio)

You must address the outgoing envelope to the elector at the address they have asked for their ballot papers to be sent to and which is shown in the postal voters’ list or the proxy postal voters’ list.1

To preserve the secrecy of the ballot, you must provide two separate envelopes for returning the ballot papers and the postal voting statement:2

• envelope A – this is the envelope for the return of the ballot papers, which is to be marked with the letter A, the words ballot paper envelope and the number of the ballot papers
• envelope B – this is the covering envelope for the return of the ballot paper envelope (envelope A) and the postal voting statement. It is to be marked with the letter B and your address

You should print the name of the constituency and the region on all A and B envelopes. This will help to reduce instances of postal votes becoming undeliverable if, for example, a voter returns the A envelope with both the ballot papers and postal voting statement inside it, without putting it in the B envelope.

Envelopes for anonymous electors

Whenever you communicate with an anonymous elector you are required to send the communication in an envelope or other form of covering in such a way that does not disclose to any other person that the voter has an anonymous entry.

Postal ballot packs should, therefore, be sent to anonymously registered electors in a plain outgoing envelope. The envelope should include their name and correspondence address but must not include their elector number or make any reference to the election or electoral register.3

Postage costs

Unless you are delivering postal votes by hand, you are required to pre-pay postage on the outgoing envelope addressed to the postal voter.4

You are also required to pre-pay postage on all return envelopes, except where postal votes have been sent to an address outside of the UK.5

You should, however, explore with Royal Mail and your printer what you can do to facilitate the timely return of completed postal ballot packs from outside the UK, including the potential for the inclusion of appropriate pre-paid postage for items being returned from overseas.

You could decide to use a different design of envelope for postal votes being sent to an address which is outside the UK. For example, you could add a different colour flash. This may facilitate more efficient sorting, identification and prioritisation of overseas postal votes.

Postal ballot paper

The form of the ballot papers is prescribed in legislation and you must follow this precisely.1

The Convenor of the EMB may direct or recommend what the colour of the constituency ballot paper and the regional ballot paper should be.2

Postal voting statement

The postal voting statement (PVS) is set out in the legislation and must be produced in the prescribed form.3 The PVS must include:4

• the voter’s name (unless they are an anonymous elector)
• the numbers of the ballot papers being issued with the statement
• the prescribed instructions to the voter on how to vote by post

The PVS also contains space for a barcode.

You must produce different forms of the PVS for anonymous electors and for those who have been granted a waiver.5 The PVS for anonymous electors must not show the name of the elector.6 Where an elector has been granted a waiver by the ERO, you must omit the signature box and any references to signing the form in the instructions to voters.7

You should also design and test the postal vote statements to ensure that the signature and date of birth fields are in the correct place and format to be able to be processed on their return by your personal identifier verification system.

Additional instructions to voters

In addition to the prescribed content of the postal ballot pack as above, you should consider providing additional, more specific instructions - for example, graphical instructions for voters to help them complete the statement and ballot papers and return their postal vote stationery in the correct envelopes.

You should include the information that you must provide to postal voters on how to obtain instructions in alternative formats, e.g. alternative languages, braille, and audio.

As part of these instructions, you should include information explaining the personal nature of the vote, setting out that it is secret and that anyone interfering with the voter marking their vote would be committing an offence. You should also include information on how to report any concerns or suspected instances of electoral fraud.

You are responsible for the production of the ballot papers for the constituency and for that part of the regional contest in your constituency. If you are not also the RRO, you should liaise with the RRO at an early stage to ensure clarity on the form of the regional ballot paper.

You have a legal duty to follow precisely the design and print specifications of ballot papers prescribed in legislation.1

By law, ballot papers for postal voters and for polling station use for each contest must be the same in form, except that the official mark may be different if desired.2

You should ensure that you check with your print supplier at an early stage to establish the maximum size of the ballot paper they can print and, if necessary, have contingency arrangements in place in the event that a longer ballot paper accommodating greater numbers of candidates and or parties is required.

The final content of the ballot papers cannot be confirmed until nominations have closed, but you will need to make decisions about the following elements of the ballot papers will need to be made at an early stage:

• the format of the ballot paper numbers
• the form of the reverse of the ballot papers
• the unique identifying number
• the design of the official mark(s)
• what colour the ballot papers will be

In your early discussions with your print supplier you must carefully consider the number of ballot papers that will need to be printed to allow you to allocate a sufficient number of ballot papers to polling stations and issue postal ballot packs. This will also enable sufficient paper stocks to be procured.

You should base your print-run on 100% turnout of eligible electors. There are significant risks attached to printing ballot papers based on lower turnout levels. For example, if you start running out of ballot papers on polling day it will be more difficult at that stage to print additional ballot papers and send these to the affected polling stations in a timely manner.

If you decide for any reason not to print, as a minimum, ballot papers based on 100% turnout of eligible electorate, you should carefully assess the risks. The Convener of the EMB may provide guidance or direction on this matter.

As part of your risk assessment, you should consider:

• projected turnout – taking into account the potential for late engagement and interest in the elections. As a minimum you should assume that the turnout will be not less than the turnout at the last equivalent polls
• the particular context of these polls
• any local or national issues which may affect turnout
• whether having a stock of additional ballot papers ready for rapid delivery to polling stations is preferable, for example, printing a minimum of 100% of ballot papers but not issuing 100% of printed ballot papers to polling stations

You should also take steps to ensure that additional ballot papers can be printed at short notice if required and decide how you will brief polling station staff should this situation occur.

Ballot paper colour

The colour of ballot papers is not prescribed but the constituency ballot papers and regional ballot papers must be different colours.1 The Convener of the EMB may direct on the colours to be used.

You should liaise with the RRO at an early stage on the colours of the ballot papers to be used at the elections.

Tendered ballot papers must be a different colour from the ordinary ballot papers.2

In deciding on the ballot paper colours, you should take into account accessibility issues relating to colour and text contrast.

The official mark

The official mark is a security mark that must be added to the ballot papers.3

The official mark:

• can be the same for all ballot papers at an election or different official marks can be used for different purposes at the same election, for example, one for postal votes and another for polling station ballot papers
• cannot be re-used for seven years at a Scottish Parliament election held in the same constituency4

The mark should be distinctive. It could be a printed emblem or mark or a special printing device such as a watermark. It could also be a perforation added at the time of issue of the ballot paper.

The mark should be capable of being seen on the front of the ballot paper so that it can be seen without having to turn the ballot paper over.

The Convener of the EMB may direct that the official mark used on ballot papers to be issued in polling stations should be different to the official mark used on ballot papers to be issued in postal vote packs.

The Convener of the EMB may also direct that the RRO should work with CROs in their region to ensure the official mark is consistent across all regional ballot papers.

Ballot paper numbers

Ballot paper numbers should run consecutively, but do not have to start at 1. Ballot paper numbers should be unique, and should not be reused, for example the polling station, postal vote, and tendered ballot papers should all be numbered differently.

The Convener of the EMB may direct or recommend that RROs implement a ballot paper numbering protocol so that each regional ballot paper is uniquely numbered. This could include the addition of prefixes to the ballot paper number or the allocation of sets of numbers to particular constituencies.

Unique identifying number

The unique identifying number must be printed on the back of the ballot paper.5

Form of the reverse of the ballot paper

The form of the reverse of the ballot paper is prescribed and you must ensure that the required information is included on the ballot paper reverse in the specified format.6 There is no provision to put any hatching or other marks on the back of the ballot papers.

In all cases, you should use the maximum possible sizes of font. To ensure consistency, the same font size should be used for each candidate or party for each equivalent line.

Constituency election

Candidates must appear on the ballot paper in the order that they are listed in the statement of persons nominated and their names and relevant details must be printed in accordance with the directions for printing.1

Regional election

The registered parties and individual regional candidates must appear on the regional ballot paper in the order that they are listed as in the statement of persons and parties nominated and their names and relevant details must be printed in accordance with the directions for printing.2 The RRO will confirm the details of the parties and candidates which are to appear on the regional ballot paper after the close of nominations.

Candidate name

Candidate surnames must appear in capital letters, including the capitalisation of surnames beginning with MAC or MC and the names should follow strict alphabetisation e.g. MABBOT, MACLEAN, MATTHEWS, MCCORMICK, MORRISON.

Where a candidate has listed multiple names as their surname, either hyphenated or not, you should reproduce the whole name as provided. For example Dick Van Dyke would appear as VAN DYKE, Dick on the ballot paper and for alphabetisation purposes their surname would start with a V.

Similarly, Ann Smith-Jones would be SMITH-JONES, Ann on the ballot paper and would be listed as an S for alphabetisation purposes.

Emblems

Party list submissions and candidates can request the use of a party emblem on the ballot paper. In these cases you may be provided with a high-resolution copy of the emblem for use in the printing of ballot papers. Alternatively, you may need to download the emblem from the Commission’s website You should ensure that whatever copy is used is in the same form as the registered emblem.

The maximum size of an emblem on the ballot paper is two centimetres square. When adding a party emblem to a ballot paper, the shape of the emblem should not be altered. You should ensure that the emblem is in the same form as the registered emblem – for example, do not stretch emblems into square shapes if they are not registered as square images on our website, as this would have the effect of altering their appearance.

You should undertake careful and thorough checks for all draft proofs of your election materials before they are signed off and ready to be printed and dispatched. This is often a time-consuming and time-critical stage of the process as your suppliers will be working to tight timetables and hard deadlines.

You should decide who from your team will be involved in the quality assurance of the production process. You may need a number of team members to play a role, and involving some not as close to the raw candidate information or base proofs to ensure that nothing has been missed might be helpful.

Where possible, more than one person should check each set of proofs before approving them to ensure that errors are spotted. This can mitigate the risk of errors when turning around a large number of proofs in a short timeframe.

You should discuss with your suppliers the most efficient way that checks can be carried out, to ensure that the quality assurance processes have been completed to your satisfaction. This may involve checking materials in person, by attending the premises of your supplier, or using technology to carry out checks remotely.

You may wish to use a combination of these approaches to prevent any delays with voter materials being issued and dispatched. 

Some suppliers may conduct these checks for you as part of their service instead.

Where you are using suppliers to conduct checks, you must ensure that you get a detailed breakdown of what print quality checks are being undertaken.

These should include:

• checking that the printed material is accurate by checking against a specimen copy of the final signed off live proof for each version of the material
• where necessary, checking that all personalised text has been printed correctly

Alternatively, you may have materials sent to you for checking before they are dispatched from your premises.

You should produce guidance notes for those members of staff checking election materials.

Checking base text

Check the base text of all material carefully; this is the text that will not change, regardless of contest, number or details of candidates, or elector information.

For efficiency, suppliers may produce your proofs from templates used for previous polls. 

Checking live proofs

You should check live proofs of all forms of election material at the print stage to check that there are no errors and that they are being printed to the required specification.

Do not presume that the information output by your electoral software management system will automatically be correct. For example, there may have been legislative or boundary changes, or changes to your contact information. You should check that all the information is accurate and also that the election materials comply with all legislative requirements.

Checks should include items that have smaller print runs too, such as tendered ballot papers, postal proxies, or additional postal vote print runs after the initial data files were provided.

You need to decide how many items will be checked for each item/print-run/fill. For print checks, at least the first and last item for each version of the item should be checked to ensure that the print runs start and end as expected.

Checks of live proofs will allow staff to check that the print run reflects the latest approved version and highlight if any of the signed-off proofs have been inadvertently altered and ensure that there is no bleeding of ink and that the print quality is consistently good.

You are likely to have many different sets of proofs for the same item. You should check that the variable text on each set of proofs is correct. It is helpful to have a spreadsheet of all the variable text per version to check against. You should proof any spreadsheets against original data, such as nomination papers. These spreadsheets could include:

• a list of all of your contested elections
• the number of vacancies per election
• candidate names, address or relevant area information, descriptions and emblems

It is important to pay particular attention to emblems as many may look similar.

You should keep an audit trail of the checks that have been undertaken, which you can refer back to should any issues subsequently arise.

Guidance to support your staff with proof checking election materials should include instructions to check that:

• all details are spelt correctly
• electors’ names and addresses are accurate and match the electoral register/absent voting lists
• materials being sent to electors are correct for them (e.g. the ballot paper is for their electoral area; postal proxies are being sent postal proxy poll cards)
• correct deadlines are included where relevant (e.g. postal/proxy applications on poll cards)
• where a form is prescribed, that it meets the prescribed requirements

For ballot paper(s), you should also check that:

• the directions for printing have been followed
• the official mark and unique identifying number are correct
• the ballot papers include the details of all validly nominated parties and individual candidates as appropriate for the particular electoral area; including that:
  • candidate names (or commonly used name(s) where relevant) are correct
  • where relevant party names, descriptions and emblems are correct and as registered on the Commission’s register of political parties
  • instructions at the top of each ballot paper are the correct ones for the electoral area

The contents of the postal vote pack are prescribed and you should ensure that all the relevant details have been included on those materials. You should also check that the postal voting statement(s) include:

• the correct ballot numbers are printed
• the voting instructions are the correct ones for the electoral area

Once your election materials have been produced, you need to ensure that all materials have been printed, collated and prepared for dispatch to electors or for use at polling stations without errors.

Quality assurance checks should be conducted as soon as possible to prevent any delays to issue and dispatch.

Checking filled postal vote packs before dispatch

Quality assurance checks of filled postal ballot packs should include that:

• ballot papers and PVS numbers align
• personalised name/address information appears as expected in windows
• each pack contains the correct items (e.g. check that the correct ballot papers and reply envelope are included)

You should carry out random spot checks across all packs to ensure a representative cross-section of at least two packs from each batch of 250 has been checked, this is roughly the equivalent of a full Royal Mail postal tray.

You should keep a clear audit trail of the proofing and quality assurance processes undertaken either by your staff or by your supplier which you can refer back to should any issues subsequently arise.

You will need to consider how you will keep a record of stationery that has been checked to provide a clear audit trail of the processes that have been undertaken and which you can refer back to should any issues subsequently arise.

For more information see our guidance on quality assurance and proof checking of election materials and quality assuring the issuing process.

Checking ballot paper books before allocation

When you receive the printed ballot paper books, before any ballot papers are supplied to a polling station, you should check:

• the first and last ballot paper in every book
• the ballot paper numbers in each book or packet run sequentially
• every detail on the ballot paper is spelt correctly
• every emblem has been validly requested, has been included beside the correct candidate or party list and matches the Commission’s register
• candidate descriptions have been printed in the line ofthe correct candidate
• the voting instructions at the top of the ballot paper match the legislative requirements
• the ballot papers have been cut to the correct size
• the official mark has been included

You must ensure the security of ballot papers during production, delivery and storage. Once the official mark is printed on the ballot papers, they are effectively live.

Regardless of whether you have outsourced your printing or are printing in-house, in order to ensure that voters can have confidence in the process, your security arrangements should prevent unauthorised access to or use of the ballot papers.

These restrictions should apply during all stages of the production process and storage between printing and the poll.

For more information see our guidance on planning for ballot paper security.

This section of the guidance covers the statutory actions that must take place to enable the election timetable to formally commence.

This includes:

• the publication of the notice of election
• the requirement to deliver poll cards as soon as is practicable after the notice of election is published

We have published a timetable for the May 2026 scheduled Scottish Parliament election. You can find the timetable in the starting the election timetable section of the resources page.

Constituency contest

You must publish the notice of election for the constituency not earlier than 35 working days before the date of the poll and not later than 28 working days before the poll.1 The Convener of the EMB may direct or recommend when the notice of election for both the constituency and regional contest should be published.

The notice of election must include the following:2

• the place and the times at which nomination papers may be obtained
• the place and times for the delivery of nomination papers
• the date of the poll if the election is contested
• where you have decided to accept electronic payments, the arrangements for electronic payment of deposits
• the date by which applications for absent votes (including emergency proxies) and any cancellation or changes to existing absent voting arrangements must reach the ERO in order to be effective for the election

The notice of election should also include the date by which applications for registration must reach the ERO in order to be effective for the election.3

The address given for the delivery of nomination papers should be exact and include any room number in your offices. You should inform all reception staff at offices of the building and other connected buildings that they should not take receipt of nomination papers.

You can find a constituency notice of election template in the Starting the election timetable section of our resources page.

Regional contest

The RRO must publish the notice of election for the region not earlier than 35 working days before the date of the poll and not later than 28 working days before the poll.4 The Convener of the EMB may direct when the notice of election for both the constituency and regional contest should be published.

The notice of election must include the following:5

• the places and times at which nominations can be obtained
• the places and times at which nomination papers may be delivered
• the date of the poll if the contest is contested
• where you have decided to accept electronic payments, the arrangements for electronic payment of deposits
• the date by which applications for absent votes (including emergency proxies) and any cancellation or changes to existing absent voting arrangements must reach the ERO in order to be effective for the election

The notice of election should also include the date by which applications for registration must reach the ERO in order to be effective for the election.6

The address given for the delivery of nomination papers should be exact and include any room number in your offices. You should inform all reception staff at offices of the building and other connected buildings that they should not take receipt of nomination papers.

You can find a regional notice of election template in the Starting the election timetable section of our resources page.

You must send out poll cards as soon as practicable after the publication of the notice of election.1

A poll card must be sent to the elector’s qualifying address or, in the case of a proxy, to the elector’s address and the proxy’s address as shown in the list of proxies.2

For anonymous electors you must send their poll card in a covering envelope to the elector’s qualifying address.3

A prisoner’s poll card can be sent to the address as shown on their application, which means it may be sent to their prison address rather than their registered address.

In order to ensure that voters receive the information they need and within time for them to cast their vote you should ensure that poll cards can be received by voters as soon as possible, so that they have the maximum amount of time to change their registration details or apply for an absent vote.

The Convener of the EMB may direct or recommend when poll cards are dispatched.

Poll cards may be delivered by hand, by post, or by some other method determined by you as the most appropriate.

Delivery by hand

If you decide to deliver poll cards by hand you should plan for how this will work in practice. You should appoint sufficient staff to ensure that voters receive poll cards as soon as possible to maximise the time they have to change their registration details or apply for an absent vote. You should clearly set out in your instructions to staff the last day by which you would expect all poll cards to have been delivered.

You should ensure that staff are aware of data protection considerations, and should consider requiring staff to confirm in writing, at the point of recruitment, that they will abide by your data protection policy.

You should monitor delivery, to ensure that poll cards have been delivered across the whole of the constituency and to agreed timeframes. This may include requiring delivery staff to fill in log sheets and having supervisors carry out spot-checks.

Delivery by post

You may use Royal Mail or any other commercial delivery firm for the delivery of poll cards. If you are delivering poll cards by post, you should liaise with your postal services provider to agree timescales for delivery and obtain any proof of postage that the firm provides.

You should monitor the delivery of poll cards, to ensure that they have been delivered across the whole of the constituency and to agreed timeframes. If possible, you should have arrangements in place to track deliveries in order to assist with responding to any enquiries from electors.

Your contingency planning should address how you would issue any poll cards in the event that Royal Mail or the commercial delivery firm you have contracted are unable to deliver the poll cards, for example, due to industrial action.

This guidance is on the administration of the nominations process at Scottish Parliament elections. As CRO you are responsible for all aspects of the nominations process at the constituency contest.

If you are also the RRO you are responsible for the nominations process at the regional contest.

This guidance is designed to support decisions you will need to take to manage the nomination process efficiently and effectively. It includes information on the requirements for nomination including candidate details, deposits and methods of delivery, guidance to support the processing and determining of nominations, and guidance on the processes to be followed after the close of nominations such as the publishing of official notices. It also includes information on the actions required following the death of a candidate.

Providing information on the nomination process to candidates and agents

There may be new or less experienced candidates, agents and political parties who are unfamiliar with the practices and processes of standing for election and who will need support to be able to participate effectively.

As part of preparations for the polls, you will have put plans in place to ensure that you offer all potential candidates and agents briefing session(s) before or at the start of the nomination period, and that they are also issued with written guidance on the election process in good time to enable them to act on it. For more information about what the briefings and written information should include, and links to template briefings, see our guidance on providing information to political parties, candidates and agents.

We have produced videos for candidates and agents at Scottish Parliament elections to assist with completion of their nomination papers. These resources are intended to complement your briefings and written support to candidates and agents. You may share these links with prospective candidates and agents in your area as your see fit.

Completing your nomination papers | Guidance for Scottish Parliament constituency candidates
Completing your nomination papers | Guidance for Scottish Parliament regional individual candidates
Completing the nomination papers | Guidance for Scottish Parliament party list nominating officers

Constituency candidates

A constituency candidate is deemed to be validly nominated only if you as CRO has received a deposit of £5001 and the following completed forms, by 4pm, 23 working days before the poll:2

• the nomination form3
• a consent to nomination4
• a certificate of authorisation, to allow a candidate to stand on behalf of a political party5
• a form for a candidate standing on behalf of a political party to request the use of an emblem6

To stand on behalf of a registered political party, the party must be registered on the Commission’s register of political parties and be listed as allowed to field candidates in Scotland.

Individual regional candidates

An individual regional candidate is deemed to be validly nominated only if the RRO has received a deposit of £500 and the following completed forms, by 4pm, 23 working days before the poll:

• the nomination form7
• a consent to nomination8

Regional party list

A party and each candidate included on the party list are deemed to be validly nominated only if the RRO has received a deposit of £500 and the following completed forms, by 4pm, 23 working days before the poll:

• the regional party list nomination form9
• a consent to nomination for each candidate on the party list10
• a certificate of authorisation,11 authorising the use of the party name and, if so desired, a registered description on the ballot paper (as prescribed) – to be provided with the party list nomination form
• a written request to use one of the party’s registered emblems (if desired)12

Any party standing at the regional contest must be registered on the Commission’s register of political parties and be listed as allowed to field candidates in Scotland.13

Production of nomination papers

Nomination forms can only be produced in English and not in any alternative languages or formats.14

Neither candidates nor parties have to use the nomination forms that you as CRO or the RRO have produced, as long as their nomination form is as prescribed.15

You must as CRO prepare nomination forms for the constituency election for signature if requested.16 If you are also the RRO, you must also prepare individual regional candidates’ nomination papers for signature if requested.17

RROs are not required by law to prepare the regional list form for signature, only to supply it. However, you should, wherever possible prepare a form for anyone who asks. 

We have produced a set of nomination papers, that can be provided to candidates and parties for:

• the constituency contest
• parties standing at the regional contest 
• candidates at the regional contest who are not standing on behalf of a political party

We have also produced nominations checklists for CROs and RROs which sets out what you need to consider and specific things to look out for when determining a nomination.

You can find nominations packs and nomination checklists in the nominations section of our resource page.

All candidates’ full names must be listed on the nomination forms for both the constituency and the regional contest, surname first followed by all of their other names in full.1

Prefixes and suffixes

The nomination form does not prescribe a space for prefixes or suffixes.

Candidates and parties should be advised not to use prefixes such as Mr, Mrs, Dr or Cllr, or suffixes in the field that asks for their full name. If a prefix or suffix is included as part of the actual name the nomination form would not be invalid as a result, but the prefix or suffix should not be transferred to the statement of persons nominated or the statement of persons (and parties) nominated as appropriate.

If a candidate has submitted a nomination form with a prefix or suffix as part of their actual name, you should inform the party, candidate and their agent that it will not appear on the statement of persons nominated or the statement of persons and parties nominated (as appropriate), but that their nomination has not been affected.2

However, if a candidate has a title, they can use this as their full name. For example, if the candidate’s actual name is Joseph Smith, but their hereditary title is Joseph Avon, they can use the name Joseph Avon as their full name.3

Where a candidate commonly uses a name that is different or partly different to their actual name, they can ask for their commonly used name(s) to be used instead of their actual name.

A candidate can request to use a commonly used forename, surname or both. For example, they may be known by their abbreviated name Andy, rather than their full first name Andrew. In that case, they can write Andy into the commonly used forename box on the nomination form if they would rather that name appear on the ballot paper.

A candidate may also use initials as part of their commonly used name if they are commonly known by them.

Decisions on Commonly Used Names

It is not for you, whether as CRO or RRO, to decide whether the commonly used name is a name that the candidate commonly uses. The law requires you to take whatever has been entered in the commonly used name box at face value and to accept it as the candidate’s commonly used name.

The only grounds you have in law for rejecting a commonly used name is that you consider that:1

• its use may be likely to mislead or confuse electors, or
• it is obscene or offensive

If at an informal check stage, you are presented with a nomination form that has been completed in such a way that it appears to you that the commonly used name given does not comply with the legislative requirements, you should draw the candidate or party’s attention to the legal definition of a commonly used name and highlight that it is an offence to knowingly make a false statement on the nomination form. 

It is the candidate or party’s responsibility to ensure that they have completed their nomination in accordance with the law and to be satisfied that the given commonly used name is a name that the candidate genuinely commonly uses.

In the course of providing informal advice, you may wish to draw the Nominating Officer's or candidate’s attention as appropriate to our guidance for candidates and agents on commonly used names.

The table below contains a number of worked examples of various combinations of commonly used names and how this would affect the appearance of the candidate’s name on the statement of persons nominated or the statement of persons and parties nominated (as appropriate) and, in the case of constituency candidates and individual regional candidates, the ballot paper.

The names of candidates on a party list do not appear on the ballot paper but they will appear on a notice which must be displayed in all polling stations and sent to all postal voters.1 It will show the names of all candidates on each party list, followed by the names of the individual regional candidates as given on the statement of persons and parties nominated.

If either the commonly used forenames or commonly used surname box is left blank, then the candidate’s actual forenames or surname, depending on which commonly used name box has been left blank, will go on the statement of persons nominated or the statement of persons and parties nominated (as appropriate) and the ballot paper (where appropriate).

You should advise the candidate or for regional purposes the party that the use of commonly used names applies only to the statement of persons nominated or the statement of persons and parties nominated (as appropriate) and the ballot paper (where appropriate). The candidate’s actual name should appear on any documents that are required to show the candidate’s name, such as the imprint and candidate’s spending returns.

If you refuse the use of a commonly used name, the validity of the nomination form remains unaffected. Instead, the effect is that the candidate's full name will appear on the statement of persons nominated or the statement of persons or parties nominated (as appropriate) and, in the case of constituency candidates and individual regional candidates, on the ballot paper. This should be made clear to candidates, parties and agents and you must write to the candidate setting out the reasons for refusing to allow the use of the commonly used name.2

Witnesses

Nomination papers for constituency candidates and individual regional candidates must be signed and dated by the candidate and witnessed. The witness must sign the nomination form and provide their full name and address.1

A party list nomination form must contain a statement that it is issued by the Nominating Officer of the party or a person authorised in writing by them and must be signed by them.2 The Nominating Officer or the person authorised in writing by them must also provide their full name and date the form.3

Home address

All candidates, whether constituency candidates, individual regional candidates or those on a party list, must provide their home address on their nomination paper, which:4

• must be completed in full
• must not contain abbreviations
• must be their current home address
• must not be a business address (unless the candidate runs a business from their home)

If any detail of the home address is wrong or omitted, the nomination is not automatically invalid if the description of the place is such as to be commonly understood. 

Offence of making a false statement on a nomination paper

You should remind any person delivering the nomination papers that it is a criminal offence to knowingly make a false statement on nomination papers. If the nomination form includes a commonly used name, you should highlight that the offence also applies if a commonly used name is given that the candidate does not actually commonly use. You may warn candidates and parties that the penalty for a false statement is either a fine, currently set at a maximum of £10,000,5 and/or up to one year’s imprisonment. You should also point out that if a nomination form is not completed in accordance with the law, the candidate or party will run the risk of challenge if they are elected.

All candidates, whether constituency, individual regional candidates or those on a party list must formally consent to their nomination and deliver their consent by the deadline for delivery of nomination papers, which is 4pm, 23 working days before the poll.1

The consent to nomination form is not prescribed, but the required content is set out in law.

The form must include:2

• the candidate’s date of birth
• a statement that they are aware of the provisions of Sections 15 to 18 of the 1998 Scotland Act (as amended) and of any order in Council made under Section 15 of that Act
• a statement that to the best of their knowledge they are not disqualified from being a Member of the Scottish Parliament
• in the case of a constituency candidate a statement that they are aware of the provisions of Sections 5(2) and 9(6) of the 1998 Scotland Act and that to the best of their knowledge and belief they may stand as a candidate to be a member for that constituency
• in the case of a candidate on a registered party’s regional list a statement that they are aware of the provisions of Section 5(7) of the 1998 Scotland Act and that to the best of their knowledge and belief they may be included in that list
• in the case of an individual regional candidate for return as a regional member a statement that they are aware of the provisions of section 5(8) of the 1998 Scotland Act and that to the best of their knowledge and belief they may stand as an individual regional candidate to be a regional member for that region

The consent form must be signed and dated by the candidate and the date must be on or within one calendar month before the last day for the delivery of nomination papers.3

The consent must be witnessed by another person, but there are no restrictions on who can be a witness to the consent to nomination and it must be submitted by hand and cannot be submitted by post, fax, email or other electronic means.

If you are satisfied that, due to the absence of the candidate from the UK, it is not reasonably practicable for the candidate to provide their consent in writing, you can treat a candidate’s consent given by email, fax or scanned document sent electronically as written consent. The consent is deemed as having been given on the date it is sent, and does not need to be witnessed.4

The absence of a consent to nomination for a candidate on a party list does not invalidate a party list’s nomination. If a consent form from a particular candidate on the list is not submitted by 4pm, 23 working days before the poll you, if you are also the RRO, must remove the person from the list.5

To be able to use a party’s identifiers (i.e.name, description and emblem) a party must be registered on the Commission’s register of political parties and be listed as allowed to field candidates in Scotland.1

Political parties can register up to 12 descriptions.

You must check that the party name and, in the case of the regional contest, any description as given on the nomination form is registered on the Commission’s register of political parties and matches the registration exactly.2 If it does not, you must reject that nomination.3

Even if a registered party is well known, it is vital to check the register of political parties for the exact details of the party as registered with the Commission.

In case of any future challenge, and to maintain a clear audit trail, you should print a copy of the relevant part of the Commission’s register of political parties showing the party name and descriptions at the time of your determination.

What descriptions may be used at the Scottish Parliament election?

The legislation is precise about the use of descriptions. Different rules apply to constituency candidates, individual regional candidates and regional party lists.

Constituency candidates may only use one of the following descriptions:1

• the word Independent
• the registered party name of one registered political party
• the registered party names of two registered political parties

Constituency candidates cannot use any of a party’s registered descriptions.

If a candidate wishes to use a party name, this must be authorised by the party’s Nominating Officer (or a person authorised to act on their behalf).2  

If the description on the nomination form matches one contained on our register of political parties or is a registered party name, a certificate of authorisation, signed by on or behalf of the party’s Nominating Officer, must be submitted by the deadline for the delivery of nomination papers which is 4pm, 23 working days before the poll.3

Where the word Scottish is not part of the registered party name, the party name on the nomination form can have the word Scottish included in front of it. If the registered party name starts with the word the, the word Scottish can be inserted after the word the on the nomination form.4

You can check who the Nominating Officer for a particular party is by referring to the Commission’s register of political parties. However, as long as the person who has issued the certificate claims that they have been authorised to do so by the registered Nominating Officer, the certificate should be taken at face value.

A Nominating Officer may stand as a candidate. If this happens, the candidate, as Nominating Officer, may authorise their own description. A person authorised by the Nominating Officer to issue a certificate of authorisation may also be a candidate and sign a certificate for their own nomination.

The form of the certificate of authorisation is prescribed.5

Candidates standing on behalf of two registered parties must use the registered names of both parties as their description but may include the word and between them.6 The benefit of adding the word and is that it makes it clear to voters that the candidate is standing on behalf of two parties.7 The candidate must submit a certificate of authorisation from each of the parties’ Nominating Officers (or persons authorised in writing to act on their behalf) by the deadline for the delivery of nomination papers.8

Examples

The Purple Party is the name of a registered political party. Provided they have submitted the necessary certificate of authorisation by the deadline, a candidate standing for that party at the constituency election can use any of the following names on the nomination paper:

• The Purple Party
• The Scottish Purple Party

The Poll Party and Vote Party are the names of two registered political parties. Provided they have the necessary certificates of authorisation, a candidate standing jointly for both parties can use any of the following descriptions:

• The Poll Party Vote Party
• The Poll Party and Vote Party
• The Poll Party and Scottish Vote Party
• The Scottish Poll Party Vote Party
• The Poll Party Scottish Vote Party
• The Scottish Poll Party and Vote Party
• The Scottish Poll Party Scottish Vote Party
• The Scottish Poll Party and Scottish Vote Party

The order of the above descriptions may also be changed, with the Vote Party appearing before the Poll Party.

Individual regional candidates 

Individual regional candidates may only use the description Independent or choose to stand without a description.1

Regional party list

Each regional party list must include the name of the registered party and, if desired, a description of that party which is registered with the Commission.2

The use of both the party name and any description must be authorised by the party’s Nominating Officer (or a person authorised to act on their behalf) through the submission of a certificate of authorisation from that party’s Nominating Officer (or a person authorised to act on their behalf).3

The form of the certificate of authorisation is prescribed.4 This allows the party to include the party name and a description (if desired), as stated on the certificate, on the nomination form.

The name of the party entered onto the certificate must be as registered with the Commission. Where the word Scottish is not part of the registered party name, the party name on the nomination paper can have the word Scottish included in front of it. If the party name registered starts with the word the, the word Scottish can be inserted after the word the on the nomination paper.5

The certificate of authorisation must be provided alongside the regional party list nomination form.6

If you are also the RRO you can check who the Nominating Officer for a particular party is by referring to the Commission’s register of political parties. However, as long as the person who has issued the certificate claims that they have been authorised to do so by the registered Nominating Officer, the certificate should be taken at face value.

A Nominating Officer may stand as a candidate. If this happens, the candidate, as Nominating Officer, may authorise their own description. A person authorised by the Nominating Officer to issue a certificate of authorisation may also be a candidate and sign a certificate for their own nomination.

A regional list cannot be submitted on behalf of more than one registered political party.

Examples

The Purple Party is the name of a registered political party. Provided they have submitted the necessary certificate of authorisation by the deadline, that party can use the following names on the nomination paper:

• The Purple Party
• The Scottish Purple Party

The Poll Party is the name of a registered political party. It also has a registered description which is Democracy via voting. Provided they have the necessary certificate of authorisation that party can use any of the following names and descriptions on the nomination paper:

• The Poll Party
• The Scottish Poll Party
• The Poll Party Democracy via voting
• The Scottish Poll Party Democracy via voting

Political parties can register up to 3 emblems.

If requested, a constituency candidate of a party can choose to have a registered emblem of the party they are representing displayed on the ballot paper. To qualify, a candidate must have been authorised to use a party name.1

Where a constituency candidate is standing on behalf of two registered parties and has been authorised to use the names of both parties, they may choose to use a registered emblem of one of the parties. There are no provisions for joint emblems to be registered with the Commission.

A regional party list may be accompanied by a request to have one of the party’s registered emblems displayed on the ballot paper.2 The Nominating Officer (or someone authorised on their behalf) must make the request in writing to the RRO by not later than the deadline for delivery of nominations.

If a party has more than one registered emblem, any request for an emblem should specify which one to use. If the emblem is not specified, or the registered party changes or removes the emblem from the register of political parties after the nomination papers have been submitted but before the close of nominations, you should try to contact the candidate or the Nominating Officer (or the person acting on their behalf) as appropriate and ask them to select one. You should also tell them that if they do not select a particular emblem before the close of nominations, you will not be able to print an emblem against their name or the party’s name (as appropriate) on the ballot paper.

The candidate or Nominating Officer (or someone authorised to act on their behalf) may provide a high-resolution copy of the emblem for use in the printing of ballot papers, or the candidate/party may request that you download the emblem from our website. You must ensure that whatever copy is used is in the same form as the registered emblem.

The maximum size of an emblem on the ballot paper is set by the directions for printing. When adding a party emblem to a ballot paper, the shape of the emblem should not be altered. For example, do not stretch emblems into square shapes if they are not registered as square images on our website, as this would have the effect of altering their appearance.

A Zip file of emblem images will be available on our website. However, while the Zip file is a tool that can be used by your printer to prepare ballot papers, it is the information on the Commission’s register of political parties that should be used for confirming which emblem to print on the ballot papers.

Our register of parties contains up-to-date information about political parties, registered descriptions and emblems, and shows which names, descriptions and emblems are currently registered for each party.

Changes up to the publication of the notice of election

Removals or substitution of any registered descriptions may take effect up to and including the day before the actual date of publication of the notice of election for any particular election.

It is important to note that this is not the last day for publication of the notice of election but the actual day of publication.1

Once the notice of election is published any changes or deletions to any party descriptions do not apply for that election.2

For example, if as RRO you decide to publish your notice of election before the last day that the notice must be published by law, it is possible that a nomination may be submitted which bears a registered party description that no longer appears on the register of political parties.

If the deletion of the description has taken effect after you have published your notice of election but before the last day for publication of notice of election, the deletion does not apply to your election and the ‘old’ description is still valid. In any such circumstances you can check with the Commission’s Scotland Office whether or not the submitted party description applies for your election.3

Changes up to two working days before the final day for delivery of nomination papers

You should also note that political parties may change their registered party name and emblems, and add any new description if they previously had registered fewer than 12 descriptions, at any time until two working days before the final day for delivery of nominations for that election.4

New parties must also be registered two working days before the final day for delivery of nominations for that election, in order to use names, descriptions and emblems at that poll.

The table below sets out the deadlines for making changes to the register of political parties in the run up to a poll. After that point, any changes or deletions to any party descriptions do not apply for that election.5

Party description – not yet registered

Where a candidate or party attempts to submit a nomination paper bearing a description that has yet to be registered, you should advise the candidate or party (as appropriate) not to formally submit the paper, but to take it back and submit it once the description has been successfully registered.

If a candidate or party (as appropriate) formally submits their nomination form with a description that is not yet registered, you must determine the nomination invalid on the basis that, when the determination is made, the description provided does not match any registered with the Commission.9

You may wish to contact the Commission’s Scotland office for confirmation that a description is not yet registered before making your determination. 

In order to be validly nominated (whether as a constituency candidate, individual regional candidate or regional party list) £500 must be deposited with relevant Returning Officer by the close of nominations.1

You must accept deposits made using:

• legal tender (cash in British pounds only)
• UK banker’s draft2

You may refuse to accept a banker’s draft if you do not know whether the drawer carries on business as a banker in the United Kingdom.3

You can choose to accept funds by means of: 

• a building society cheque 
• a debit or credit card 
• electronic transfer of funds 

You should accept building society cheques if they carry out business in the United Kingdom. You should also accept banker’s payments which are orders issued by a bank, guaranteeing payment to the recipient. If you decide to accept any of these methods you should list them on the notice of election and make any requirements you have clear in the nomination pack.

If there is a fee attached to the form of payment, you can pass this on to the candidate. If so, you should make this clear on the notice of election and the nomination pack.

Constituency candidates

The deposit must be delivered to the CRO by the candidate (or someone acting on the candidate’s behalf).4 If the deposit is made by someone other than the candidate the person delivering the deposit must give their name and address, unless they have already provided this information as part of their notification of appointment as the candidate’s election agent.5

Individual regional candidates

The deposit must be delivered to the RRO by the individual regional candidate (or someone acting on the candidate’s behalf).6 If the deposit is made by someone other than the candidate the person delivering the deposit must give their name and address, unless they have already provided this information as part of their notification of appointment as the candidate’s election agent.7

Regional party nomination paper

The deposit must be delivered to the RRO by the party’s Nominating Officer (or someone acting on their behalf).8 If the deposit is made by someone other than Nominating Officer, the person delivering the deposit must give their name and address, unless they have already provided this information as part of their notification of appointment as the party list election agent or as a party list candidate.9

This guidance explains the requirements for the delivery of nomination papers. It sets out what you should do to prepare for and undertake informal checking of papers before they are formally delivered. 

It also explains what papers must be submitted and how they should be completed in order for you to be able to determine them, along with the method of submission and who is entitled to deliver and attend the delivery of nomination papers.

The purpose of an informal check is to check that a nomination paper appears to be complete in respect of all the legal requirements.

When conducting an informal check it should be made clear that the nomination papers are being looked at informally only.

This process allows you to highlight any errors which would invalidate the paper or which may give reason for a challenge following the election, allowing the opportunity for these to be corrected before being formally submitted.

Once informal checks are complete, the papers will either be handed back, or if there are no amendments to be made, they may be formally submitted.

The person delivering the nomination paper may choose not to wait for an informal check or may choose not to make any changes following advice given at the informal checking stage. If that is the case the paper should be considered as formally submitted and you should accept it at face value.

All candidates, agents and parties (as appropriate) should be given an equal opportunity to access an informal check.

At the conclusion of the informal check, you should offer to return the nomination papers if an issue has been identified. If no issues have been identified, you should offer to accept them formally.

You should consider how you are going to manage this process, for example by putting in place an appointment system.

The deadline for nominations is 4pm, 23 working days before the poll.1

This deadline cannot be moved or extended for any reason.

Nomination papers can be delivered on any working day from the day after the publication of the notice of election. It is for the relevant RO to determine the times at which they will allow nomination papers to be delivered, and these times for delivery must be specified on the notice of election.2

The Convener of the EMB may direct or recommend when the notice of election should be published.

Delivery is determined as being when the nomination papers are delivered, by hand where this is required, at the place specified in the notice of election.3

No appointment is required to deliver nomination papers but appointments could be offered and encouraged as a way to manage the potential volume of nominations.

The candidate or Nominating Officer (as appropriate) is responsible for making sure that their nomination papers are delivered in the correct manner and by the required deadline. If a completed set of nomination papers and the deposit have not been delivered by that time, the nomination has not been made which means that a nomination paper cannot be ruled valid or invalid.4

Nomination papers must be delivered to the location specified on the relevant notice of election.1

For the constituency contest, the location you choose must be:2

• in the constituency, or
• in the local government area (or, if more than one, any of the local government areas) in which the constituency is situated, or
• in any local government area adjoining any of the local government areas in which the constituency is situated

For the regional contest, the location must be in the region.3

The location included on the notice of election for the delivery of nomination papers should be exact, and include any room name or number. This ensures there can be no doubt about where nomination papers should be delivered.

As CRO or RRO, as applicable, you should: 

• ensure only you and your staff take delivery of nominations at the specified location
• clearly signpost the location from the building entrance
• ensure the route is fully accessible, or there is an appropriately signposted alternative
• give details to other council staff, such as reception staff, of what to do if a person tries to deliver a nomination paper to them, making it clear that they:
  • should not handle nomination papers
  • should not offer to deliver them
  • should instead direct the person delivering the forms to you

You or an appointed depute must be present throughout the period for nominations.4

There are no restrictions on who may deliver the nomination papers in respect of the constituency candidates or individual regional candidates.

A party list nomination form must be submitted by the party’s Nominating Officer or a person authorised in writing by them.1 The certificate of authorisation must be provided with the party list nomination form.2

There are no restrictions on who can deliver consent to nomination forms and emblem requests, as well as the certificate of authorisation for constituency candidates standing on behalf of a political party.

Only certain people are entitled to attend the delivery of nomination papers, inspect and make any objections to the validity of nomination forms.

For more information on dealing with objections see our guidance on objections to nominations.

Constituency candidates

After a constituency candidate has delivered their nomination papers and deposit and they stand validly nominated, they are entitled to attend the delivery of other candidates’ nomination papers and make objections to the validity of constituency nomination forms.

In addition to the candidate, the following persons will also be able to attend and make objections:1

• their election agent
  • in the case of constituency candidates standing for a registered political party, that party’s Nominating Officer (or a person authorised to act on their behalf)
  • if a constituency candidate is their own election agent, they can appoint one other person to attend the delivery of nomination papers and make objections

Individual regional candidates

After an individual regional candidate has delivered their nomination papers and deposit and they stand validly nominated, they are entitled to attend the delivery of regional nomination papers and make objections to the validity of regional nomination forms. In addition to the individual regional candidate, the following persons will also be able to attend and make objections:2

• their election agent
• any candidate included on a party list
• the election agent of a party list
• any Nominating Officer who has submitted a party list (or a person authorised to act on their behalf)
• if an individual regional candidate or a party list candidate is acting as the election agent, they can appoint one other person to attend the delivery of nomination papers and make objections to the validity of a nomination form

Regional party nomination paper

The following persons will be able to attend and make objections to the validity of regional nomination forms:

• an individual regional candidate
• their election agent
• the party list election agent or the Nominating Officer of a party who has submitted a party list 
• a candidate included on a party list
• if an individual regional candidate or a party list candidate is acting as the election agent, they can appoint one other person to attend the delivery of nomination papers and make objections to the validity of a nomination form

Other people entitled to attend

Electoral Commission representatives and one other person chosen by a validly nominated candidate (whether a constituency candidate, individual regional candidate or a candidate on a party list) can also be present at the delivery of nomination papers, but they are not allowed to inspect or make any objections to nomination papers.3

Secure storage of the nomination papers

You must keep the nomination papers secure and allow inspection of the nomination forms by the persons permitted to inspect these until the deadline for making objections to the nomination papers.4

Once the deadline for making objections has passed, you should store the nomination papers securely for one year after the election due to the time limit for prosecution in case of an election petition.

The nomination forms and consent to nomination forms must be delivered by hand and cannot be submitted by post, fax, email or other electronic means. The only exception to this is where a candidate is overseas, in which case their consent to nomination may be sent electronically.1

Certificates of authorisation and emblem request forms may be delivered by hand or by post, but cannot be submitted by fax, email or other electronic means.2 However, the certificate of authorisation for party lists must be delivered alongside the nomination form and therefore must be delivered by hand.

The original version of each completed document should be submitted. A certificate of authorisation, for example, which has been sent as an attachment to an email to be printed out would be a copy document and not the original document. A certificate requires a method of authentication to make it a certificate. This will, in practice in most cases, take the form of a signature to attest the truth of the facts stated. It could, however, also take the form of a seal.

Whatever method of authentication is used, the document you receive must be the original document and not a copy document.

You should take steps to communicate the requirements relating to delivery of nomination forms to all prospective candidates, parties and agents and ensure that these requirements are highlighted in any local briefings or guidance you produce.

Any nomination papers received by post have not been delivered in accordance with the rules. The candidate or party is therefore not deemed to stand nominated and no decision can be taken as to whether the papers are valid.

You should have processes in place for monitoring postal deliveries to the place designated for the delivery of nomination papers so that any papers received can be identified quickly.

You should try to contact the candidate, or the Nominating Officer if it is a party list nomination, using the details on the nomination form and explain:

• that nomination papers cannot be accepted by post
• that they need to be delivered by hand, by the appropriate person to the place and within the times specified on the notice of election in accordance with the rules
• that it is the candidate’s or Nominating Officer’s responsibility to ensure that this is done by the deadline for the receipt of nominations
• that the candidate or Nominating Officer (as appropriate) does not need to produce new nomination papers

You should retain any nomination papers you receive by post to enable them to be collected and delivered to you by hand.

You and your staff, are not permitted to deliver the papers.

There is no limit to the number of nomination forms that may be delivered.

If a candidate or party is validly nominated by more than one form, the candidate or Nominating Officer (as appropriate) should choose which one of the valid nomination forms (the selected nomination form) details are to be added to the statement of persons nominated or the statement of persons and parties nominated (as appropriate) and the ballot paper.

If they cannot or do not do this, then you must choose which one of the forms will be used.1

If more than one nomination form is delivered and one of the nomination papers is invalid, that paper is excluded from the forms that can be chosen.

As long as at least one nomination form is valid, the candidate or party (as appropriate) can be validly nominated.

Once a nomination paper has been formally delivered, no changes can be subsequently made to it (subject to your power to correct minor errors). For more information see our guidance on mistakes on nomination papers.

You should endorse each form with the date and time of formal delivery, so that you have a record of when each paper was formally submitted.

If a candidate or party later decides that they want to make changes to their nomination paper, for example to the description, this can only be done by withdrawing and submitting new nomination papers within the statutory timeframe.

You must determine the validity of a nomination form as soon as is practicable after formal delivery.1 This enables candidates or parties whose nominations have been deemed invalid to submit new papers before the close of nomination.

We have produced a checklist to assist you with processing nomination forms.

You can find the checklist in the nominations section of our resource page.  

Accepting nominations at face value

You must not:

• undertake any investigation or research, your duty does not go beyond seeing that a nomination form is correct on face value2

You should not:

• investigate whether a name given on a nomination form is genuine

You should:

• disregard any personal knowledge you may already have
• determine nominations on the basis of the form itself

The grounds to determine a nomination paper invalid at Scottish Parliament elections are provided for in legislation.

See our guidance for further information on determining a nomination paper invalid at the constituency election and regional election.

Failure to provide a deposit

If you have not received the deposit of £500 or any of the required nomination papers by the deadline for the submission of nomination papers, the candidate or party has not been validly nominated. There is then no need to make a formal determination, and their name should not appear on the statement of persons nominated or statement of persons and parties nominated (as appropriate).

Sham nominations

In very limited circumstances, there is an exception, based on case law, to the principle of accepting nomination papers at face value. You may come across a situation where the candidate's nomination is clearly a sham - for example, if a candidate has given an obviously fictitious name or address such as Mickey Mouse of Disney Land. In such a case the nomination paper must be held to be invalid on the grounds that the candidate’s particulars are not as required by law.1   

In addition, the case law also provides that candidates who give particulars that are obscene, racist or an incitement to crime deliver particulars that are not as required by law. This is because they contravene the law and/or will inevitably involve the relevant Returning Officer in a breach of the law.
 
When considering the name, the primary consideration should be whether the name that has been provided on the nomination form appears to be obviously fictitious on the face of the paper. 

If the name does not appear to be a genuine name and instead appears to be a statement or slogan, for example, you may consider that it is obviously fictitious. 

Any conclusion would be supported by considering the wider context. For example, does the name appear to be a political slogan made in response to topical political events, rather than the genuine name of a real person? 

A court would likely in those circumstances conclude that such names are obviously fictitious and that the nomination form should be rejected.

A candidate who delivers completed nomination papers and the deposit by the required deadline will be deemed nominated unless you decide that the nomination form is invalid (or the candidate dies or withdraws).1

By law, the only grounds you have for determining that a constituency nomination form is invalid are:2

• that the particulars of the candidate or the witness signing the nomination form are not as required by law
• that the paper is not witnessed as required
• that the person is disqualified on the grounds that they are imprisoned and serving a sentence of a year or more

The description (which in the case of constituency candidates must consist of either the name of one or two registered parties or the word independent) given on the nomination form is part of the particulars of the candidate. Therefore, if the party name does not appear on the Commission’s register of political parties as a party that can contest elections in Scotland, or the party name used on the nomination form does not exactly match the party name as registered with the Commission, the nomination form must be rejected. Equally, if the use of the party name has not been authorised by the delivery of a certificate of authorisation in the prescribed form, the nomination form must be held invalid.3

If in your opinion a constituency nomination paper breaches the rules around descriptions, you must give a decision to that effect as soon as practicable after the delivery of the nomination form and in any event within 24 hours of the close of nominations.4

Individual regional candidates1

A candidate who delivers completed nomination papers and the deposit by the required deadline will be deemed nominated unless you decide that the nomination form is invalid (or the candidate dies or withdraws).

If you are also the RRO, by law, the only grounds you have for determining that an individual regional nomination form is invalid are that:2

• the particulars of the candidate or the witness signing the nomination form are not as required by law
• the paper is not witnessed as required
• the person is disqualified on the grounds that they are imprisoned and serving a sentence of a year or more 

Regional party lists

If you are also the RRO, by law, the only grounds you have for determining that a party nomination form is invalid are that:3

• the party name and description are not registered with the Commission or their use has not been authorised by the delivery of a certificate of authorisation in the prescribed form
• the number of candidates on the list is greater than 12
• the list does not contain the required statement that it is issued by the Nominating Officer (or by a person authorised in writing by the Nominating Officer)

The only grounds you have for determining that that a party list candidate shall cease to stand nominated are that:4

• the candidate withdraws or the party withdraws the candidature
• the particulars of the candidate in that list are not as required by law
• the candidate is disqualified on the grounds that they are imprisoned and serving a sentence of a year or more
• the consent to nomination of that candidate is not delivered in accordance with the rules
• proof is given to your satisfaction of the candidate death

Once you have decided that a nomination form is valid, that decision cannot be challenged during the election, although it may be challenged after the election by way of an election petition.1

In the case of a constituency candidate or individual regional candidate, if the relevant RO determines that the nomination form is invalid, they must state this on the nomination form together with the reasons for the decision and sign it.2

In the case of the regional contest, if you as RRO determine that a regional party list is invalid or you decide that the name and address of any candidate should be deleted from the regional list, you must state that fact on the regional list, write the reasons for rejection and sign it.3

A candidate (whether a constituency candidate, individual regional candidate or a candidate on a regional party list) can withdraw their candidature.1

A notice of withdrawal must be:2  

• signed by the candidate
• attested by one witness
• delivered by hand or by post to the place for the delivery of nomination papers
• delivered by 4pm, 23 working days before the poll

There are no restrictions on who can deliver the notice of withdrawal.

The details of any constituency or individual regional candidates who by the deadline for withdrawals remain validly nominated must be printed on the ballot papers.3 If a candidate has not withdrawn by the deadline, their name must go forward to the ballot paper.

A party’s Nominating Officer (or someone authorised to act on their behalf) can withdraw the candidature of any or all of the candidates included in a regional party list. For this to be effective the withdrawal notice signed by the Nominating Officer (or someone authorised to act on their behalf) and attested by one witness must be delivered by 4pm, 23 working days before the poll.4

The notice must be delivered by hand or by post to the place for the delivery of nomination papers. There are no restrictions on who can deliver the notice of withdrawal.

Where you receive a withdrawal notice you must delete the name and address of the candidate or candidates from the party list.5

Withdrawal notices are not prescribed in legislation. We have produced template withdrawal that you could give to any candidate or party who requests one.

You can find the withdrawal notice in the nominations section of our resource page.  

Subject to your power to correct minor errors no changes can be made to a nomination paper once it has been formally delivered.

The information in this section explains how to deal with minor errors and you must have regard to this.1

You can, by law, correct minor errors made on nomination forms and regional lists at any time before you publish the statement of persons nominated or the statement of persons and parties nominated.2

You should attempt to contact the candidate, agent or Nominating Officer before making any minor error amendment.

This table sets out some of the minor errors which can be corrected and guidance about exercising your power to correct minor errors. You should contact the Scotland office for advice when considering correcting minor errors.

Certain people may object to the validity of a nomination form or regional list. For more information on who is entitled to inspect and object to nominations see our guidance on attendance at delivery of nomination papers.

Objections can be made on the last day for delivery of nomination papers.

Timetable for objections

The time within which an objection can be made depends on when the nomination form was delivered.

Objections on the grounds that a candidate is imprisoned for a year or more

The only exception is where the objection is on the grounds that a candidate is disqualified because they are serving a prison sentence of a year or more.3 In this case, objections can be made between 10am and 4pm on the next working day after the deadline for delivery of nomination papers. 

If it appears to you that a candidate (whether for return as constituency member or regional member) may be disqualified from standing for election (i.e. because they are imprisoned and serving a sentence of a year or more), you must as soon as practicable after the close of nominations publish a draft of the constituency statement of persons nominated or the regional statement of persons and parties nominated (as appropriate)4 containing a notice stating that any person who wishes to object to the nomination of a candidate on the grounds that they are disqualified from standing for election because they are imprisoned and serving a sentence of a year of more may do so between 10am and 4pm at the place specified in the notice.5  

You should consider any objection that you receive during the allowed time for objections to be made. You should not undertake any investigation or hear any representations in support of or challenging any fact or statement given on the nomination form or regional party list.

For information on the grounds of which you may hold a nomination form invalid see our guidance determining a nomination invalid – Constituency election and determining a nomination invalid – Regional election.

You must decide any objection as soon as practicable after it is made and in any event within 24 hours after the close of nominations.1

Where you decide that, as a result of an objection, a nomination or regional party list you have already determined should have been ruled invalid, you must show on the statement of persons nominated or the statement of persons and parties nominated any candidate or party who is no longer validly nominated together with the reason why they no longer stand nominated.

You should inform the candidate and/or party as appropriate.2

After the close of nominations you must publish:1

• in the case of constituency contests, a statement of persons nominated and a notice of poll
• in the case of regional contests, a statement of persons and parties nominated and a notice of poll

The Scottish Parliament Information Centre has requested that CROs and RROs provide them with a copy of, or link to, the statement of persons nominated and the statement of persons and parties nominated at the constituency and regional contests respectively. 

This information should be sent as soon as possible after the period for objections to nominations has passed, to [email protected] 

As you will now know which candidates and parties are standing in your area, it is important to revisit your project pan, risk register, and plans for the management of polling stations and count. You should check whether they are still suitable or if any amendments are needed to ensure that processes run smoothly, safely, and efficiently.

Factors to consider could include the number of candidates and parties standing, the level of experiences that the candidates and political parties represented have of standing for elections and their knowledge of electoral processes, as well as any local risks or issue that could require specific management at polling stations or the count.

Where you have made arrangements to do so, you should also forward the email and telephone contact details of candidates and parties standing in the elections to the Force Elected-Official Adviser (FEOA). You should ensure that candidates are aware of how their information will be used and provide them with the opportunity to opt out if necessary. For more information, see our guidance on working with your local police force. 

Nomination in more than one contest

A candidate may not stand for election in more than one constituency or in more than one region. However, a candidate may stand for election in both a constituency and a region, so long as the constituency is within the region and they either stand on behalf of the same party in both contests or not stand on behalf of a party in both contests. If a candidate is elected at the constituency contest, their name will be disregarded at the allocation of regional seats.

Return of deposit2  

Constituency candidates

You must return the deposit of any candidate who is not shown as standing nominated in the statement of persons nominated.3 The deposit must be returned to the person who made it or their personal representatives as soon as practicable after the statement of persons nominated has been published or after the candidate’s death (as appropriate).4

Individual regional candidates

If you are also the RRO, you must return the deposit of any individual regional candidate who is not shown as standing nominated in the statement of persons and parties nominated.5 The deposit must be returned to the person who made it or their personal representatives as soon as practicable after the statement of persons and parties nominated has been published.6

Party nominations

If you are also the RRO, you must return the deposit of any party who is not shown as standing nominated in the statement of persons and parties nominated.7 The deposit must be returned to the person who made it or their personal representatives as soon as practicable after the statement of persons and parties nominated has been published.8

Uncontested election

Constituency contest

The election is uncontested if either:

• only one valid nomination is received
• or all valid nominations are properly withdrawn by the deadline except one

If the election is uncontested, you must, as soon as practicable, publish the statement of persons nominated. This must include a statement declaring the one validly nominated candidate elected.9

You must (if you are not also the RRO) then notify the RRO who has been elected and what party if any they belong to. You must also complete a certificate in the prescribed form and deliver it to the Clerk of the Scottish Parliament.10

Regional contest

The election is uncontested if either:

• the number of candidates standing for the regional contest (whether on a party list or as individual regional candidates) is the same or less than the
• number of seats for that region
• where all of the candidates shown on the statement of persons and parties nominated are on the regional list of the same party

In these circumstances the RRO should (once they have received the notification regarding the declaration of result for constituency members) allocate the regional seats in accordance with the rules.11

Translation and formats of notices

You must ensure that notices are translated or provided in another format if appropriate.1  

You may produce them:

• in Braille 
• in languages other than English 
• using graphical representations
• in audio format 
• using any other means of making information accessible 

The ballot papers cannot be produced in any language other than English or any other format.

The enlarged copy of the ballot papers to be displayed in polling stations must have the instructions for voters printed at the top of the papers, and these words may be translated into languages other than English.2

Ensuring information on notices is accessible

You should ensure that any information about the polls, including the notices of election and notices of poll are:

• easily accessible to all voters
• available in an accessible format
• available in time for voters to cast their vote

Information can be made available through the local council website.

The information provided on your website should be accessible to all voters. You could also speak to your council’s Equalities officer for advice or web team for advice on how to do this.

If you are providing information in PDF format, you should be aware that if certain steps are not followed when creating PDFs they may not be compatible with screen readers or other assistive technologies.

The UK Government has produced a guide to producing accessible PDFs you can refer to.

You must publish notices by posting them in a conspicuous place within the relevant electoral area. This should include council offices, noticeboards, libraries and other public buildings. You may also give notices in any other manner you think fit.1

You should apply robust proof-checking processes to help: 

• detect any errors
• avoid any potential data breaches before they occur

For more information on proof checking processes see our guidance on quality assurance and you can find a quality assurance checklist on the resource page. 

Data protection considerations for election notices

As the data controller you will need to consider whether it is appropriate or necessary for the notices to remain published, on your website or elsewhere, beyond the expiry of the petition period for that election.

For example, where the notices serve specific purposes, i.e. advising who will be a candidate at the election, once the election is over, and the opportunity to question that election has passed, they serve no further purpose.

Once the petition deadline for the election has passed, you should either remove the notices, or remove the personal data contained in the notices.

Data protection legislation does permit personal data to be stored for longer periods, subject to the implementation of appropriate safeguards, if the data will be processed:

• solely for archiving purposes in the public interest, or 
• for scientific, historical, or statistical purposes

For notices of election results, for example, you should retain these on your website as they are for public interest and historical and statistical purposes.

For more information see our guidance on data protection considerations.

You are required to publish a statement of persons nominated for the constituency contest. If you are also the RRO, you are required to publish a statement of parties and persons nominated for the regional contest.

The statements must be printed in conspicuous characters and displayed inside and outside every polling station.1

You should have robust proof-checking processes in place to ensure that there are no errors on the statement(s).

Constituency contest 

If there are no objections to nomination papers, you must publish a statement of persons nominated by no later than 5pm, 23 working days before the poll.2 If there are objections, it must be published by 4pm on the day after the last day for nominations.3

The statement must show for all candidates who are validly nominated:4

• their name 
• their chosen description (if any)

It must also include those who no longer stand nominated and the reason why (i.e. those who have withdrawn or whose nomination you have rejected).

Your privacy notice should make clear that you are required under electoral legislation to publish a candidate’s name in the statement of persons nominated.

The names of the candidates on the statement must be listed in alphabetical order of their surname; this is also how they will appear on the ballot paper.5

If there are two or more candidates with the same surname, the alphabetical order of the other names will decide which candidate is listed first.6

Where a candidate has requested the use of a commonly used name on their nomination paper, the commonly used name must be shown on the statement instead of the actual name.7

Where a candidate has requested the use of a commonly used surname, the candidate’s alphabetical position on the statement of persons nominated (and on the ballot paper) must be made by reference to their commonly used surname.8

If, however, you have rejected the use of any commonly used name as you think it is likely to mislead or confuse electors, or is obscene or offensive, the actual name must, by law, be published on the statement of persons nominated instead of the commonly used name.9

The statement of persons nominated must include the notice of poll if the constituency contest is contested.10

You must send the Commission a copy of the statement of persons nominated and also, where you have received a certificate of authorisation for a candidate, a copy of that certificate.11 Copies should be emailed to [email protected]

Regional contest 

If you are also the RRO, and if there are no objections to nominations, you must publish a statement of persons and parties nominated for the region by no later than 5pm, 23 working days before the poll.12 If there are objections, it must be published by 4pm on the day after the last day for nominations.13

The statement of persons and parties nominated must include:14

• the name and chosen description (if any) of each registered party which has been nominated, together with the names of the candidates on that party’s list in the order that they appear on the party list
• the names and description (if any) of any persons who have been nominated as individual regional candidates
• in the case of those persons (whether individual regional candidates or candidates on a party list) or parties who no longer stand nominated, the reason why they no longer stand nominated

Your privacy notice should make clear that you are required under electoral legislation to publish a candidate’s name in the statement of persons nominated. For more information more about the data protection considerations of a privacy notice in see our guidance on data protection.

The names of the parties on the statement must be listed in alphabetical order followed by the names of the individual regional candidates who must be listed in alphabetical order of their surname; this is also how they will appear on the ballot paper.15

The names of each candidate on a party’s list must be listed on the statement in the order they appear on the party list.

If there are two or more individual regional candidates with the same surname, the alphabetical order of the other names will decide which candidate is listed first.16

If an individual regional candidate or party list candidate has requested the use of a commonly used name on their nomination paper, the commonly used name must be shown on the statement instead of the actual name.

Where an individual regional candidate has requested the use of a commonly used surname, the candidate’s alphabetical position on the statement of persons and parties nominated and on the ballot paper must be made by reference to their commonly used surname.17

If, however, you have rejected the use of any commonly used name as you think it is likely to mislead or confuse electors, or is obscene or offensive, the actual name must, by law, be published on the statement of persons and parties nominated instead of the commonly used name.18

The statement of persons and parties nominated must also include the notice of poll if the regional contest is contested.19

As RRO, you must send the Commission a copy of the statement of persons and parties nominated. The copy should be emailed to [email protected]

If the constituency contest is contested you must publish a notice of poll for the constituency, stating the day and hours fixed for the poll and any such further information about the contest as you see fit.1

The notice of poll must be included with the constituency statement of persons nominated, which must be published by no later than 5pm, 23 working days before the poll.2 If there are objections, it must be published by 4pm on the day after the last day for nominations.3

If you are also the RRO and the regional contest is contested you must publish a notice of poll for the region, stating the day and hours fixed for the poll and any such further information about the contest as you see fit.

The notice of poll must be included with the regional statement of persons and parties nominated, which must be published by no later than 5pm, 23 working days before the poll.4 If there are objections, it must be published by 4pm on the day after the last day for nominations.5

You should give a copy of the statement and the notice of poll to candidates and election agents as soon as practicable after their publication. You should also be prepared to give copies to any accredited observers on request.

You must publish a notice of situation of polling stations for your constituency. In each case, the notice of the situation of polling stations must set out:1  

• the situation of each polling station
• the description of voters entitled to vote there

The notice may be combined with the constituency statement of persons nominated and notice of poll.

The notice must be given no later than the time of the publication of the constituency statement of persons nominated and notice of poll. This means that if there are no objections to nomination papers, it must be published by no later than 5pm, 23 working days before the poll.2 If there are objections, it must be published by 4pm on the day after the last day for nominations.3

You should have robust proof-checking processes in place to ensure that there are no errors on the notice of situation of polling stations.

You must send a copy of the notice of situation of polling stations and descriptions of voters entitled to vote there to all election agents as soon as practicable after publishing the notice.4

You should also send a copy of the notice to all candidates and agents and also be prepared to make these notices available to any accredited observers on request. 

The impact of the death of a candidate on a Scottish Parliament election depends on whether the candidate was standing on behalf of a party and whether they were a candidate for a constituency or regional contest.

It is the time when you are notified of proof of the death that is important, not the actual time of death.

Proof of death is not defined. You should be satisfied with any information that you have received to indicate that the death has occurred.

Death of an independent constituency candidate

If an independent constituency candidate1 (i.e. a candidate using the description Independent or without a description) dies generally the contest will continue as normal.

If the deceased candidate receives the most votes then you must in these circumstances:2

• declare that the majority or greatest number of votes has been given to the deceased candidate
• declare that no person is returned
• give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers

You must also publish a new notice of election 7 days after the original polling day.3

All of the existing candidates will remain nominated for the new election, and forfeiture or return of the deposit is determined by the re-run election result. No new nominations are allowed for the re-run election although candidates may withdraw. The statement of persons nominated must be published as soon as possible after the deadline for withdrawals.4

Where the independent candidate who died did not receive the most votes at the original poll, the candidate who did is declared the winner and the contest is not affected. If the candidate who died was joint first with the same number of votes as any other candidate, the other candidate will be declared the winner.5

However, if proof of the death is given before the result is declared and if only two persons are shown on the statement of persons nominated, the notice of poll must be countermanded if the poll has not begun or the poll abandoned if it has begun.6 The contest must be treated as an uncontested election and the remaining candidate is elected.7

In all circumstances, the deposit of the deceased candidate must be returned.8 For more information see our guidance on return of deposits.

Death of a constituency candidate standing for a party

If a candidate standing in a constituency on behalf of a party or parties has died before the declaration of the result, the election must be stopped.9  

If the poll has not yet commenced, the notice of poll should be countermanded. If the poll is underway or the counting is being undertaken, the constituency poll is abandoned. The election will need to be re-run.10

You must publish a new notice of election 7 days after you received proof of the death.11 If this is a dies non, the notice should be published on the next working day.

Candidates who were validly nominated for the first contest, except the candidate who has died, will remain validly nominated unless they withdraw by the deadline for withdrawals. Any candidate may withdraw from the re-run contest by the deadline for withdrawals.

No new nominations are allowed for the re-run contest except that of the party whose candidate has died may nominate a candidate to replace them.12 The new candidate must submit a set of nomination papers, and the party must submit a new certificate of authorisation permitting that candidate to stand on their behalf.

A party wishing to put forward a candidate to replace their candidate who died must do so by the close of nominations, which is 4pm, 7 working days after the new notice of election is published.13

Impact of the death of a constituency candidate standing on behalf of a party on the regional contest

You must notify the RRO (if you are not also the RRO) immediately if a constituency contest is countermanded or abandoned due to the death of a party candidate, or where a deceased independent constituency candidate has received the most votes.14

Where the RRO receives such a notification, they will proceed with the allocation of regional members as normal but exclude the affected constituency result from the calculation. The regional votes from that constituency will, however, be included in the regional figure for each party and individual regional candidate.

The re-run constituency contest will have no impact on the allocation of regional seats and will not affect the validity of the regional members who have been returned to the Scottish Parliament.

New constituency contest

You must publish a new notice of election.15 The new polling day must be between 21 and 28 working days after the new notice of election has been published.16

The timetable will then run as normal, except that the deadline for withdrawals and for the nomination of a replacement for the deceased party constituency candidate shall be 4pm, 7 working days after the new notice of election is published.17

If a candidate on a regional party list or any individual regional candidate dies but the regional poll remains contested, the contest will continue as normal.1 The RRO must take reasonable steps to publicise the name of the candidate, the fact of their death, whether they were an individual regional candidate or a party list candidate and, if they were standing on behalf of a registered party, the name of the party.2

The RRO should publicise the death by placing notices outside the polling stations in the electoral region.

If you receive proof and are satisfied before the result is announced that a candidate on a regional list or an individual regional candidate has died and as a result the regional poll has become uncontested the regional contest must be stopped.3 If this happens before polling begins, you must countermand the notice of poll.4 If the poll is underway or the counting is being undertaken, the regional poll or the count must be abandoned.5 In either case, the RRO must immediately notify all CROs in the region of the action that they have taken.6 After the close of the constituency polls, the RRO will declare the remaining candidates to be elected unopposed as regional members.

This section of guidance covers the appointment of election agents, the requirement to give public notice of the appointment of elections agents and how an appointment can be revoked.

You will also find guidance on the appointment of agents to attend postal vote openings, polling stations, and the verification and count, and information on the secrecy and conduct requirements for attendance at these key electoral events.

An election agent is the person responsible for the proper management of the candidate’s or parties’ election campaigns and, in particular for its financial management.

Constituency and individual regional candidates

Each constituency and individual regional candidate must have an election agent.1

The notice of the appointment of an election agent, including the office address, must be made in writing and be delivered to you, as CRO or RRO as appropriate by the latest time for the delivery of nominations, which is 4pm, 23 working days before the poll.

The declaration should be signed by the candidate (or a person making the declaration on the candidate’s behalf) and it must be signed by the agent to show their acceptance of the appointment.

A request may be included in the declaration that the election agent’s home address is not published on the notice of election agent and a correspondence address is published instead.2

We have produced an election agent notification form as part of the nomination papers for individual candidates.

You can find the nomination papers for individual candidates in the agents section of our resources page.

Constituency candidates and individual regional candidates may name themselves as their election agent.

Only one election agent can be appointed for each constituency or individual regional candidate. In the case of a constituency or individual regional candidate, if you are not notified of the name of an agent by the last time for the delivery of nominations, or if the election agent appointed dies or has their appointment revoked, the candidate automatically becomes their own election agent.

Regional party list

Each party submitting a party list must have an election agent.3 The candidate whose name appears highest on the party list must make the declaration of appointment and should sign the declaration. The declaration must be signed by the agent to show their acceptance of the appointment.

A request may be included in the declaration that the election agent’s home address is not published on the notice of election agent and a correspondence address is published instead.4

The notice of the appointment of election agent, including the office address, must be delivered to the RRO, by the latest time for the delivery of nominations, which is 4pm, 23 working days before the poll.

We have produced a form for the notification of the appointment of an election agent. These are included as part of the set of nomination papers we have produced for the regional contest.

You can find the nomination papers for the regional contest in the agents section of our resources page.

A candidate on a party’s list can be appointed as the election agent for that party list.

Only one election agent can be appointed for a party list. In the case of a party submitting a regional list if you are not notified of the name of the agent by the last time for the delivery of nominations, or if the election agent appointed dies or has their appointment revoked, the candidate whose name appears highest on the list of candidates is deemed to be the election agent for that party list.

Election agent’s office address

Election agents must have an office to which all claims, notices, legal process and other documents may be sent.5 The office address must be a physical address – PO boxes or similar mailboxes cannot be used.

There are no restrictions on where the office should be located.

An election agent’s office address could be the local party office, an office especially set up for the election or their home address.

If the agent is using their home address as their office address, and has made a request for a correspondence address to be published on any public notice instead of their home address, only the correspondence address should be published.

In the case of a constituency or individual regional candidate where the CRO/RRO has not been notified of an election agent’s appointment and as a result the candidate is deemed to be the election agent the office address is deemed to be the address given on their nomination paper.

In the case of a party list where the RRO has not been notified of an election agent’s appointment and as a result the candidate whose name appears highest on a party list is deemed to be the election agent, the office address is deemed to be the address given on their nomination paper.

You must publish a notice setting out the election agent’s name and address for the candidates at the constituency election as soon as possible after you have been notified of the appointment.1

If you are also the RRO, you must publish a notice setting out the election agent’s name and address for any individual regional candidate or party (as appropriate) as soon as possible.2

In each case, the notice must be updated if any agent’s appointment is revoked, or an agent dies, with the new agent’s details published on the revised version.3

You could add any commonly used name in brackets, for completeness. However, there is no legal requirement to use both their full name and commonly used name, and you can decide on the approach to take. Whichever approach is followed, you should ensure that you apply it consistently for all candidates on the notices.

A request may be included in a declaration of election agent that the agent’s home address is not published on a notice of election agents and a correspondence address is to be published instead. If a request is made, you must publish an election agent’s correspondence address on the notice of election agents instead of a home address.4

If the agent’s declaration includes an office address that is the same as their home address, and a request has been made for a correspondence address to be published on any public notice instead of their home address, you should only publish the correspondence address.

If you are also the RRO, you must give notice to CROs in your region setting out the election agents’ details as soon as possible. As CRO, you should publish any such notice in your constituency.

Your privacy notice should make clear that you are required under electoral legislation to publish an election agent’s name and office address information in the notice of election agents. The notice serves a specific purpose, i.e. advising who will be a candidate’s election agent, so once the election is over, and the opportunity to question that the election has passed, they serve no further purpose. You should either remove the notice, or remove the personal data contained in the notice, once the petition deadline for the election has passed.

For more information see our guidance on data protection.

Individual candidates

Once an election agent has been appointed, they cannot resign from their role. Only the candidate may revoke the appointment. In this case, the candidate would need to appoint a new election agent or would become their own agent.1

If a constituency candidate or individual regional candidate is acting as their own election agent, irrespective of whether they became an agent as a result of not appointing one or because they had given written notice of their own appointment, they can also revoke their own appointment and appoint a new agent.

Where a candidate revokes the appointment of an election agent, constituency candidates must notify you in writing of any such changes, and individual regional candidates must notify the RRO in writing.2 A revised version of the notice of election agents must then be published. A candidate may revoke the appointment of an election agent at any time during the election period.

Party lists

Once an election agent has been appointed the agent cannot resign from their role. The appointment may only be revoked by or on behalf of the party and in respect of all candidates. In this case a new election agent would need to be appointed, or the candidate whose name appears highest on the party list would become the agent.

If the candidate whose name appears highest on the party’s list is acting as the election agent for that list, they can also revoke their own appointment and appoint a new agent. This is irrespective of whether they became an agent as a result of the party not having appointed one or because they had given written notice of their own appointment.

Wherever an appointment of an election agent is revoked they must notify the RRO in writing.3 The RRO must then publish a revised version the notice of election agents.

An election agent may appoint a sub-agent to act on their behalf in any part in of the constituency or region for which they are acting.1

A sub-agent can do anything that the election agent is entitled to do within the area to which they are appointed. However, sub-agents may only attend postal voting opening sessions and the calculation of the regional result where these are taking place within the area in which they have been appointed to act and they are acting in place of the election agent.

The election agent should ensure that the sub-agent is aware of the election and spending rules. Anything done by the sub-agent will be treated as if it had been done by the election agent.

By the second working day before the poll the election agent must declare in writing to the CRO or RRO as appropriate the name and address of any sub-agent and the part of the area in which they may act.2

Every sub-agent must have an office address. The office address must be included in the declaration notifying the relevant RO of the appointment of a sub-agent.3 The office must be a physical address to which any legal notices can be delivered – PO boxes or similar mailboxes cannot be used.

A request may be included in the declaration of sub-agent that their home address is not published on the notice of sub-agents and a correspondence address is published instead.4

A sub-agent’s office address could be the local party office, an office set up for the election or their home address.

If the sub-agent is using their home address as their office address and has made a request for a correspondence address to be published on any public notice instead of their home address, only the correspondence address should be published.

You should include forms for the notification of appointment of sub-agents in your nomination packs.

You can find nominations packs in the agents section of our resource page.

The election agent can revoke the appointment of a sub-agent at any time. If a sub-agent dies or has their appointment revoked the election agent may appoint a new-sub agent by declaring in writing the name, address, office address and area of appointment of the new sub-agent to the CRO or RRO (as appropriate).

Once the name, and office address and area of appointment of a sub-agent have been declared, the CRO or RRO (as appropriate) must give public notice of these details.5 In the case of the regional election, if you are also the RRO, you must give notice to CROs in your region setting out the sub-agents’ details as soon as possible. As CRO, you should publish any such notice locally.6

Polling and counting agents

Constituency candidates, individual regional candidates, their election agents and the election agent of each party standing nominated at the Scottish Parliament regional election can appoint agents to observe the poll and the verification and count.1

Postal vote agents

Constituency candidates, individual regional candidates and the election agent of each party standing nominated at the Scottish Parliament regional election can appoint agents to observe the postal vote opening.2

Requirement of secrecy

You as are responsible for receiving the notifications of appointment of these agents and you must ensure that all appointed agents are given a copy of the relevant secrecy requirements for opening of postal votes, the poll and the count.3

You can find secrecy requirements in the agents section of our resource page.

You should ensure that candidates and agents are reminded of the procedure for appointing such agents and the deadline that applies for the notification of such appointments.

Postal voting agents are permitted by law to observe the opening of the postal voters’ ballot box, the opening of returned postal votes and the checking of signatures and dates of birth provided on returned postal voting statements.1

You must give constituency candidates, individual regional candidates and the election agent for each party standing nominated at the Scottish Parliament regional election at least 48 hours’ notice of the time and place of any postal vote opening session and the number of agents that may be appointed to attend each opening.2

You are permitted by law to limit the number of postal voting agents appointed. The maximum number that may be appointed by each candidate and party must be the same and must not be less than one per candidate.3

You must be given written notice of the name and address of any postal voting agents before the start of any particular session that the agents are seeking to attend.4

We have developed a form for the notification of appointment of a postal voting agent.

You can find the notification of appointment of a postal voting agent form in the agent section of our resource page.

Secrecy and conduct requirements

Ballot papers will be kept face down throughout a postal vote opening session.

You must supply all postal voting agents with the requirements of secrecy for the opening of postal votes.5

You can find secrecy requirements in the agents section of our resource page.

The key points are that:

• anyone attending an opening session must not attempt  to see how individual ballot papers have been marked or keep a tally of how ballot papers have been marked
• anyone attending a postal vote opening must not attempt to look at identifying numbers or marks on ballot papers, disclose how any particular ballot paper has been marked or pass on any such information gained from the session
• anyone found guilty of breaching these requirements can face an unlimited fine, or may be imprisoned for up to six months

Polling agents are entitled by law to access polling stations for the purpose of detecting personation. They can also observe the procedures to be followed inside a polling station.

You must be notified in writing of any polling agents that have been appointed by not later than five working days before the poll for their appointment to be in force for the poll.1 We have produced a template form for the notification of appointment of a polling agent.

You can find the notification of appointment of a polling agent form in the agent section of our resource page.

A polling agent can be appointed to a particular polling station or stations, or to all polling stations within the constituency. The same polling agents may be appointed to attend more than one polling station.

Limiting the number of agents in attendance

There is no limit on the number of polling agents that may be appointed at a Scottish Parliament election.

There is no restriction on the number of polling agents that may attend a polling station. However only one polling agent for each candidate or party list may be admitted to a polling station at any particular time.2

Secrecy and conduct requirements

Anyone attending a polling station has a duty to maintain the secrecy of the ballot. All polling agents must be supplied with the following requirements of secrecy for the poll.3

You can find secrecy requirements in the agents section of our resource page.

In particular, the following information must not be disclosed:

• the name or electoral number of who has or has not voted
• the ballot paper number or other unique identifying number on the ballot paper

Anyone attending a polling station must also not try to ascertain how a voter has voted or who they are about to vote for.

A polling agent can mark off on their copy of the register of electors those voters who have applied for ballot papers. If the polling agent leaves the polling station during the hours of polling, they will need to leave the marked copy of the register in the polling station to ensure that secrecy requirements are not breached. Any person found guilty of breaching the secrecy requirements can face an unlimited fine, or may be imprisoned for up to six months.

Polling agents’ seals cannot be attached to ballot boxes at the start of, or during the poll.

While a polling agent can observe the poll, they do not have to present in a polling station for polling and related procedures to take place.

Counting agents can be appointed to observe the verification and counting processes relating to the contest for which they have been appointed. You must give appointed counting agents notice in writing of the time and place at which the verification and count will begin.1

You must be notified in writing of the appointment of counting agents by not later than five working days before the poll for their appointment to be in force for the verification and count.2 We have produced a template form for the notification of appointment of a counting agent for use at Scottish Parliament elections.

You can find the notification of appointment of a counting agent form in the agent section of our resource page.

Limiting the number of agents in attendance

You are permitted by law to limit the number of counting agents appointed.3 The number that may be appointed by each constituency candidate must be the same , and the number that may be appointed by each individual regional candidate and by the election agent of each of the parties standing nominated at the regional contest must be the same.4

Unless there are special circumstances, the number must not be less than the number obtained by dividing the number of counting assistants (i.e. those staff counting the ballot papers) by the number of candidates in the case of the constituency election and by the total number of individual regional candidates and parties standing nominated in the case of the regional election.5

When determining the maximum number of counting agents, each candidate and agent should, as far as possible, be permitted to appoint sufficient numbers of counting agents to enable full and proper scrutiny of the verification and count processes. You should, however, consider any health and safety implications, including fire regulations for the verification and count venue, when deciding on maximum numbers of counting agents.

When determining the maximum number of counting agents you should also bear in mind that the counting agents for all polls being verified are entitled to attend the verification  stage of the count.

For more information see our guidance on attendance at the verification and count.

Secrecy and conduct requirements

Anyone attending the count has a duty to maintain the secrecy of the count. All counting agents must be supplied with the following requirements of secrecy for the count.6

You can find secrecy requirements in the agents section of our resource page.

In particular, anyone attending must not:

• ascertain or attempt to ascertain the ballot paper number or other unique identifying number on the back of any ballot paper
• communicate any information obtained at the count as to the candidate for whom any vote is given on any particular ballot paper

Calculation of the regional result and the allocation of seats

The election agent for individual regional candidates and party lists may attend the allocation of regional seats. A person attending in place of the election agent may also attend (which could be a sub-agent or a counting agent).

For more information on who is permitted to attend the calculation of the regional result and the allocation of seats, see our guidance on attendance at the verification and count.

The effective management of the absent voting process is essential to ensure that absent voting is accessible and that electors are able to exercise their vote as they have requested.

This section includes guidance on the absent voting timetable, the key deadlines for the process and how and when electors can make changes to their existing absent voting arrangements ahead of an election. It also covers arrangements that should be put in place for proxy voting, and guidance for the issuing of postal votes, including how to quality assure the process.

You will also find guidance on the processes that must be followed on the receipt of postal votes. It includes information on the postal vote opening process, who can attend postal vote opening sessions and the records you must keep as part of the process.

You must issue postal votes to electors as soon as is practicable.1 In practice this means at any time after the details to be printed on the ballot papers have been confirmed, i.e. after the deadline for withdrawals, which is 4pm 23 working days before polling day.2

The Convenor of the EMB may direct or recommend when the first issue of postal votes is dispatched to electors.3

The early dispatch of postal votes will maximise the time available for electors – especially for those that need to be sent overseas and for service voters – to receive, complete and return their postal vote. For more information see our guidance on issuing and distributing postal votes. 

You may only issue a postal vote to someone who has already been added to the register. The ERO is required to publish two interim election notices of alteration before publishing the final election notice of alteration on the fifth working day before the poll.4 This supports the dispatch of postal votes at an early stage in the timetable to those electors who have applied to register close to the registration deadline. For more information see our guidance for EROs on election notices of alteration.  

The ERO will produce the postal voters list and the proxy voters list, and you will need these lists as soon as possible after the publication of the first interim election notice of alteration to include these electors in the initial dispatch of postal votes. This notice must be published on the day of the deadline for nominations.5

You will also need to liaise with the ERO to obtain any subsequent updates once the second interim election notice of alteration and the final election notice of alteration have been published.

For more information on interim notices of alteration see our guidance for EROs. 

Our template election timetable for Scottish Parliament elections also includes the relevant publication dates for these notices. 

You can find the template election timetable in the absent voting section of our resource page.

Deadlines for absent voting applications and requests to change existing arrangements

The deadline for new postal and postal proxy applications is 5pm, 11 working days before polling day.6 This is also the deadline:

• to cancel existing postal votes
• for electors to make changes (i.e. amending delivery address) to existing absent vote (i.e. postal proxy and postal proxy) arrangements. 

If, however, an elector is a postal voter and has already returned their postal ballot paper(s), they cannot make changes after that time, even if this is before 5pm 11 working days before polling day.7

The deadline for new proxy applications (not postal proxy), excluding emergency proxy applications, is 5pm, 6 working days before polling day.8

The deadline for emergency proxy applications is 5pm on polling day.9 For more information see our guidance on voting by emergency proxy.

The ERO will provide you with the final lists of absent voters, i.e. the list of postal voters, the list of postal proxy voters and the list of proxies, after the deadline for applications has passed. 

Where a completed registration application is made by the deadline but the applicant’s identity cannot be verified against DWP records or through local data matching, the ERO has until the determination deadline, which is 6 working days before the poll, to receive the required evidence from the applicant under the exceptions process and make a determination.

An absent vote cannot be granted until the registration application has been positively determined. The postal vote will then need to be dispatched, and the voter will need to receive, complete and return their postal vote by 10pm on polling day. 

The deadline for making changes to existing absent voting arrangements or cancelling an absent vote is 5pm, 11 working days before the poll. 

A person who is sent their postal vote early in the election timetable may receive it before these dates but subsequently decide they no longer wish to vote by post. They are still able to make changes to their absent voting arrangements to take effect at the election as long as their request is received by the deadline for either changes or cancellations and they have not yet returned their postal ballot paper. You will need to have a system in place that will allow you to promptly identify if a postal ballot paper has already been returned. 

An elector who has already returned their completed postal ballot paper(s) can still make a request to make changes to their absent vote arrangement but these changes will not take place until any future poll.

The exception to this is where the ballot paper has been returned as spoilt or lost before the deadline has passed.1 If the ballot paper has been returned as spoilt or lost before the deadline for changes has passed, then the elector may still make changes to the absent vote arrangements for the poll at which the ballot paper was issued.

This is also the case for an elector voting by proxy, where their proxy has a postal vote and has already voted on behalf of the elector by returning their completed postal vote.2

It is the return of any postal ballot paper that is relevant in determining whether or not an elector can make changes to their postal voting arrangements to take effect at the elections.

The ERO will administer the changes to any absent vote arrangements, and they must notify you in time to take effect at the election, whenever they have granted:3

• a postal vote cancellation
• a change from postal to proxy
• a change from proxy to postal
• an application for a postal ballot paper to be sent to a different address
• a cancellation of a proxy appointment

You should let the ERO know when postal ballot papers will be dispatched and the final deadline for cancellations and changes, and liaise with them to decide how any requests for changes to absent voting arrangements and information on returned postal ballot papers will be exchanged, so that:

• the ERO can check if a postal ballot paper has been returned
• the ERO knows whether or not they can allow a request for changes to absent voting arrangements to take effect for the election
• you can cancel the postal ballot paper(s) if the request has been allowed

You will need to retrieve any ballot papers that have been received before the absent vote deadline and subsequently cancelled by the elector. For more information see our guidance on the retrieval of cancelled postal votes.

The ERO will, as soon as practicable, provide you with a list of all electors who have, by 5pm, 6 working days before polling day, appointed a proxy to vote on their behalf.1 You must supply Presiding Officers with the relevant parts of the list of proxies and the list of postal proxies.2  

Electors with an in-person proxy vote in place are marked with a P in the polling station register. However, the polling station register must be marked with an A against the name of an elector whose proxy has applied to vote by post as they can no longer vote in the polling station.3 A separate list will contain the detail of postal proxies.

Restrictions on proxy voting

A person may not have more than one proxy at any time.4

A person is not entitled to vote as proxy at the same Scottish Parliament election in any particular constituency on behalf of more than two electors who are not close relatives.5   

A person can act as proxy for any number of close relatives. A close relative is defined for these purposes as spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.6

A proxy would be committing an offence if they voted on behalf of more than two electors who are not close relatives in any particular constituency at the same Scottish Parliament election.

For more information see our guidance for EROs on qualifications for acting as a proxy. 

An elector may appoint an emergency proxy to vote on their behalf in certain circumstances. Those circumstances are outlined in the table below:1

You should liaise with the ERO to agree with them a method for communicating any additions to the list of proxies that result from the granting of emergency proxy applications.

Whenever an emergency proxy has been appointed, every effort should be made to contact the appropriate polling station staff to inform them of this, including by phone, particularly as there is no requirement in law for the proxy to provide any documentation in order to be permitted to vote.

Wherever possible, however, the ERO should provide the proxy of any voter whose application has been accepted a letter authorising them to act as a proxy, which should include the details of the election and the person on whose behalf they are voting. The ERO should advise the proxy to take that authorisation letter with them when they go to vote and hand it to the polling station staff. If such a letter is provided at the polling station, polling station staff should mark it to show that the proxy has been issued with ballot papers and the marked letter should be retained with the list of proxies. 

The ERO should also, where possible, provide a supplementary list of proxies which can be issued to the relevant polling station and added to the list originally supplied.

The agreed method for communicating additions to the list of proxies on polling day should be covered at the training session for polling station staff. For more information see our guidance on staffing and training. 

You could ask polling station inspectors to liaise with the electoral registration office regarding emergency proxy applications granted on polling day and should advise them of procedures to be followed.

For more information see our guidance for EROs on emergency proxies.

As part of your planning for the delivery of key processes, you will have made decisions on the process for issuing postal votes and how you will distribute these. 

This section includes further guidance relating to the issue and delivery of postal votes, including re-issuing and cancelling postal vote packs, as well as guidance to quality assure the process

Who must be sent a postal vote?

You must send a postal vote to:1

• any elector who appears on the postal voters’ list for the election 
• any proxy who appears on the postal proxy voters list for the election

Timing of the issuing of postal votes

Postal votes must be issued as soon as practicable after the deadline for the delivery of nomination papers.2

You should put arrangements in place to ensure that electors receive their postal ballot papers as soon as possible and prioritise any postal votes that may need to be sent overseas in order to maximise the time that postal voters have to receive, complete and return their postal vote.

The Convener of the EMB may direct or recommend when the first issue of postal votes should be handed over by the printer for dispatch. 

Existing elector with existing postal voting arrangements

Once the deadline for withdrawals has passed, postal ballot papers should be issued to existing electors who have already successfully applied for a postal vote.

Existing electors who make new postal applications

You should liaise with the ERO to ensure you obtain the information on any electors who have applied for a postal vote as soon as possible.

New electors who made postal vote applications alongside their registration application

The ERO must publish two interim election notices of alteration before publishing the final election notice of alteration 5 working days before the poll.3 This supports the dispatch of postal votes at an early stage in the timetable to those electors who have applied to register close to the registration deadline, as you are only able to issue a postal vote to someone who has already been added to the register.

For more information see our guidance for EROs on interim notices of alteration.

Our election timetable for a Scottish Parliament election also includes the relevant publication dates.

You can find the election timetable in the absent voting section of our resource page.

The processes to be followed when issuing postal ballot packs are provided for in legislation.1

Corresponding number list

You must produce a corresponding number list (CNL) to be used at postal vote issuing sessions.

The CNL is prescribed and must contain the ballot paper number and unique identifying number of all ballot papers to be issued to that elector.2

When the ballot paper is issued to that elector, the elector number must be marked on the CNL beside the ballot paper number and unique identifying number.3

New lists and associated packets are therefore required at every issue. The list could be printed single-sided and cut at the point where the last ballot paper was issued at any particular issue of postal ballot packs. The remaining CNL can then be used at any further issuing sessions and for the issue of replacement postal ballot papers.

The CNL relating to the ballot papers that have been issued must be sealed in a packet as soon as practicable after each issue of postal ballot packs, this can only be opened and inspected by the order of a court.4  

The postal ballot pack

The numbers of the postal ballot papers must be included on the postal voting statement to be sent with the ballot papers.5

The address to which the postal ballot pack should be sent is the address shown in the relevant postal voters’ list. In the case of a proxy voting by post, this is the address shown in the proxy postal voters list. In the case of an anonymous elector, the address can be found in the records of granted applications.6

For more information on the content required for the postal ballot pack, see our guidance on the production of postal voting stationery.  

Marking the polling station registers

To indicate that an elector is entitled to vote by post and must not be given ordinary ballot papers at a polling station, the polling station register must be marked with an A using the information contained in the postal voters’ list and the proxy postal voters’ list.7

A mark must be placed in the postal voters list (or the postal proxy voters list as the case may be) to show that a postal ballot pack has been issued.

You should maintain a clear audit trail of the issue of postal ballot packs. As part of this, you should ensure that the number of postal votes issued is accurately recorded at the end of each issuing session and when issuing replacement postal ballot packs. These numbers will be required for the completion of the statement as to postal ballot papers.

You are required to complete a statement including the details as to the postal ballot papers for the constituency and the regional contests.

This table summarises the issuing process:

Who can attend the postal vote issuing process? 

In addition to you and your staff, Commission representatives and accredited observers are entitled to attend the issuing process.8

If you have outsourced the postal vote issuing process, you should ensure that these people are able to access the premises of the company conducting the issue. 

Anyone attending a postal vote issue session, including your staff, must be provided with a copy of the relevant secrecy provisions.9

You can find the postal voting secrecy requirements in the absent voting section of our resource page.

Postal ballot packs sent to anonymously registered electors must be sent in an envelope or covering that does not disclose that the elector is registered anonymously.1  

You should send postal ballot packs to anonymously registered electors in a plain outgoing envelope. The postal voting statement must also omit the elector’s name.2  

As part of your preparations for the issue of postal votes, you should agree with your printers a process that will enable you to do this. 

The ERO's records of granted applications will include the address to which the anonymous elector has requested that their postal vote should be sent.

Postal ballot packs that are to be sent overseas should be prioritised in order to allow as much time as possible for the ballot pack to reach the elector and to be completed and returned. As part of your preparations for the issue of postal votes, you should agree with your printers a process that will enable you to do this. 

Postal votes going overseas should be sent via air mail (or by the British Forces Post Office for relevant service voters) in order to allow the maximum possible time for postal votes to be received, completed and returned. Postal ballot packs to be sent overseas should be sorted and identified to the mail service provider so that they can be sent via the appropriate mail service.

You should liaise with Royal Mail about the cost of postage for sending items overseas and ensure that the correct postage is included on all outgoing postal ballot packs. 

You must include an envelope to facilitate the return of the postal ballot pack, but for items sent overseas the envelope should not include UK return postage as this will not be sufficient for the return of the postal ballot pack to the UK and could result in a delay to the return of the completed postal ballot pack.1 Instead, you should put in place arrangements with Royal Mail for an international business response licence to be used on all return envelopes included in postal ballot packs which are sent to overseas addresses to facilitate the timely return of completed postal packs from outside the UK. 

Where it may not be realistic for a postal ballot pack to be dispatched, completed and returned before the close of poll, the ERO should make the elector aware of this fact and advise the elector to appoint a proxy as an alternative. 

It is, of course, the choice of the elector as to which method of voting they prefer, but it is important that electors are fully advised of the circumstances surrounding their choice so that they can make an informed decision.

You are responsible for ensuring that the issuing of postal votes is carried out in accordance with the legislation, regardless of whether you have outsourced the process.

You should plan to quality-assure the end-to-end postal vote issuing process including:

• where outsourcing have a member of your staff observe the postal ballot packs being issued, with knowledge of the agreed specifications
• checking the correct details appear on the stationery and that packs are properly collated
• checking the packs at the start and end of polling districts
• carrying out random spot checks of at least two postal ballot packs per 250 within polling districts across your area and within each batch
• checking that packs being sent overseas contain an appropriate reply envelope
• keeping an audit trail of the checks and processes undertaken

You should pay particular attention to checking that:

• the ballot paper numbers on the reverse of ballot papers exactly match the ballot paper numbers given on the accompanying postal voting statement
• the name of the elector on the postal voting statement matches the name on the outgoing envelope
• all required items are in the outgoing envelope

You should work with your suppliers to ensure that your quality assurance processes are thorough but do not cause any unnecessary delay to the dispatch of the packs.  

If you have outsourced the issuing process, discussions to facilitate these checks should occur at the time the contract is negotiated and reflected in it.

Following the initial issue of postal ballot packs, subsequent issues of postal ballot packs will be required where electors have applied to vote by post close to the postal voting deadline, which is 5pm, 11 working days before polling day.1

Any subsequent issue is likely to be at an already busy time in the election timetable so it is important that you have the necessary arrangements in place to issue and deliver subsequent postal ballot packs as quickly and efficiently as possible.

You should ensure that:

• you have sufficient staff to manage the process, whether you are issuing postal votes in house or using an external provider
• your printer is aware of the timings of data transfers and where applicable dispatch of postal ballot packs
• you have processes in place to perform ongoing quality assurance monitoring of the production and delivery of your subsequent postal ballot pack issues

Special arrangements for ad hoc issues of postal ballot packs

You should put a mechanism in place to ensure that you are able to carry out unscheduled issues. 

For example, where you become aware that one or more electors are going to be on holiday or away on business by the time of the next scheduled issue of postal votes you should, as far as it is practicable, issue postal ballot packs outside of your scheduled issue to those individual electors.

You will need to put in place arrangements for the delivery of postal ballot packs. You have a choice of two methods:1

• by hand
• by post

Whichever method you choose, you should ensure that you have a detailed plan covering all actions required to achieve the successful delivery of postal ballot packs. For more information see our guidance on working with mail delivery partners.

The Convenor of the EMB may direct or recommend that arrangements be made for postal votes to be issued by first class post.2

As part of your integrity planning for the election, you should inform your police single point of contact (SPOC) of the date you will start dispatching postal ballot packs to electors. This will mark the date from which there is a higher risk of potential postal voting fraud and they should build this into their own planning. 

For more information see our guidance on maintaining the integrity of the election.

If you decide to deliver postal votes by hand, you should plan for how this will work in practice. You should appoint sufficient staff to ensure that postal ballot packs are received by postal voters as soon as possible to maximise the time they have to receive, complete and return their postal vote.

You should ensure that staff are aware of data protection considerations and should consider requiring staff to confirm in writing at the point of recruitment, that they will abide by your data protection policy.

You should also have in place a mechanism for monitoring the delivery of postal ballot packs, with a view to ensuring that they have been delivered across the whole of the constituency and to agreed timeframes. This may include requiring delivery staff to fill in log sheets, having supervisors carry out spot-checks, and monitoring any unusually low returns of completed postal ballots by polling districts.

Planning for ad-hoc deliveries by hand

There may be circumstances where you will need to issue postal votes by hand, even where the majority of your packs have been delivered by post, for example when replacing lost or spoilt postal ballot packs.

You should plan for how this will work in practice, including how you will ensure that such postal ballot packs can be printed and delivered at short notice.

For more information on managing the delivery of additional postal ballot packs close to the poll see our guidance on planning for the issue of postal votes.

You may choose to manage the supply of your postal vote packs to a delivery partner or have this managed by your print supplier. You may use Royal Mail or any other commercial delivery firm for the delivery of postal votes.1 For more information see our guidance on working with mail delivery partners. 

Options for delivery

If you are using Royal Mail to deliver your postal votes, you should put in place arrangements for the relevant licenses and Business Reply numbers as soon as possible and confirm that your proposed stationery meets their specifications in order to avoid any potential delays at the time when your postal ballot packs are due to be distributed to electors. If you are using a commercial delivery firm, you should make similar arrangements as appropriate. 

Your contingency planning should address how you would issue and receive any returned postal ballot packs if Royal Mail or the commercial delivery firm you have contracted are unable to deliver the postal ballot packs, for example, due to industrial action.

If you are using Royal Mail to deliver your postal votes, you should ensure that you have an up-to-date copy of Royal Mails' postal voting best practice guide on postal voting, Managing Postal Voting.

Quality assuring the dispatch process

You should make arrangements for the secure transfer of the postal ballot packs from your printer to Royal Mail or your chosen delivery firm. You should ensure that a clear procedure and audit trail is in place for transferring postal ballot packs. 

You must count the total number of outgoing envelopes and arrange delivery of the envelopes to your delivery contractor along with a receipt showing the total number of postal ballot packs in that batch. This receipt should be endorsed by Royal Mail or your delivery firm to acknowledge that they have received the batch prior to dispatch.  

If your printing supplier is dispatching materials to electors on your behalf, it is important that you continue to liaise with them once final sign-off of all printed and filled material is completed and it is ready for dispatch.

You should ensure that you get confirmation from your print supplier once dispatch has begun, confirmation of how many packs have been or will be dispatched per day and an update on how long it will take for the dispatch to be completed. 

You should ask your print supplier for a copy of the postal dockets for each dispatch for adding to your formal audit trail of the process. These dockets should detail the number of items dispatched per day, and confirm the postal services used. Photos/scanned images of the dockets will suffice for these purposes.

If you have agreed with your print supplier that downstream access (DSA) providers will be used as part of the dispatch and delivery process, you should get updates from your delivery contractor on the progress of the delivery throughout.

You should have in place a mechanism for monitoring the delivery of postal ballot packs, with a view to ensuring that they have been delivered across the whole of the constituency and to agreed timeframes.

All of the measures above will help to identify possible issues that may have arisen with regards to dispatch, feed into any subsequent evaluation of contractor performance, and enable you to provide information to voters on dates that they should expect to receive material through your social media channels and call centres as appropriate.

Quality assurance measures for monitoring delivery

If possible, you should have arrangements in place to track deliveries in order to assist with responding to any enquiries from electors regarding the delivery of their postal ballot pack. You should also ensure you monitor the level of queries from electors being received through all channels as this will help to highlight any issues being experienced with the delivery of materials in practice. 

You should monitor any unusually low returns of completed postal ballots by polling districts as that may be an indication of delivery issues.

You should also ensure that you have clear methods of communication to enable any issues or queries to be addressed quickly. You can find more information on quality assurance in our guidance on managing contractors. 

It is possible to re-issue postal ballot packs in the following circumstances:

• to replace a spoilt postal ballot paper/papers and/or postal voting statement1
• to replace a lost or not received postal ballot pack2  
• to correct a procedural error3

You will find guidance on the process to be followed for each type of re-issue in the following pages.

If a person spoils their postal ballot paper(s) and/or postal voting statement, it is possible for them to obtain a replacement postal ballot pack. Replacements can be issued up until 5pm on polling day.1  

All parts of the postal vote pack must be returned to you before a replacement can be issued, regardless of whether or not these have been spoilt.2 This includes:

• the spoilt postal ballot paper(s) or spoilt postal voting statement, along with the remaining ballot paper(s) or postal voting statement
• return envelope B
• ballot paper envelope A

A new postal ballot pack can then be issued to the elector.

The legislation requires that any returned spoilt ballot papers and postal voting statements must be cancelled and sealed in a packet for spoilt postal ballot papers, even if only one of them has actually been spoiled.3

In certain circumstances you can cancel a postal vote which is considered spoilt, even if it has been returned to the Constituency Returning Officers. In this case, the spoilt ballot paper and postal voting statement must be retrieved and sealed as described above.4

Up to 5pm on the day before polling day, an elector may return spoilt documents by hand or by post. If the request for a replacement postal ballot pack is made in person, the replacement postal vote may be issued and handed to the elector.

After 5pm on the day before polling day any return of spoilt documents and requests for replacement postal ballot packs must be made in person.5 In such cases, the issue of a replacement can also only be made by hand to the elector.

You must put in place systems to enable you to issue replacements up to 5pm on polling day. You will need to give this particular consideration if you have outsourced the issue of postal votes.

You should consider whether or not particular arrangements need to be put in place for disabled electors when making arrangements to re-issue spoilt ballot papers, as there may be some electors who are unable to attend the elections office due to disability.

Record keeping for spoilt ballot papers

The elector’s name and electoral number must be added to the list of spoilt postal ballot papers to show that the spoilt ballot postal vote has been cancelled.6 The name must not, however, be added if the elector is registered anonymously.7 The ballot paper numbers of the replacement ballot papers must also be added to the list. In the case of a postal proxy, the name and address of the proxy must be added to the list alongside the other details.8

For the purposes of collating data for the statement of postal ballot papers (Form V), you must also add the details of any spoilt ballot papers which have been cancelled to the list of all cancelled postal ballot papers. For more information see our guidance on record keeping for cancelled ballot papers. 

This table summarises the procedure for re-issuing spoilt postal votes:

Where a voter claims either to have lost or not to have received their postal ballot papers, postal voting statement or envelopes A and/or B, it is possible for a replacement postal ballot pack to be issued at any time up until 5pm on polling day.1

If the request for a replacement postal ballot pack is made between 5pm on the day before polling day and 5pm on polling day itself, the voter must apply in person and the issue of a replacement pack may only be made by hand.2

You must re-issue a postal ballot pack if you are satisfied as to the postal voter’s identity and have no reason to doubt that they have lost or did not receive their original postal ballot pack.3

To establish the postal voter’s identity, a proportionate approach should be adopted that seeks to use some proof of identity that can be easily verified by staff, but that is not too onerous for the elector. Legislation does not prescribe which forms of ID are required but you must be satisfied of the elector’s identity. For more information see our guidance on proof of identity recommendations for re-issuing postal votes. 

You should consider whether or not particular arrangements need to be put in place for those electors who are unable to attend the elections office in person, for example due to disability or being overseas. For example, you could consider accepting scanned copies of proof of identity listed in the next section via email, or utilising video-calling technology. 

If not all parts of the postal ballot pack have been lost or not received, the voter must return those documents that they do have.4 You are then required to immediately cancel those documents.5

Voters may contact your office to enquire about a replacement postal ballot pack if their postal vote has failed to arrive. If this is the case, your staff should advise about the procedure for re-issuing and explain what proof of identity they will be asked to produce before a replacement postal ballot pack will be issued.

Record keeping for lost/not received postal ballot papers6

Where you re-issue a postal vote due to it being lost or not received, you must add the elector's name and elector number to the list of lost postal ballot papers. The name must not, however, be added if the elector is registered anonymously. The ballot paper number of the replacement ballot papers must also be added to the list. In the case of a postal proxy, the name and address of the proxy must be added to the list alongside the other details.

For the purposes of collating data for the statement of postal ballot papers (Form V), you must also add the details of any lost ballot papers which have been cancelled to the list of all cancelled postal ballot papers.7 For more information see our guidance on record keeping for cancelled ballot papers.

The table summarises the procedure for re-issuing lost or not received postal votes:

You should consider what process you will follow to be satisfied as to the identity of an elector seeking to be issued with a replacement postal ballot pack, where the original has not been received. 

This section provides a set of recommendations regarding proof of identity. 

Recommendation 1 – Primary proofs of identity

One primary proof of identity should be provided before a replacement postal ballot pack is issued. This should be an official document that includes a photograph of the elector, together with the elector’s name. The two most secure examples are: 

• passport
• photocard driving licence

Other documents may be acceptable as primary proof, as long as they have a sealed photograph. Examples include: 

• Young Scot National Entitlement Card
• local bus pass
• student card issued by a recognised further or higher education body
• identity card issued by a recognised employer

Some electors may not be able to produce photographic identification. In these circumstances, it is recommended that they should be asked to provide two examples drawn from the list of secondary proofs as listed below.

Recommendation 2 – Secondary proofs of identity

If you still have any doubt about the identity of an elector requesting a replacement postal ballot pack, a secondary proof of identity could be sought. Also, if an elector cannot produce a primary proof of identity, two secondary proofs of identity could be requested.

Secondary proofs of identity include: 

• full driving licence (without photograph)
• council tax payment book or recent council tax bill
• council or social landlord rent book
• recent rent receipts or tenancy agreement
• allowance, benefits or pension book issued by the Department for Work and Pensions
• cheque book, cheque card or National Savings book
• recent bank or building society statement (not a store card statement)
• recent utility bill (two different ones are preferable; not a mobile phone bill)
• P45
• correspondence from a government department
• identity card issued by a member state of the European Union/European Economic Area, travel document issued by the Home Office, or certificate of naturalisation or registration
• letter (attested statement) from a responsible person such as a solicitor, doctor, minister of religion, magistrate, teacher, hostel manager, social worker, district nurse, midwife or other responsible person, which says that they know the elector and can confirm their name and address. You may wish to include the elector’s landlord or tenant in this category, and possibly stipulate that they are on the electoral register
• National Health Service medical card or National Insurance card
• birth, adoption, marriage, civil partnership, divorce or statutory declaration certificates (these should preferably have been issued within six months of the event to which they refer and not be replacements)

You should also consider the following points:

• for added security, originals, not photocopies, of the proof of identity should be produced where possible
• the evidence provided by the voter should show a clear link between the name on the identifying document and the current entry on the electoral register
• birth certificates are not absolute proof of identity and so the voter may be asked to provide additional evidence to allow their identity to be checked
• where utility bills or bank statements are provided, they should be recent (i.e. issued within the last three months)
• cheque, bank or credit cards should be checked against the voter’s signature
• before an attestation is sought, the voter should be advised that some signatories may charge a fee for the service
• you should state that proof of identity will not be retained and that the documents will be treated confidentially and originals will be returned

Data protection legislation does not set out any specific maximum periods for retention of personal data, but it states that personal data processed for any purpose shall not be kept for longer than is necessary for that purpose.1

If you have issued incorrect or incomplete postal ballot packs in error, you may be able to re-issue postal ballot packs using your powers to correct a procedural error.1

Depending on the circumstances, you will need to decide whether to re-issue some or all of the postal ballot packs. For example, if an error in collation affected a certain range of packs, only those packs would need to be re-issued.

Decisions about re-issuing as a result of a procedural error should be made on a case-by-case basis. In each case, consideration should be given to the impact that the error and any action to correct it could have on electors. For example, you will need to ensure that any action will rectify the error and not cause unnecessary confusion or result in a different error.

Any decision to take action to rectify a procedural error should be made following legal advice. You should document both the error and any corrective action taken in case there is a challenge to the election and a need to claim against insurance.

Whatever action is taken, you should ensure that any communications to those voters who are affected clearly explain the error and the steps that you are taking to remedy it. You should also notify parties, candidates and agents of the error and your intended corrective action as soon as possible. By being transparent about the problem and the solution you will minimise the risk of a loss of confidence in the administration of the election.

For more information see our guidance on breach of official duty and power to correct procedural errors. 

When considering using this power, you should contact the Commission’s Scotland office, who may be able to provide further tailored support to you. 

Record keeping for issuing after a procedural error

When a postal vote has been re-issued as a result of a procedural error, the original ballot paper(s) must be cancelled, added to the list of cancelled ballot papers and must not be allowed to go forward to the count.2

Postal ballot packs must be issued as soon as it is practicable to do so after the deadline for the delivery of nomination papers.

There may be circumstances after the deadline for the delivery of nominations where a person you have already sent postal ballot papers to subsequently applies to the ERO to cancel their postal vote, or make any changes to their absent voting arrangements, within time for the changes to be able to take effect at the election.

However, a postal ballot paper that has already been returned to the CRO cannot be cancelled. For more information see our ERO guidance on changing or cancelling postal votes at an election.

You will need to arrange with the relevant EROs how you will liaise with them, so that any applications for changes to absent voting arrangements can be communicated in a timely manner so that you know which ballot papers need to be cancelled.

Upon notification from the ERO, you must immediately cancel any postal ballot papers that have been issued to such an elector or postal proxy, and add the details of the cancelled ballot papers to the list kept for that purpose.1 For more information see our guidance on record keeping for cancelled postal votes.

You should consider how to manage the process of removal of those packs from any postal vote batches not yet dispatched from your printer. 

Where the change to the absent voting arrangements relates only to the address to which the ballot papers should be sent, you must, in addition to cancelling the original postal ballot papers, issue a replacement postal ballot pack to the new address.2

You must also cancel any spoilt or lost postal ballot papers you have had to replace.3  

For more information see our guidance on re-issuing spoilt postal votes and lost/not received postal votes.

You need to maintain an audit trail of all the cancellations, your software system can be used to log all cancellations to enable you to produce the required list of cancelled postal ballot papers and identify any postal ballot papers that have been cancelled but have been returned and so need to be retrieved.

You must record the details of all cancelled postal ballot papers on one list. You must also make separate lists for spoilt, lost and a list of cancelled postal ballot papers containing the details outlined under the headings below.

List of spoilt ballot papers

The list of spoilt ballot papers must contain:1  

• the name and number of the elector as stated in the register of electors (or, in the case of an elector who has an anonymous entry, only their electoral number) 
• where the postal voter whose ballot paper is spoilt is a proxy, the postal proxy’s name and address
• the number of the replacement postal ballot paper(s)

List of lost ballot papers

The list of lost ballot papers must contain:2  

• the name and number of the elector as stated in the register of electors (or, in the case of an elector who has an anonymous entry, only their electoral number)
• where the postal voter is a proxy, their name and address
• the number of the postal ballot paper(s) which has been lost of not received
• the number of the replacement postal ballot paper(s)

List of cancelled postal ballot papers as a result of any change to absent voting arrangements after a postal vote has been sent

The list of cancelled postal votes must include:3

• the name and number of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, only their electoral number)
• where the postal voter is a proxy, their name and address
• the numbers of the cancelled postal ballot paper(s)
• the numbers of any replacement postal ballot paper(s) that have been issued to the elector

The contents of any postal ballot pack that has been cancelled, including any envelopes, must be made into a packet and sealed. The seal must only be opened to include additional cancelled documents in the packet.4

Where a postal ballot has been cancelled, you must retrieve both the postal voting statement and the ballot papers if they have been returned, so that they do not go forward to the count.1

You must ensure that the postal ballot box is resealed in the presence of any agents present once cancelled postal ballot papers have been retrieved from the postal ballot box.2

Cancelling postal votes that have been returned

You should make arrangements for how you will deal with cancellations after postal packs have been issued and returned to you, including:

• how you will be able to retrieve and cancel any postal ballot papers and postal voting statements that are going through or have already gone through the postal vote opening process
• how you will explain what is happening to candidates and agents present at an opening session at which you need to retrieve and cancel a postal ballot paper

This table summarises the steps you should take for managing the retrieval of cancelled postal votes:

Whilst having robust quality assurance measures in place will help to ensure that supplier services are delivered correctly, it is important to be prepared for managing any errors or issues that may arise. As soon as you are made aware of an issue, either through escalation from your supplier, or through contact with electors, it is important to talk to your supplier to try to understand the scale and scope of the issue, and consider your pre-existing contingency plans as appropriate, as this will impact on your decision making on how to resolve the issue.

Before making any decisions on what action to take, it is important that you contact us so that we can discuss the issue with you and provide tailored advice and support in how to manage it.

Once you have all of the relevant information, have taken the appropriate advice and have made a decision on what action to take, you should agree plans with your suppliers accordingly and keep in close contact as these contingency plans are carried out. This may involve needing to re-check and approve proofs, or data figures or similar very urgently – but it is important that you still ensure that quality assurance checks are carried out to prevent any further errors.

For more information about proof checking see our guidance on quality assurance.

You will also need to consider what additional communications may be needed for electors or candidates and agents as a result of the issue; again this is something that Commission contacts can help you think through, so it is important that you contact us to discuss at the earliest opportunity. 

Depending on the decision you make as the result of any issue, you may need to read our guidance on re-issuing as a result of a procedural error.

As part of your planning for the delivery of key processes, you will have made decisions on the process to follow when you receive completed postal votes. 

This section includes further guidance relating to the processes you must follow on receipt of completed postal votes, including managing the postal opening process and the records you must keep as part of this process.

You must have received a postal ballot pack by the close of poll via the post or having been handed in at a polling station or council building in the constituency, for it to be treated as duly returned.1   

You should confirm the arrangements with Royal Mail for the return of postal votes and any final sweeps to be carried out on polling day.

If a person is delivering their postal vote to a polling station and they are in a queue at the polling station at 10pm they must still be permitted to return their postal ballot pack.2

Postal ballot packs can only be returned:

• to you, as CRO, by hand or by post, or
• by hand to any polling station in the constituency

Secure storage of returned postal ballots

Returned postal ballots should be stored securely at all times. This includes when they are transported to any opening sessions and to the verification and count venue. For more information see our guidance on ensuring the security of ballot papers. 

All postal votes received, must be stored in appropriate receptacles. You must take proper precautions for the safe custody of these receptacles.3

The methods of storage and transportation should be such that you can be satisfied that the returned postal ballots are kept securely and cannot be interfered with.

Postal ballot boxes and packets for returned postal votes

You must have two types of ballot box for securely storing returned postal votes:4  

• the postal voters’ ballot box 
• the postal ballot box

At each opening session, you must also provide receptacles for the following:5

• rejected votes 
• postal voting statements 
• ballot paper envelopes
• rejected ballot paper envelopes

You are also required to have a copy of the postal voters’ list and the postal proxy voters’ list so that entries can be marked as postal voting statements are returned.6

Postal voters’ ballot box

The postal voters’ ballot box is used to store any returned postal votes while they await opening. 

Any postal ballot papers, postal voting statements or ballot paper envelopes that are not received as a complete pack must also be placed in the postal voters’ ballot box.7

All postal voters’ ballot boxes must be marked with the words postal voters’ ballot box and the name of the relevant electoral area (i.e. Scottish Parliament constituency and region).8  

You must take proper precautions to ensure the safe custody of the postal voters’ ballot box.9 You should seal the postal voters’ ballot box and store it in a secure place until the next scheduled opening of postal votes.10 These precautions will ensure the security of the contents of the postal voters’ ballot box is maintained at all times. 

Postal ballot boxes

Postal ballot boxes are used to store the postal ballot papers which have been through the opening process and are to go forward to the count. 

All postal ballot boxes must be marked with the words postal ballot box and the name of the relevant electoral area (i.e. constituency and region).

All postal ballot boxes must be stored securely until the count.11 Any agents present at a postal vote opening are entitled to add their seal to postal ballot boxes if they wish.

Postal votes handed into the polling station

For postal votes handed in to polling stations on polling day, you should emphasise to polling station staff, including polling station inspectors, the importance of maintaining the security of the returned postal votes at all times. 

You should put arrangements in place to collect postal votes from polling stations at various points throughout polling day. This will help to avoid receiving large quantities of those postal votes at the count and should help to reduce the risk of delays to the start time of the count. 

You should provide polling stations with sufficient packets for received postal votes. These packets should be clearly labelled as containing postal votes and include the name of the polling station and polling station identifier.

For more information on dealing with postal votes returned to polling stations see our guidance in the polling station handbook. 

You can find the polling station handbook in the absent voting and polling station voting sections of our resource page.

Number and timing of postal vote opening sessions

As part of your planning, you will need to identify the number of postal vote opening sessions that you think you will require and when these should be held and make arrangements for these as necessary.

The number of postal vote opening sessions you will require will depend largely on the total number of postal voters that you have and your estimated turnout of postal voters. For more considerations see our guidance on planning for the delivery of key processes.

Your first opening session should be held within a couple of days of your first issue. Even if you have not received a high number of returned postal votes by then, you should still conduct a session at that time and take the opportunity to test your equipment and assess your workflows under real conditions. 

After this first session you should gauge whether your estimate of the number of postal vote opening sessions required is sufficient or whether you need to revise it.

Nothing prevents the opening of postal votes being carried out on a Saturday, Sunday or bank holiday, and indeed you may wish to consider doing so, particularly if additional postal vote opening sessions are found to be required.

You must give each constituency candidate, individual regional candidate and the election agent for each registered party standing in the regional contest at least 48 hours’ notice, in writing, of the time and location of each opening session and of the maximum number of postal voting agents that may be appointed to attend the opening of postal votes.1

Who can attend the opening of postal votes?

The following people are entitled to attend the opening of postal votes:2  

• you and your staff
• the RRO and their staff
• constituency candidates 
• constituency candidates’ election agent or any person appointed by a candidate to attend in the election agent's place
• individual regional candidates 
• individual regional candidates’ election agent or any person appointed by a candidate to attend in the election agent's place
• the election agent for a registered party standing nominated in the regional election, or the Nominating Officer of that party or someone authorised to attend in place of the Nominating Officer 
• postal voting agents
• Electoral Commission representatives
• accredited observers

The postal vote opening process should be transparent and all those entitled to attend are able to clearly view the whole process. You could hand out copies of your layout plan to assist those present to follow what is happening, where and when. 

You should provide anyone attending with information on the processes you are going to follow. This can be a verbal explanation or through the provision of written guidance notes. 

You should also inform candidates, election agents and postal voting agents of the process to be followed should they wish to object to the rejection of a postal voting statement. For more information see our guidance on checking personal identifiers.

Everyone attending a postal vote opening session, including your staff, must:3

• be provided with a copy of the secrecy requirements 
• maintain the secrecy of voting

You can find the postal voting secrecy requirements in the absent voting section of our resource page.

You must take proper precautions for preventing any person from seeing the votes made on the ballot papers.4 Throughout the opening sessions you must keep the ballot papers face down. There may be occasions when the front of a ballot paper becomes visible. It is an offence for anyone to:5

• to attempt to ascertain the candidate or the registered party for whom any vote is given on any particular ballot paper
• or communicate any such information obtained at those proceedings.

Equipment

You should also consider what other equipment you will require at the opening of postal votes, and ensure that it is in place and tested in advance. This should include:

• scanners
• extension leads
• printer
• projector and screen
• laptops and/or computers
• rejected stamp and pad
• assorted stationery

Keeping accurate records at the receipt and opening of postal votes is key to maintaining a clear audit trail. 

You are required to complete a statement as to postal ballot papers for the election which includes details as to the postal ballot papers for the constituency and the regional election. The records you keep will be essential for ensuring that the statement is complete and accurate. 

You should ensure that all of the figures required the for the statements are accurately recorded during the receipt, opening and verification of postal votes. You should:

• maintain a clear audit trail of the receipt and opening of postal ballot packs 
• record the total number of envelopes received 
• record the number of envelopes counted 
• ensure that all of the figures required for the statement as to postal ballot papers are accurately recorded
• keep a record of the total number of envelopes received at your office and placed in a postal voters ballot box and use this record for audit purposes and check it against the number of envelopes counted at opening

You must complete a postal vote ballot paper account for every postal ballot box, we have provided a template postal vote ballot paper account below:

• prepare a list recording 
  • the total number of postal votes placed in each postal ballot box 
  • the total number of such boxes

You should batch ballot papers to ensure that you are able to retrieve and cancel any particular ballot paper(s) as required, for example, if you have had to re-issue following a procedural error.

You can find the template postal vote ballot paper account in the absent voting section of our resource page.

For more information on keeping a record of postal voting statements that have gone through the opening process and have been rejected see our guidance on checking the personal identifiers. 

You must mark the postal voters list or postal proxy voters list whenever a postal voting statement is returned, regardless of whether or not it is accompanied by ballot paper(s).1

Confirming to voters their postal vote has been returned

You are required to confirm to a voter or postal proxy, if requested, whether you have received a postal voting statement or postal proxy back. You can do this by checking the marked lists.2

You are also required to confirm, if requested, if the number of the ballot papers issued to the elector or postal proxy has been recorded on either of the two lists of provisionally rejected votes that are required to be kept and used for matching up documents.3 For more information see our guidance on the process for opening postal votes.

You must be satisfied that any request has been made by the elector or postal proxy themselves before providing any confirmation regarding the status of their ballot.4 You should, for example, ask for their name, address and date of birth before providing the information.

The process for opening postal ballot packs is set out in legislation:

Stage 1: Opening of the postal voters' ballot box1

• count and record the number of returned postal ballot packs (i.e. the number of covering envelopes (B) in the postal voters’ ballot box)
• open covering envelope B and remove the postal voting statement and ballot paper envelope
• check the number on the postal voting statement matches the number on the ballot paper envelope (envelope ‘A’)
• place a mark in the postal voters list or postal proxy voters list as appropriate to show that a postal voting statement has been returned

If the covering envelope does not contain a postal voting statement:

• mark the covering envelope with the words provisionally rejected and attach its contents and place in the receptacle for rejected votes

Stage 2: Checking the personal identifiers2

• check that the elector has signed the statement and given a date of birth
• check the signature and date of birth on the postal voting statement matches those on the personal identifiers record
  • If you are satisfied that the postal voting statement is duly completed:
    • check the number on the postal voting statement matches the number on the ballot paper envelope (envelope A)
    • place the statement in the receptacle for postal voting statements 
    • place the ballot paper envelope in the receptacle for ballot paper envelopes
  • If you are not satisfied that the postal voting statement has been duly completed:
    • reject the postal voting statement. You must mark the statement rejected, attach to it the ballot paper envelope (if there is no such envelope you must attach it to the ballot papers) and place it in the receptacle for rejected votes. Before placing it in the receptacle, you must show it to the agents and, if any of them object to your decision, add the words rejection objected to. You should also record the reason for the rejection.

Stage 3: Opening of postal ballot paper envelopes3

• open the ballot paper envelope (envelope A) and remove the ballot papers, ensuring the ballot papers are kept face down at all times
• check the numbers on the ballot paper envelope (envelope A) matches the numbers on the back of the ballot papers
• place the ballot papers in postal ballot box(es)

If the ballot paper number on the ballot paper envelope does not match number on back of the ballot paper, add the words provisionally rejected, attach to the ballot paper envelope and place in the receptacle for rejected votes.

If the ballot paper envelope does not contain ballot paper(s), write on the ballot paper envelope that ballot paper(s) are missing, add the words provisionally rejected and place in receptacle for rejected ballot paper envelopes.

Stage 4: Sealing the postal ballot boxes4

• count and record the number of postal ballot papers to be sealed in each postal ballot box
• seal and securely store the postal ballot box(es)

A summary of this process is available in the following postal vote opening flowchart.

You can find the postal voting opening flowchart in the absent voting section of our resource page.

You should batch ballot papers in such a way as to ensure that you will be able to retrieve and cancel any particular ballot paper (for example, because you have had to re-issue following a procedural error). 

For this reason, and because of the need to verify the contents of all postal ballot boxes at the verification, you should consider how many ballot papers you want to store in each box.

Matching up postal voting statements with postal ballot papers

You must keep two lists of provisionally rejected postal ballot papers:5

• one to record the ballot paper number of any postal ballot paper(s) that have been returned without a postal voting statement
• one to record the ballot paper number(s) on any postal voting statement that was not returned with the ballot paper(s)

A spreadsheet is available that you can use for this purpose.

You can find the postal vote matching spreadsheet in the absent voting section of our resource page.

You should check these lists regularly to ensure that any mismatched documents can be matched up, enabling those postal ballots to be re-introduced into the process.

You must check the identifiers on all returned postal voting statements.1

You must be satisfied that the postal voting statement is duly completed. You must compare the signature (where the elector has not been granted a waiver) and the date of birth and on the postal voting statement against the date of birth and signature contained in the personal identifiers record relating the person the postal ballot paper was addressed.

If you have delegated authority to another person to make decisions on postal voting statements at the verification of postal vote identifiers, you should provide them with a copy of the Commission and Forensic Science Service guidance on signature checking, and instruct them to follow it.

You can find the Forensic Science Service guidance on signature checking in the absent voting section of our resource page.

Your decision on determination on a postal voting statement does not have to be based only on the information on the postal voting statement and personal identifiers record. 

When making your decision, you may consider any additional information you have. For example may be an elector has contacted you to say that they have broken their arm since supplying their identifiers to the Electoral Registration Officer and is unable to replicate their normal signature. 

You may decide to accept their postal voting statement as valid if you are satisfied that this is the case, even if it has a signature that looks different to the one on the personal identifiers record.

Every decision on a postal voting statement should be taken on an individual basis.

Complete absence of a signature (where the elector has not been granted a waiver) or a date of birth must always lead to a rejection.2

In determining the validity of the postal voting statement, neither the signature nor the date of birth is more important than the other – both must be provided (unless the signature has not been provided and the elector has been granted a waiver), and both must match.3

Candidates, election agents and postal voting agents may object to the rejection of a postal voting statement. If they object to a rejection, the postal voting statement must be marked “rejection objected to” before being attached to the ballot paper envelope and placed in the receptacle for rejected votes.4

Accredited observers and representatives of the Commission have no right to object to the rejection of a postal voting statement.

Sometimes you may find that electors have cut or torn their completed postal ballot papers. You will need to decide whether the returned extract is a valid ballot paper. 

There are various scenarios that may arise:

In order to avoid any potential delay to the verification and count processes you should keep the number of postal votes that have still to be opened during the verification and count to a minimum. You should ensure that any packets of postal votes that have been handed in at polling stations or to council offices are delivered to you as soon as practicable. 

You must ensure that the opening of postal votes, whether taking place at the verification and count or somewhere else, is carried out in full view of any candidates, agents and observers present.1

As with all other opening sessions, you are required to provide notice of the time and place of the final postal vote opening session.2

Following the completion of the final opening of postal votes, you are required to securely seal and store various receptacles and documents. For more information see our guidance on ensuring the security of ballot papers and other materials.

Keeping a record of incomplete postal ballot packs returned

You will have kept two lists of provisionally rejected postal ballot papers throughout the opening process:

• one to record the ballot paper number of any postal ballot paper(s) that have been returned without a postal voting statement
• a second to record the ballot paper number(s) on any postal voting statement that was not returned with the ballot paper(s)

After the last opening session, these will become:

• the final list of ballot papers with no valid postal voting statement received, and 
• the final list of valid postal voting statements received without one or both of the ballot papers

After an election, EROs are required to notify postal voters if their postal vote has been rejected as a result of their postal voting statement being rejected. You must keep a record of the categories under which you are rejecting individual postal voting statements to enable this.1  

Every rejected postal voting statement must be accounted for. 

This list must contain, for each such rejected postal vote:2

• the elector’s name and address (and the name and address of the proxy if the elector has a proxy)
• the elector’s number on the register of electors (and that of the proxy if the elector has a proxy)
• the specified reason(s) for the rejection of the postal voting statement
• any other information relating to the rejection that you consider appropriate, but not the ballot paper numbers

The specified reasons for rejection of a postal voting statement are: 

• the signature does not match the example held on the personal identifiers record
• the date of birth does not match the one held on the personal identifiers record
• the signature field is blank
• the date of birth field is blank

Where a postal voter appears on the list of postal votes because their statement has been rejected, the ERO is required to notify the postal voter of the rejection within three months of the date of poll.3

The ERO’s requirement to send notification is suspended if either:4

• the person is no longer shown as voting by post in the relevant list at the time the notification is sent
• you suspect that an offence may have been committed in relation to a particular postal vote

You should therefore keep a record of any instances where you suspect an offence may have been committed and forward it to the ERO, so that they know in which case they should not send out a postal vote identifier rejection notice. This should be done at the same time as you forward all other election documents to the ERO.

Where fraud is suspected, you should package the contents of the postal ballot pack separately and inform your local police SPOC. You should handle the postal ballot pack as little as possible and, where possible, make a note of each person who has handled the postal ballot pack.

For more information see our guidance for EROs on issuing postal vote identifier rejection notices.

This part of the guidance focuses on the preparations you will need to make in advance of polling day and some of the issues that you may need to consider on the day.

It covers what equipment and materials you will need to provide for polling stations, information on polling station set-up and managing the close of poll.

As part of your planning, you will have considered any known risks to specific polling stations in your area and made arrangements with the Presiding Officer and police as appropriate. Guidance for how Presiding Officers deal with specific issues in the polling station are covered in the polling station handbook.

Our polling station handbook covers in detail the voting procedures and what polling station staff can expect on polling day.

You can find the polling station handbook in the polling station voting section of our resource page.

You can find guidance on the identification of suitable polling stations in our planning guidance for Returning Officers. 

You are required to provide certain equipment and materials to polling stations and will need to plan this in advance to ensure that everything is in place for the delivery of polling station voting.

Summary of items to be provided to polling stations

You must provide polling stations with:1  

• separate ballot box(es) and seals for the constituency ballot papers and the regional ballot papers
• ballot papers (including tendered ballot papers)
• pens or pencils to enable voters to mark their ballot papers 
• polling booths
• the relevant part of the register
• absent voters lists – postal voters’, proxy voters’ and postal proxies lists
• form to record the details of electors who have been issued ballot papers after the correction of a clerical error (which may be appended to the polling station register)
• corresponding number list
• ballot paper accounts
• an enlarged sample copy of the ballot papers, for display inside the polling station
• an enlarged hand-held sample copy of the ballot papers to give to electors to take to a polling booth with them for reference
• a voting device for use by blind or partially sighted voters
• guidance for voters notice (to be displayed inside and outside every polling station)
• information for voters notices (to be displayed inside the polling booth)
• declaration by companions of voters with disabilities
• a list of tendered votes
• a list of votes marked by the Presiding Officer
• a statement of number of votes marked by the Presiding Officer
• a list of voters with disabilities assisted by companions
• packets, with seals, in which to place the items to be returned to you, such as postal ballot papers returned to the polling station, and for packaging the election documentation at close of poll
• at least one list showing the names of the candidates who appear on the list of each party at the regional contest followed by the names of the individual regional candidates as given on the statement of persons and parties nominated and in the order in which they appear on the statement
• the statement of persons nominated for the constituency contest and the statement of persons and parties nominated for the regional contest (to be printed in conspicuous characters and displayed inside and/or outside the polling station)
• any additional equipment you have determined necessary to make voting easier and more accessible for disabled voters e.g. badges identifying polling station staff

You must also make such arrangements as you think fit to ensure that staff, candidates and agents appointed to attend the station are provided with the relevant secrecy requirements.2

In addition, you should provide:

• envelopes, with seals, in which to place any ballot papers that have been issued but which the elector has not placed in the ballot box
• form or list to record electors marked as postal voters but who claim not to have applied for one
• notepaper for use by polling station staff
• stationery items as required, e.g. paper clips, drawing pins, adhesive tack, adhesive tape
• equipment for returning stationery and other equipment to the verification venue
• envelopes for making up assorted statutory packets

Where a polling station has an induction loop installed, it should be used wherever possible to support the accessibility of the electoral process to voters with hearing loss. Polling station staff would need to be trained on how to use these at the briefing session.

We have produced a template survey for polling station voters who required additional assistance when voting, which you may want to provide in polling stations. More information can be found in our guidance for Returning Officers on assistance with voting for disabled voters on reviewing the election.

You should check that all polling station equipment is fit for purpose and that you have sufficient quantities, particularly in the event of a high turnout.

You are required to provide separate ballot box(es) for the constituency ballot papers and for the regional ballot papers.3 Each ballot box should be clearly marked with the election to which it relates and the words place the [specify colour of the ballot papers in question] ballot paper here. It may be helpful to colour code the labels on the ballot boxes.

You will need to consider providing additional ballot boxes to Presiding Officers as one box for each of the constituency and regional contests may not be sufficient should there be a high turnout. All ballot boxes provided for use in polling stations must be sealed by polling station staff at the start of the poll.4

You should have prepared your polling station equipment and materials in good time before polling day, for either delivery to polling stations or collection by Presiding Officers.

You must provide each polling station with such number of ballot papers that you think may be necessary.1 If you are not allocating ballot papers for 100% of electors entitled to vote in person at the polling stations careful consideration needs to be given to the number that will be required in each case.

As part of your consideration, you should estimate expected turnout levels. You should assume that the turnout will be not less than the turnout at the last equivalent poll, and you should take into account the potential for late engagement and interest in the election, and any local or national issues which may affect turnout.

If you decide for any reason that you are not allocating ballot papers for 100% of eligible electors entitled to vote in person at a polling station, you should give careful consideration to the number that will be required in each case. You should have plans in place to ensure that additional ballot papers can be provided to any polling station in a timely manner that may require them.

You should also ensure that Presiding Officers understand how to complete the ballot paper accounts to take account of the additional allocation.

When allocating ballot papers to polling stations, ensure that the numbers on the ballot papers allocated to each polling station run consecutively in order to avoid any problems with completing the corresponding number list or ballot paper accounts. For more information on the printing of ballot papers see our guidance on production of ballot papers and checking ballot papers before allocation.

You must also supply tendered ballot papers to Presiding Officers.2 To avoid tendered ballot papers being issued in error it is good practice to supply them in a sealed envelope with:

• instructions stating that the envelope should be opened and the ballot papers within it issued only in limited, prescribed circumstances after consultation with the elections office
• a brief description of those circumstances
• instructions to consult the polling station handbook for further information

You can find the polling station handbook in the polling station voting section of our resource page.

You must provide each Presiding Officer with the appropriate part of the register for their polling station and appropriate absent voting lists.1

Polling station staff should have been trained on the various franchise markers that will appear on the register. They need to be aware of the importance of the security of voters’ personal details on the electoral register and absent voting lists.

Polling station registers can be printed once the final election notice of alteration has been published, five working days before polling day. However, you should ensure that all polling station registers:

• are checked to ensure that they are complete
• reflect any recent additions or deletions to the register 
• have the appropriate franchise markers are in place

You should instruct your Presiding Officers to check that: 

• they have been provided with the correct register for their polling station
• the register includes the expected number of electors allocated to their polling station

Alterations to the register

You should have procedures in place to deal with any necessary amendments made before polling day or on polling day itself. These procedures should cover your method:

• to amend the polling station registers and proxy lists, as a result of correcting clerical errors, granting of emergency proxy applications or court decisions on registration appeals
• for communicating the relevant information to Presiding Officers, which may be done orally or in writing

For more information see our guidance on training presiding officers, poll clerks and polling station inspectors.

You must prepare and provide a corresponding number list (CNL) for each polling station.

The CNL is a prescribed document that can be found in the appendix to the election rules.1 There are no provision for a form to like effect to be used.

There are two types of CNL. One list is to be used in polling stations, containing the ballot paper numbers and a column to add the elector numbers of voters to whom those ballot papers are issued.

The other list is to be used at postal vote issuing sessions, containing the ballot paper numbers of every ballot paper produced, as well as the elector numbers of postal voters.

For more information on the postal vote issuing process please see our guidance on issuing and distributing postal votes.

Postal voters can return their postal votes by hand to any polling station in the constituency.

You should make sure polling station staff can identify which postal votes can be returned to their polling station. For more information on training staff please see our guidance on training presiding officers, poll clerks and polling station inspectors.

You should provide polling stations with packets for received postal votes. The number and style of packets should, as a minimum, be based on returns at the last equivalent polls, but you should keep in mind the potential for late engagement and interest in the election, and any local or national issues which may affect turnout.

Records of all such packets should be kept so that each one can be accounted for. The packets should be clearly labelled and state:

• they contain postal votes 
• the name of the polling station and polling station identifier

Security of returned postal votes

You should ensure that the packets are capable of being securely sealed.

Polling agents are entitled to attach their seal to sealed packets before they are removed from the polling station and must therefore be permitted to do so.1

As part of your training you should emphasise to Presiding Officers the importance of maintaining the security of postal votes returned to polling stations. Postal votes should be immediately placed in the relevant packets provided and the Presiding Officer should ensure that the packets are stored securely throughout the day.

You should arrange for postal votes to be collected from polling stations throughout the day as this will help to reduce the number that will have to be dealt with after the close of poll. Polling station inspectors can perform this duty. You should ensure that processes are in place to maintain a clear audit trail and to ensure the security of collected postal vote packets while in transit.

You should prepare a polling station log for polling station staff to use to record any problems or anomalies.

You should instruct polling station staff to record in the polling station log:

• any instances where they are required to ask the prescribed questions as a result of suspected personation. This should be done once the person in question has left the polling station. They should record as much information as possible, for example, any distinguishing characteristics, which may help any future investigation. The polling station handbook sets out the procedure for dealing with personation, which involves asking the prescribed questions
• the name and address of any voter who is unable to vote for any administrative reason
• anything that may help to explain any apparent issues with the ballot paper accounts at the verification – for example, if a voter has been seen leaving the polling station with a ballot paper. You should consider instructing Presiding Officers to keep the log and ballot paper accounts together when delivering the ballot papers to the count.
• the details of those who are present in polling stations for the purpose of observing proceedings, including visits from the police and RO staff
• any times when they temporarily limited the number of observers that can stay in the polling station, to ensure that the poll can proceed effectively
• instances where they observe someone attempting to accompany a voter into the voting booth who is not their appointed companion or a child, and the actions that followed
• any feedback on the polling station and or any specific equipment provided to the polling station
• useful details of any difficult situations encountered

If you are concerned that personation may have taken place at a polling station you should contact your police SPOC and you can also contact our Scotland office for additional support. For more information see our guidance on maintaining the integrity of the election. 

Polling station notices

You must produce and display the Guidance for voters notice and the Information for voters notice. The contents and display requirements of these notices are prescribed in legislation.1

The Guidance for voters notice is required by law to be printed in conspicuous characters and must be displayed inside and outside of the polling station.2 The Information for voters notice must be exhibited in every polling booth.3

Use of English in polling stations

When you brief polling station staff, you should make clear that English should be used when assisting or giving instructions to electors in polling stations. This ensures transparency in proceedings, and enables any observers or polling agents present in the polling station to monitor the voting process.

Some voters may need assistance in another language because of their limited English language skills. You should consider what support you are able to provide to those voters in your area, such as providing translations of the polling station notices.

In some exceptional cases the translated notices may not be sufficient or appropriate. For example, a voter may have low levels of literacy or may have a question that falls outside of what is covered by the notices. In those circumstances, polling station staff may provide assistance in a language other than English if they can.

Where assistance is given in another language, polling station staff should explain to other staff and any polling agents or observers present what question has been asked and the response given.

You should remind polling station staff to contact the RO (or ERO if applicable) if they have any queries from electors that they are unable to deal with.

You need to decide when to allow the use of mobile phones in polling stations and make this clear to polling station staff in your staff training.

Our advice is that you should not allow photos to be taken inside polling stations. The law relating to obtaining information in polling stations and disclosing such information is complex and there is the risk that someone taking a photo inside a polling station may be in breach of the law, whether intentionally or not.

You could decide to display a notice inside polling stations to make clear that photography of any kind (including photos taken on mobile phones) is not permitted.

While you should ensure that all polling station staff are aware of this guidance, they should also understand that some voters with sight loss may need to use apps on their mobile phone or other devices to help them to read documents, and they should allow them to do so.

An election agent or polling agent might ask polling station staff for information on the number of ballot papers issued. It is for you to decide whether to release this information.

A request for the number of ballot papers that have been issued can only be made by those who are entitled to be inside the polling station. If you decide to provide this information, you must be careful not to release any information that may risk breaching the secrecy of the ballot.

We have produced guidance on how polling station staff can calculate the number of ballot papers issued. This can be found in our briefing for polling station staff.

You can find the polling station staff briefing in the polling station voting section of our resource page.

Voters who at 10pm are in their polling station, or in a queue outside their polling station, for the purpose of voting, may apply for a ballot paper.1

If a person is in the polling station or in a queue outside the polling station by 10pm for the purposes of returning postal votes, they may do so after 10pm.

You should consider as part of your planning where queues may arise and ensure that you have arrangements in place to be able to respond as necessary.

You should ensure that polling station staff are monitoring turnout throughout the day and providing progress reports to polling station inspectors, and that you are kept informed if there is any information that indicates a risk of there being a queue at close of poll at any polling station.

You should also consider involving your police SPOC in planning arrangements to deal with possible queues at the close of poll, so they can assist you with queue management if necessary.

The Commission’s polling station handbook will set out in detail the processes to be followed at the close of poll, including how to deal with voters held in a queue at 10pm.

You can find the polling station handbook in the polling station voting section of our resource page.

This section is intended to help you make decisions about some of the key aspects of delivering the verification and the counting of the votes, such as managing attendance and observation, ensuring security of ballot papers, audit processes and dealing with doubtful ballot papers.

It provides guidance to support the key decisions you need to make and highlights recommended approaches to assist you in understanding and discharging your duties, ensuring that there is transparency in the process and enabling you to deliver an accurate result in which voters, candidates and political parties have confidence.

There are a variety of methods for arranging verification and count processes at an election, and there is no one size fits all approach that can be applied. Each area has its own set of local circumstances that will influence the decisions you must make, in discussion with the RRO, as part of your planning for how you will safely and securely deliver the verification and count processes.

As CRO, you are responsible for the counting of votes for both the constituency contest and that part of the regional contest that is included within the constituency.

If you are also the RRO, you are responsible for collation and calculation of the number of votes given for each individual candidate and political party in the regional contest, and calculation of the allocation of seats for the electoral region and declaration of the regional result.

When deciding how to organise the verification, count and result collation processes, you will need to consider other relevant practical factors that will affect the organisation and timing of the verification, count and result collation, such as:

• the size of the constituency
• the geography of the constituency
• size and capacity of venues
• turnout
• the ability to ensure transparency for candidates, agents and observers
• the cost of using the venue

When planning the delivery of the verification and count you should keep your general planning assumptions under review to ensure they continue to be realistic and robust. This should include reviewing your plans at the close of nominations when the number of candidates is finalised and revisiting your assumptions on turnout, speed and capability of count staff and expected timing for completing the various count stages in light of this.

Such a review will help inform a realistic assessment of whether you will be able to deliver your overall plan, and whether and when it may be necessary to implement contingency plans. In all cases your plan should be flexible enough to allow you to respond if any of your assumptions change, or if any known risks materialise and should cover what contingency actions you will take in such circumstances.

Your plan should also identify key points during the count process at which you will review progress against the expected schedule. This progress review should be used to keep the candidates, agents and the media informed of the progress of the count.

If you are also the RRO, you should be satisfied that the verification plans of CROs in your region are designed and managed sufficiently to secure an accurate result in which everyone can have confidence.

If you are also the RRO, your plan should additionally cover the resourcing and management of the results including the development of a protocol for the transmission and receipt of the election results from CROs. For more information see our guidance on results collation and seat allocation.

Decision making

You should keep a record of all steps taken in order to be able to provide an audit trail demonstrating your decision-making process. You should be able to explain your decisions, and you should be prepared to do so in response to enquiries.

To help build confidence in your plans for the verification and count, you should share information and consult and engage on your plan with stakeholders. You should communicate throughout your planning process and be prepared to explain the reason for the decisions you are taking. For key decisions, you should provide your reasons to stakeholders in writing.

You should identify in advance those decisions about the management of the count to be taken in consultation or agreement with parties, individual candidates and agents, and make clear to them on what basis you will be making decisions. This includes, for example, decisions on recounts1 and the suspension of the count.2 While you should seek input from those affected or interested to inform your decision-making, the responsibility for making decisions remains with you. You will need to decide the best way to communicate these decisions once taken.

Documentation

In preparation, you should produce templates of all documents which will be completed at the verification and count and ensure staff are familiar with them. Colour coding the documentation can be an effective way to quickly locating the relevant documents.

Equipment and set up

You will need to decide what equipment you will need to administer the verification and count and to communicate with the parties, individual candidates and agents and anybody else attending the count, including: 

• public announcement systems
• phone lines
• mobile phones and mobile signals
• general IT equipment, including WiFi, and spreadsheets for recording verification and count figures
• equipment for verifying the personal identifiers on returned postal votes (if the final opening of postal votes is to take place at the verification venue)
• screens for displaying any relevant information throughout the count

You will also need appropriate equipment to communicate your local count totals to the RRO who has responsibility for the collation of a regional result.

We have prepared a checklist to help relevant staff ensure that all materials, including stationery and equipment required at the verification and count venue are present.

You can find the checklist in the verification and count section of our resource page.

We have also developed guidance to support you should you need to procure any equipment.

You should ensure that your verification and count arrangements can deliver the key principles for an effective verification and count:

• All processes are transparent, with a clear and unambiguous audit trail. For example:
  • everything is carried out in clear view of all those entitled to attend
  • sufficient information is provided to attendees on the processes to be followed
  • communication of information is consistent and open
• The verification produces an accurate result. This means that the number of ballot papers in each box either matches the number of ballot papers issued as stated on the ballot paper account or, if it does not:
  • the source of the variance has been identified and can be explained, and/or
  • the box has been recounted at least twice, until the same number of ballot papers is counted on two consecutive occasions
• Each count produces an accurate result:
  • for the constituency count, the total number of votes cast for each candidate and rejected votes matches the total number of ballot papers given on the verification statement for the constituency
  • for the regional count, the total number of votes cast in the constituency for each party and individual regional candidate and the rejected votes matches the total number of ballot papers given on the verification statement for the regional contest within the constituency
  • the verification and count and result collation are timely
  • the secrecy of the vote is maintained at all times
  • the security of ballot papers and other stationery is maintained at all times
  • the communication of information at the verification and count is clear and timely

For more information on choosing and managing your venue see our guidance on verification and count venues and layouts.

For the Scottish Parliament election, the counting of votes must begin as soon as practicable after the close of poll.1 The EMB may provide guidance on the timing of the count.

You should take decisions on the timing of the count before the notice of election is published, and inform those with an interest, including local political parties and broadcasters, at an early stage.

There will be an expectation among parties, candidates and the media that the results will be declared as soon as possible after the close of poll. Working closely with the RRO, where you are not also the RRO, you will therefore need to plan carefully how to manage the expectations of parties, candidates and the media.

As CRO, you must give notice in writing to the RRO of the time and place at which the verification and counting of the votes will start.

You must also give notice in writing to counting agents at the Scottish Parliament elections of the time and place at which the verification and counting of votes will start.2

Methodology

The way that you organise and manage the verification and count will have an impact on timing.

You should consider using a mini-count approach when planning your verification and count. It is widely accepted that breaking down the verification and count into areas smaller than your constituency is particularly effective in achieving an accurate, timely result with clear audit trails.

The results from those areas are then aggregated to achieve an overall result for your constituency. Any counting issues that may arise will be limited to a more manageable area and any re-counts that may happen as a result, may be limited.

There are several things that you can think about at an early stage to help estimate the timings of each stage of your verification and count. This should include:

• the size of the ballot papers
• the number of staff and any staffing formulas you have in place e.g. number of ballot papers counted per hour per count assistant 
• the number of ballot papers that were processed at a previous equivalent election
• the methodology used at previous elections e.g. mini-counts 
• the timings at previous equivalent elections for completion of the various stages of the verification and count

You should share these timings with stakeholders together with the assumptions that underpin them. However, you should also warn stakeholders that these timings are indicative only and may change - for example, if turnout was significantly higher or lower than expected.

Some stakeholders may hold expectations as to how quickly the processes can be completed which cannot be met in practice and this can lead to tension and frustration at the verification and count. To manage expectations, you should explain in some detail the processes involved, how long each stage is likely to take and the resources you have put in place.

Understanding the number of ballot papers that will need to be dealt with is a crucial factor in your planning and will help determine the resources that you need for the verification and count.

You need to think about the estimated:

• size of the electorate
• number of used and unused ballot papers
• number of returned postal ballot papers
• number of doubtful ballot papers to be adjudicated

Electorate

You will need to liaise with the ERO to obtain the registration data.

You will be able to estimate the eligible electorate by using the figure after publication of the revised register as a baseline, but accounting for likely increases in registration ahead of the polls.

An analysis of the increases in the electorate ahead of the last scheduled polls can provide you with an idea of the percentage increase in electorate you can expect at the polls.

You should also factor in any increases that may result from registration activity that the ERO will be carrying out. You should be able to keep that estimate under review by monitoring the monthly updates to the register.

Used and unused polling station ballot papers

You will be able to develop an estimate of the number of used ballot papers you may have to process from polling stations by multiplying the estimated electorate by the expected turnout. You can then identify the volume of unused papers that will also need to be verified, as set out in the following example table:

The above calculation will give you a robust estimate of the number of polling station ballot papers you will need to manage at the verification and count, but you should build in some contingency to ensure you are prepared to deal with a greater than expected turnout and/or electorate.

Whilst the number of tendered ballot papers to verify will likely be relatively small, you should also consider the number of tendered ballot papers you will need to manage and plan on how you will do this. 

Volume and management of returned postal votes

The publication of the revised register will provide a baseline for the number of postal voters in your area, and you should consider the percentage increase ahead of previous similar polls too. You should also factor in any registration activity being carried out by the ERO ahead of the poll.

Regular monitoring of the absent voting list will allow you to keep your estimate under review.

Using your assumption on postal voter turnout for the constituency, you can then calculate the total number of postal ballot papers you might have to process. You can then keep this under review by monitoring the progress of postal vote returns in the period leading up to polling day and include an analysis of the pattern of postal vote returns from previous equivalent polls in your planning.

Planning for processing postal votes handed in on polling day

The time taken to verify postal votes handed in at polling stations can lead to delays at the verification and count. You will need to plan how you will ensure that there are no delays due to awaiting the arrival and processing of the last postal votes. Regular collections of postal votes during the day should help to minimise any delay.

You need to decide on the arrangements to enable the efficient verification of returned postal voting statements after the close of poll including whether:

• postal vote identifier checks will take place at the verification venue or elsewhere? If the process takes place at the verification venue this is likely to be more convenient for candidates and agents to observe and it will be more straightforward from a transportation point of view, but there are risks involved in moving an established operation and equipment to a different venue
• equipment needs to be moved or additional equipment needs to be put in place to facilitate verification? If so, you should ensure that it is tested in advance
• you have the appropriate staffing levels to ensure any delay in verifying the final postal votes is minimised?

You will need to ensure that your plans for the checking of personal identifiers on returned postal voting statements received on polling day does not lead to a delay at the verification and count.

Managing doubtful ballot papers

The number of doubtful ballot papers that may require adjudication because the voter has not marked the ballot paper in accordance with the instructions will also affect the resources that might be required at the verification and count. By analysing the results of previous comparable elections you should be able to estimate how many doubtful ballot papers may need to be processed at the count.

As CRO, it is part of your role to ensure that everyone who wants to observe the verification and count can do so safely has access to the information they need to enable them to do so.

This section contains information on who can attend the verification and count, and guidance for your plans for communicating throughout the verification and count processes.

For information on attendance at the collation of result, see our guidance. 

The following people are entitled by law to attend the verification and count: 

• you and your staff
• the RRO and their staff
• each party list and individual candidate (and one other person chosen by each of them) 
• election agents (or a sub-agent on their behalf)1
• counting agents
• Electoral Commission representatives
• accredited observers
• any other person permitted by you, as CRO, to attend2
  • you need to be satisfied that any person permitted by you to attend will not impede the efficient verification or counting of votes and you have either consulted the election agents in advance or decided it impracticable to do so3

You should take all necessary steps to ensure that anyone attending does not interfere with or compromise the secrecy of the vote. You are legally required to make such arrangements as you think fit to ensure that all attendees are provided with a copy of the secrecy requirements.4

You can find the secrecy requirements in the verification and count section of our resource page.

You have a legal duty to give counting agents reasonable facilities for overseeing the verification and counting of the votes.5 This should include considering the accessibility of the venue and areas in use for key processes. You should ensure that anyone else who is entitled to attend has an unrestricted view of the proceedings, while also ensuring that they will not be able to interfere with the work of your staff.

There is no requirement for those attending to arrive by a certain time. You should have processes in place so those entitled to attend should be admitted whenever they arrive. This process should also allow any attendee who wishes to leave and return to do so.

You must give counting agents reasonable facilities for overseeing the verification and counting of the votes, and provide them with relevant information.1

Counting agents are entitled to:

• draw to your attention any doubtful ballot papers
• disagree with a decision made by you to reject a ballot paper and you must mark that ballot paper as rejection objected to
• add their own seals when you seal the ballot boxes and envelopes if a count is suspended for any reason or there is a break in proceedings2

In particular, where votes are counted by sorting the ballot papers according to candidate (or, in the case of the regional contest, by party and individual regional candidate), and then by counting each set of ballot papers, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.3

You must also give notice in writing to counting agents of the time and place at which the verification and counting of the votes will start.4

You may limit the number of counting agents, but in doing so must ensure:

• that for the constituency:5  
  • the number is the same in the case of each candidate 
  • the number allowed to a candidate must not (except in special circumstances) be less than the number obtained by dividing the number of count staff by the number of candidates
• that for the region:
  • the number is the same in the case of each individual candidate or political party
  • the number allowed must not (except in special circumstances) be less than the number obtained by dividing the number of count staff by the number of individual candidates and parties

Further information can be found in our guidance on the appointment of counting agents.

Accredited observers

Electoral observation is a legitimate and valuable part of the electoral process, and care should be taken not to hinder or obstruct any observers.

While you are permitted to limit the number of observers who may be present at any one time during the verification and count, you should exercise caution in doing so.

You are not entitled to bar all observers from the verification and count, only to limit the number of observers present at any one time, and this discretion must be exercised reasonably.1

If you suspend access, or remove an accredited observer from the verification or count, you should ensure there is an audit trail to support your decision. A template observer access restriction log is available for this purpose.

You can find the template log in the verification and count section of the resource page.

When managing the attendance of observers you must have regard to the Commission’s Code of practice for observers.2 Should you experience any issues with observers attending the count, contact our Scotland office at the earliest opportunity. 

Commission representatives

Commission representatives are entitled to attend the verification and count and to observe your working practices.3

They can ask questions of your staff and of agents, but will not do so if this would obstruct or disturb the conduct of proceedings.

You are not allowed to limit the number of Commission representatives at the verification and count.

For more information see our guidance on the appointment of accredited observers and Commission representatives.

You should include space and opportunity for the media to report on the results of the election. 

You have discretion to decide which representatives of the media you allow to attend.1 A range of organisations or individuals across print, broadcast, online, podcast or social media platforms may request to attend the count. There are several factors you could take into account when deciding who to allow, including whether they represent a bona fide media organisation, are regulated by Ofcom, IPSO or Impress, and the reach of their organisation. Whichever criteria you use should be applied fairly and consistently across all requests. You may also wish to agree a policy about whether media staff associated with parties or candidates taking part in the election are permitted to attend in a media capacity. Again, this should be applied consistently.

As with all attendees, you must ensure that media representatives do not interfere with the process or compromise the secrecy of the vote.2

In preparation for representatives of the media attending your verification and count you should consider:

• contacting principal broadcast organisations in advance
• outlining the press facilities available
• arranging for sound systems to be used for the announcements and for any live feeds
• providing an opportunity for media representatives to inspect the verification and count venue to see what space and facilities are available, and give them the opportunity to raise any issues or requirements with you, including technical requirements to avoid problems on the night and allow provision to be made in the layout of the venue
• how you will ensure that the media are aware of any restricted areas and procedures e.g. that camera operators are aware they must not overview sensitive information (such as close-ups of ballot papers) or obstruct count staff

Throughout the proceedings you should ensure that the media representatives are aware of:

• the arrangements for the declaration of results or declaration of local totals, such as alerting them shortly before the results are to be declared so they can move into position and providing them with written copies of the results
• the arrangements for sound systems to be used for announcements and for any live feeds and who to approach if they are asked any technical electoral questions
• the expected finish and declaration
• the nominated media spokesperson in place for the count, who will be available to deal with all media questions

To assist you and your public relations team we have produced, jointly with the national TV broadcasters, some tips for managing the media at the count.

You can find the Tips for Managing the Media at the Count resource in the verification and count section of our resource page.

If you are also the RRO, your plan should cover attendance during the results collation.

The Commission will produce a media handbook that you can include with any information pack you are producing for the media attending the verification and count.

You have a responsibility to ensure the secure, safe and effective delivery of the verification and count process. As part of this you will have undertaken risk assessments and put in place the necessary security measures to manage attendance at verification and the count.

Tickets or entrance passes should be issued to everyone entitled to attend the count, except accredited observers and Commission representatives who will be wearing silver or pink accreditation badges. You should consider issuing different-coloured tickets or passes to identify the different categories of attendees.

Controlling admission

You should provide lists of those people entitled to attend the verification and count to those on duty at the entrance and instruct security staff to check the tickets or passes of anyone seeking to attend.

However, security staff should also be briefed that Commission representatives and accredited observers do not need to provide advance notification of where they intend to observe and therefore may not appear on their list but are nevertheless entitled to access the verification and count venue on production of their observer or Commission representative identification badge.

You should, for health, safety and security reasons, record the names of everyone who actually attends the verification and count.

Additionally, your risk assessment may have identified security concerns which justify the need for all attendees to undergo additional checks, such as requiring attendees to show ID and bag checks before being allowed entry, and this can include Commission representatives and accredited observers.

You should liaise with the Police to check that their plans for managing the public space outside the count venue will enable people entitled to attend the count to enter and leave the venue freely and without obstruction.

Managing attendees

All attendees need know what to expect and to understand their role at the verification and count. The plans should include mechanisms for communicating with and managing the expectations of those attending. The plans should also cover how you will maintain the secrecy of the vote throughout the verification and count.

You should ensure that all attendees at the count, including candidates, their guests, election agents, counting agents, observers and the media, are briefed on and fully understand the process for conducting the count and the standards of behaviour which are expected of them at all times.

Your written and face-to-face briefings should make it clear that you will be excluding attendees from the count venue if their behaviour interferes with the effective conduct of the count, including the declaration of the results. This should help count staff to carry out verification and count activities without interference from counting agents and other observers. Where you think there is a need to contact police due to a disruptive individual, you should do so on 999.

You should also decide on a policy for the use of mobile phones and photography or filming in the verification and count venue and provide this information in advance to those who are entitled to attend. This should include any rules regarding the filming or photographing of staff carrying out their duties, in line with your plans for maintaining the security and safety of the verification and count and those attending.

Good communication, both at party, candidate and agent briefings in advance of the verification and count and at the event itself, allows those present to properly scrutinise all of the processes and will help to build confidence in the administration of the verification and count. Providing information on the process can also help to lower the number of queries raised by parties, candidates and agents – in particular from new or inexperienced parties, candidates or agents – thus reducing the pressure on staff.

You should ensure that there is always a way for agents or observers to make direct representations to you at the earliest opportunity to you should they be concerned or dissatisfied in any way with the manner in which the proceedings are being carried out. Enabling each such representation to be made at the earliest opportunity is important so that any concerns may be considered, explanations and reassurances given, and any corrective action taken if necessary.

Verbal announcements

You should use a public address system to make announcements about what is happening where and when, throughout the verification and count process. These should be timely and co-ordinated to ensure that information is communicated in a way that allows candidates, agents and observers to fully understand the progress of the count.

You should make announcements:

• when you have received all the ballot boxes from polling stations
• when you have received all the boxes of postal votes
• when you have completed verification
• to confirm the turnout figure and how many ballot papers are going through to the count
• when you are about to start the adjudication of doubtful ballot papers, setting out where this will take place
• when you are ready to announce the results or local count totals so the relevant attendees can make their way to the declaration area
• to notify attendees of any delays

It is helpful to also have a dedicated team member of staff available to brief any attendees who arrive after the verification or count has commenced as they may have missed your announcements.

Signage throughout the venue

You should have adequate signage in the venue so that attendees can find their way to the various areas. In particular, if the public address system can only be heard in certain parts of the venue, you should let attendees know where announcements can be heard, through clear signage and by including this information in packs for attendees.

You should consider displaying copies of the layout plan at various locations throughout the venue, indicating the key areas of interest for counting agents and observers. You could also provide a description of the roles of counting agents and an explanation of what other guests are permitted to do, as well as photographs of yourself and your key staff to help attendees identify you at the count.

Information pack for attendees

You should provide an information pack for attendees which could include information on:

• the key roles of those conducting the verification and count (including names and photographs of you and your key team)
• the verification and count processes
• ballot box numbers and the names of the polling stations they relate to
• the security arrangements for the ballot papers and boxes
• the template verification and count paperwork, including a copy of it, that will be used to communicate the outcome of the verification and count
• how agents can observe and participate in the adjudication of doubtful ballot papers
• the process for the result declaration - you should liaise with the Regional Returning Officer to ensure that the pack also includes relevant information on how the regional election results will be calculated and declared
• where applicable, the relationship between the count in your electoral area and the election as a whole
• the venue facilities and general rules including that smoking is not allowed within the building, and any policy regarding refreshments
• policies for conduct during the verification and count at the venue, such as use of mobile phones, taking photographs, and whether there are any items you have decided to prohibit from the venue as a result of your risk assessment
• security arrangements for attendance at the verification and count
• expected behaviour of attendees during the delivery of verbal announcements
• any health and safety issues e.g. evacuation procedures and fire drills
• where attendees can get further information

The information pack should also make clear to those attending the count they should communicate any questions via count supervisors rather than counting assistants. This will help ensure transparency of communication between counting staff and other attendees at the count (including counting agents).

You should brief senior staff on how to respond to queries from attendees.

Communicating the results

You will need to announce the declaration of the final results verbally. You should ensure that all attendees are aware of the standards of behaviour expected during your announcements.

You are also required to give public notice of the results and the relevant election rules will set out what should be included in that notice.

You should provide copies of the results to parties, individual candidates, agents and the media.

Additionally, you should make arrangements for the results to be published on the local council’s website as soon as possible. You can also share the results link through your council’s social media accounts.

The verification process has two main purposes which are:

• to ensure and demonstrate that all ballot papers issued at polling stations and all returned postal ballot papers have been brought to the count
• to provide the figure with which the count outcome should reconcile

You should keep both purposes in mind when conducting the verification process.

Ensuring accuracy at the verification stage is crucial to ensuring a timely count. If the verification figures are wrong there will be a variance against the count figures which will need to be resolved and risks significantly slowing the overall process.

The correct and orderly receipt of ballot boxes and materials from polling stations is a key component of an accurate verification process. You need to decide on the most effective arrangements for the receiving of ballot boxes and other materials.

Making assumptions on the timings for the delivery of ballot boxes will help to ensure that:

• staff receiving ballot boxes from polling stations will be able to alert you if any box(es) are overdue as this may indicate a problem either for an individual Presiding Officer or a wider problem affecting a number of Presiding Officers 
• your estimated timings for the completion of the verification stage are informed by your estimated timing of when the last ballot boxes for the poll are likely to arrive

You should be able to estimate when each ballot box is expected to arrive at the verification venue, while recognising the potential for delays as a result of possible queues at the polling station at the close of poll or other factors such as adverse weather etc. Your analysis of previous polls will provide valuable information to assist and there are also many websites and apps that will calculate the time it takes to travel between a polling station and the verification venue.

You can also establish the average time it takes for a Presiding Officer to complete the relevant forms and package up materials following the close of poll by considering previous polls or by carrying out an exercise to time the process in practice.

You should be aware of any live issues which may affect the transportation of ballot boxes to the verification venue, for example severe weather or road closures, and will need to decide what contingency measures are appropriate. You will need to monitor the situation on polling day and be able to take operational decisions to deal with situations as they may arise, such as vehicle breakdown. You will also need to decide what communication protocols will be in place for drivers to alert you to any delays.

The provision to allow those in queues at the close of poll to cast a vote could potentially cause delays if polling stations are operating beyond 10pm. You need to decide what mechanisms you are going to put in place to minimise any delays should this situation occur. You should also have in place communication protocols so that you can be immediately alerted in the event of queues arising. This will enable you to make an early assessment of the likely delay and adjust the verification as necessary, for example by re-allocating resources.

You will need to ensure that where Presiding Officers are delivering their ballot boxes directly to the verification venue that they can do so securely and efficiently so that the verification and counting processes can be commenced as quickly as possible.

You will need to consider the geography and transport links of the electoral area and the particular characteristics of the chosen venue (for example, car parking, access roads, etc.).

Using collection points

Other options may be to either collect polling station materials directly from the polling stations or for Presiding Officers to deliver to other locations (collection points) and then transport the materials in bulk to the verification venue. You will need to decide if the use of collection points may speed up overall receipt of the polling station materials at the verification venue.

If you adopt this approach, you will need to put in place robust arrangements to ensure the correct and orderly receipt of ballot boxes and materials from polling stations at the collection points. If possible, staff receiving the ballot boxes should also undertake a cursory check of the ballot paper accounts, including the basic arithmetic, before the Presiding Officers are allowed to depart. The ballot boxes and other materials from polling stations would then need to be securely transported to the verification venue.

For more information see our guidance on ensuring the security of ballot papers and other materials.

If you decide to use collection points a further check that everything delivered to the collection points by Presiding Officers has also been received at the verification and count venue would be advisable. You will need to include the time it would take to complete these checks when calculating the potential efficiencies of using collection points and weigh up these factors in reaching any decision.

Number of ballot boxes

You will need to plan for how many ballot boxes you will receive at the verification and count. This will be determined by your calculation of how many ballot papers a ballot box can hold depending on the size of the ballot paper or ballot papers and therefore how many ballot boxes will be supplied to polling stations. For more information see our guidance on equipment and materials to be provided for the polling station.

In conjunction with your police single point of contact (SPOC), you should decide how you will ensure that ballot boxes and other materials are transported securely to the verification and count.

As part of this, you will need to assess if you have any areas of high risk which may, for example, require a police escort, security van or additional personnel to transfer the ballot boxes from the polling station to the verification venue/collection point following the close of poll.

Security in transit

You should ensure that Presiding Officers are clear about the rules and processes following the close of poll, including in relation to sealing the ballot boxes. Guidance on this is contained in the Commission’s polling station handbook. You can find the polling station handbook on our resources page.

You should make clear to Presiding Officers that they should never leave the ballot boxes or other materials unattended and that, if they themselves are delivering the ballot boxes and materials to a collection point or the verification venue, that they should take steps to ensure their security throughout the journey, for example by locking their car doors and following any specific police advice.

If the venue for counting the votes is different from the verification venue you must seal the relevant ballot papers into ballot boxes or another suitable container, and allow agents to attach their seals. You must comply with any requirements in the election rules such as endorsing a description of the area to which the ballot papers relate on the ballot boxes and ensuring that all the required materials and paperwork are delivered to the count venue along with the ballot papers.

Whether Presiding Officers are required to transport the ballot boxes to the verification and count venue or hand them over at a drop off point, you should make clear to the staff receiving the ballot boxes that no Presiding Officer should be allowed to leave until their ballot box(es) and all of the documents and packets have been received and checked off by the designated staff member and, wherever possible, a cursory check of the ballot paper account has been made. You should instruct staff receiving ballot boxes to ensure that they have the ballot paper account for each ballot box.

If Presiding Officers are bringing multiple ballot boxes to the verification venue / or collection point, you should provide staff to assist the Presiding Officer in transporting all ballot boxes and accompanying materials into the verification venue or collection point in one trip.

You should also record the time of arrival of each ballot box, so you can use this information for future reference.

Your process should ensure that anything missing can be quickly identified and action can be taken to locate the missing items.

You will need to ensure you have processes in place to ensure a level of security of personal data included on the ballot papers and other paperwork from the polling station.

You should collate the details of all the polling stations in advance, together with the names and mobile phone numbers of each Presiding Officer, so that you can easily contact Presiding Officers in the event of any problems.

Presiding Officers should record any issues for you to consider, if required, at the verification and count.

Your team of staff receiving materials from polling stations should use a checklist to ensure that all ballot boxes and ballot paper accounts are accurately accounted for, as well as any packets containing postal votes handed in at polling stations.

We have prepared a checklist for you to print out and use during the verification. You can find the checklist in the verification and count section of our resources page.

You should have a team of trained staff responsible for registering receipt of every ballot box, the postal votes and the other materials that have been delivered from polling stations.

You should organise the packets and parcels from polling stations in such a way as to enable easy location of any packet.

The sacks containing the documents that need to be stored, such as sealed corresponding number lists, should be separated from those containing items that will be reused, such as general stationery items.

You can then release the various materials received back from polling stations to the receiving staff to the relevant teams, to enable the verification of the unused ballot papers and the opening of postal votes to commence. These processes can run simultaneously to the verification of used votes.

The following table summarises the action you should take for each type of sealed packed received:

In line with your document retention policy, you should ensure that:

• the materials that you must keep sealed are placed in a designated and secure area for the duration of the verification and count
• any personal data is destroyed at the appropriate time

You should bring any postal ballot papers previously received, opened and processed to the verification and count venue in sealed ballot boxes, with an accompanying ballot paper account for each postal ballot box.

You need to decide on the most effective arrangements for the delivery and receipt of sealed boxes of postal ballot papers from all of the postal vote opening sessions.

Staff receiving the postal ballot boxes should use a checklist to ensure that all postal ballot boxes and postal ballot paper accounts are accurately accounted for.

You must verify all packets and ballot boxes containing postal ballot papers in the same way as any ballot box from a polling station.1 As these will often be some of the first boxes being verified, they present an opportunity to create confidence in the process and in the count as a whole.

You should take all necessary steps to ensure the security of ballot papers and relevant stationery from the close of poll through to the declaration of the results, particularly where ballot papers need to be transported from the verification to the count or where a break in proceedings means the ballot papers need to be stored between the conclusion of the verification and the commencement of the count.1

If you need to store ballot papers, you must store them in sealed ballot boxes in a secure place, allowing agents to attach their seals to the ballot boxes.2 You should always open the sealed ballot boxes in clear view of any candidates and agents present, so they can satisfy themselves that nobody has interfered with the ballot papers and the ballot boxes.

You should make arrangements for how the ballot papers and other materials will be kept secure once they arrive at the verification and count venue(s), for example, by ensuring they are never left unattended.

These plans should also include the security of those materials that you must keep sealed (such as the corresponding numbers list), either by staff watching the materials or by securing them in a locked room.

You can liaise with your local police Single Point of Contact (SPOC) when deciding on the most appropriate method for ensuring secure storage and you should also brief candidates and agents about your arrangements, so that they can have confidence in the integrity of the count.

You will also need to ensure any personal data is destroyed at the appropriate time, in accordance with your document retention policy.

Where there is a break in proceedings, you will need to seal ballot papers in ballot boxes or another suitable container and store them securely during the break.

On completion of the verification, you must place the ballot papers for any contests which are not being counted immediately after verification into ballot boxes which are then sealed. You must allow any agents present to attach their seals.1

In order to ensure the security of the ballot papers you could consider:

• storing them in sealed ballot boxes in a locked room, ensuring that you have control of all the keys to that facility
• arranging for security staff to guard the ballot boxes at all times until the verification/count resumes

You should liaise with your police Single Point of Contact (SPOC) when deciding on the most appropriate method for ensuring secure storage.

Once the verification/count has resumed, you should open the sealed ballot boxes in clear view of any candidates and agents present, so they can satisfy themselves that nobody has interfered with the ballot boxes or ballot papers.

Occasionally incidents occur during verification and count which may require the evacuation of the venue, either permanently or until the situation has been resolved.

Obviously, in these circumstances, the safety of attendees is paramount but certain situations may not pose an immediate risk to the safety of staff. Having pre-prepared evacuation plans in place can help to maintain the integrity of the verification and count processes and the security of the ballot papers.

In the case of an urgent evacuation it may be possible to secure the ballot papers which are still on the tables by locking up the venue or storing them within a locked room in the venue. In that case, you will need to have control of all the keys to that room or to the venue. If you have more time it may be possible to place the ballot papers in ballot boxes and then seal the ballot boxes (inviting agents to affix their seals if possible) and then securing the sealed boxes within the venue.

Sometimes the situation will mean that if the ballot papers are left in the venue they are likely to be damaged. In these situations it may be possible for the ballot papers to be secured within ballot boxes and removed from the venue by staff and taken to a place of safety until the verification and count can resume. In these circumstances, you will benefit from having a clear protocol for sealing the ballot papers within ballot boxes and clear labelling of those boxes. You should also consider how you would ensure the secure transportation of ballot boxes and their subsequent storage in these circumstances.

As the CRO, you are responsible for the verification of the Scottish Parliament election ballot papers.

The verification of the used, unused and spoilt ballot papers is a legal requirement,1 and is central to the declaration of accurate results.

The ballot papers must be sorted into their respective contests and the verification procedure completed for each of them.

If electors have been asked to place their ballot papers in separate ballot boxes for each contest, the different ballot boxes should be verified at the same time, either simultaneously at adjacent tables or one after the other at the same table and any ballot paper place in the wrong box should be moved to the correct ballot box.

You must verify each ballot paper account and draw up a statement as to the result of the verification.2 This is a record of the number of ballot papers expected and the number of ballot papers counted, along with an explanation for any variances.

As with all aspects of the verification and count process, transparency is key and the process followed should be clear to all present.

They key stages of the verification process are as follows:

Cross-checking processes

It is easy for simple arithmetic or transposition errors to be made, particularly when people become tired. You therefore need to put in place processes to mitigate against this risk, such as ensuring that the recording of figures and every calculation is checked by more than one person.

The ballot papers are placed into bundles at various stages of the verification and it is important that procedures are put in place to double-check that the bundles have the correct number of ballot papers in them and, at the count stage, that they contain no more votes than the maximum allowed. This will be crucial to the accuracy of the verification and count.

You should make staff aware of this during briefings/training and senior staff should be alert to this at all times and intervene immediately if this is not being done.

If a ballot paper account does not reconcile, you should undertake the procedure as outlined in the following table and document the outcome on the verification statement:

We have produced a checklist for the steps to take when dealing with ballot box variances.

You can find the checklist in the verification and count section of our resource page.

Verification can only be completed once postal ballot papers, including those received at polling stations have been opened and processed, and have been through the verification process.1

Verification statement

You must ensure that the verification statement containing the result of the verification of each ballot box is completed.2

The statement must in each case include the total number of postal ballot papers verified and the total number of ballot papers verified for the poll.3 You should sign the statement.

Any agent present may make a copy of the statement as to the result of the verification and to promote confidence in the result you should make copies available for the agents present once verification has been completed.

In line with the agreed protocol, you must send a copy of the statements to the RRO. The RRO will provide you with guidance on how this should be done.

The verification statement is a key communication tool that will help to ensure that candidates and agents are confident that the processes at the verification and count are transparent and that they will produce an accurate result.

Count staff should arrive at the times agreed by you in advance and should check the count stationery and equipment is present, using our checklist to assist. You should ensure that staff are checked in and that you brief them as necessary to ensure smooth delivery of the count.

The counting of votes must begin as soon as practicable after the close of the poll.1

You do not have to wait until you have completed the verification before you can start counting the votes.

If you are starting the counting of votes before the completion of the verification process, you should ensure that you always have one box containing verified ballot papers available at the end of the verification process for that contest, so that you can comply with the requirement for mixing the ballot papers from one ballot box with the contents of another.2

You must open all boxes in full view of any candidates and agents that are present.1 When a box has had a seal attached by an agent, particular care should be taken to show to any agents present that this seal is still intact prior to it being broken.

All count processes should be transparent. You should provide appropriate opportunities for those who are entitled to observe and to object to doubtful ballot paper adjudication decisions. This should include ensuring that bundles of counted ballot papers are stored in full sight of counting agents in a way which allows them to monitor progress throughout the count.

Mixing

You must mix the ballot papers so that ballot papers from each ballot box are mixed with ballot papers from at least one other ballot box, and mix the postal ballot papers with ballot papers from at least one ballot box before sorting and counting the votes.2

You should keep the ballot papers for each contest separate from each other. 

Sorting and counting

Ballot papers must be kept face upwards throughout the counting process in order to prevent the ballot paper number and unique identifying number (UIN) on the back of the ballot paper being seen.3 The ballot papers should be visible at all times to any candidates, agents and observers present.

Counting assistants should sort the ballot papers into votes for each candidate or registered political party (as appropriate). Any doubtful ballot papers should be placed aside for adjudication.

The number of votes given for each candidate or registered political party should then be counted and placed into bundles of a predetermined number, e.g. bundles of 10, 20, 25, 50 or 100.

A slip or card bearing the name of the political party or the individual candidate’s name, together with the number in the bundle, should be attached to the front. It may be helpful to colour-code the slips. The bundles should then be recounted by another counting assistant in order to ensure the accuracy of the bundle.

Supervisors should flick through the bundles in order to ensure that all of the votes in the bundle are marked in the same way.

It is unlikely that the number of votes in the final bundle will equal the predetermined bundle number, and so a note should be made of the number of votes in those incomplete bundles and attached to the front of the bundle.

You should adjudicate doubtful ballot papers regularly as the count proceeds. The adjudication of doubtful ballot papers should not be left until the end of the count.

If you plan to use more than one area for adjudication, you must clearly announce this to those entitled to observe the process.

You should have regard to the Commission’s booklet on doubtful ballot papers throughout the adjudication process. The booklet contains examples of allowed and rejected votes and the key principles to be followed in the adjudication of doubtful ballot papers.

You can find the booklet in the verification and count section of our resource page.

Examples of allowed and rejected ballot papers are also set out on the doubtful ballot paper placemats which you should have on display at the count for candidates, agents and observers to refer to. There are different versions of the doubtful ballot paper placemat to be used at the election, one for constituency contest and one for the regional contest.

You can find the placemats in our verification and count section of our resource page.

Adjudicating doubtful ballot papers

When adjudicating doubtful ballot papers, you should:

• always be clear and consistent
• take time to ensure that a considered decision is given in every case
• determine whether the intention of the voter clearly appears 

As part of this, you will need to:

• consider the whole of the ballot paper
• consider whether the way a ballot paper has been marked means that:
  • at the constituency contest, a vote for one candidate is clearly apparent
  • at the regional contest a vote for one party or individual regional candidate is clearly apparent

Rejected ballot papers

The legislation provides that you must reject a ballot paper:1

• that does not bear the official mark (not the unique identifying number)
• on which anything is written or marked by which the voter can be identified (except the printed ballot paper number or other unique identifying number)
• that is unmarked or void for uncertainty
• on which votes are given:
  • at the constituency contest, for more than one candidate 
  • at the regional contest, for more than one registered party or individual regional candidate, or for a registered party and an individual regional candidate

However, unless the way the ballot paper is marked identifies the voter, a vote is marked in the following ways must not be rejected if the voter’s intention is clear: 

• elsewhere than in the proper place
• otherwise than by means of a cross, or
• by more than one mark2

In addition, ballot papers may require further consideration where there is:

• anything unusual about it, for example, any ballot paper that appears to have been altered, either with a clearly different writing instrument or with correction fluid
• any tears or damage

Ballot papers that are torn or damaged are able to be accepted as a valid vote, as long as the paper still contains the official mark and the intention of the voter is clear and none of the grounds for rejection apply.

For more information see our guidance on how to deal with cut ballot papers at the postal vote opening.

Those that are subsequently declared as valid must be counted and included in the total number of votes cast for the appropriate candidate or party (as applicable).3

Recording rejected ballot papers

Your decision on any question arising in respect of a ballot paper is final and can only be challenged by way of an election petition.4

You must draw up a statement for each contest showing the number of ballot papers rejected and for what reason.5

You should therefore have a system in place throughout the adjudication process for sorting the rejected ballot papers into the following headings: 

• want of official mark 
• writing by which the voter can be identified
• unmarked or void for uncertainty
• at the constituency contest, voting for more than one candidate 
• at the regional contest, voting for more than one registered party or individual regional candidate, or for a registered party and an individual regional candidate

You should have regard to the Commission’s guidance and any additional guidance issued by the RRO or the EMB to ensure accurate and consistent categorisation of rejection for reporting on the statements.

You must ensure that you mark each rejected ballot paper with the word rejected6 and the words rejection objected to must be added if a counting agent objects to your decision.7

Although observers should be able to observe this process, unlike agents, they do not have the right to object to the rejection of a ballot paper.

A copy of the statement of rejected ballot papers should be placed in the package for rejected ballot papers.

Once all of the ballot papers have been sorted and any doubtful ballots adjudicated, the key task of reconciliation can begin.

You must count all of the bundles and part bundles of ballot papers showing a valid vote for each candidate or party (depending on the contest).1

You must then add the total for each candidate or party to the total number of rejected ballot papers. This figure should match exactly the figure giving the total number of ballot papers obtained at the end of the verification process.

If the two figures agree you should proceed to the process of consulting the candidates and agents who are present on the provisional result.

If the figures do not agree you should follow the procedure for unreconciled results. 

Procedure for unreconciled results

You should be satisfied that any result, or totals (as appropriate) reflects the ballots received. If the figures do not reconcile you should take steps in order to try to identify and rectify the discrepancy such as:

• checking the storage area and check to ensure that all ballot boxes have been opened and are empty
• checking all floors and surfaces for ballot papers that may have been dropped in the count venue
• re-checking the verification figures and reconciliation for calculation mistakes
• ensuring that all rejected ballot papers have been accounted for
• checking that all bundles and part bundles have been counted
• consider recounting the ballot papers in the bundles

You should also carry out and keep and audit trail of any other checks you deem necessary.

You should be satisfied that the number of votes for each candidate or party (as appropriate) is accurate before proceeding to a provisional result.

All processes should be undertaken within the framework of maximum openness and transparency implemented throughout the various stages of the count so that all candidates and agents can have confidence in the processes and the provisional result provided.

Once satisfied, you should advise candidates and agents of the provisional result and seek their agreement on the announcement of the result. You should make it clear that candidates and agents are entitled to request a recount.1

In addition, for the regional contest, you should make it clear that it is not possible to request a recount at the regional level, only at the constituency level.

You must give the candidates and agents sufficient time to digest the provisional result before proceeding with the declaration.2 It is at this point that candidates and agents may request to have the votes recounted, or following a recount, recounted again.3

You must consider any recount request but may refuse if, in your opinion, the request is unreasonable.4 You may, however, consider offering the candidates and agents the opportunity to inspect the bundles of the ballot papers as a means of reassuring them that the result is accurate.

Recount procedures

If you agree to recount the votes, you should inform the candidates and agents present before the recount commences and brief them on the processes you are going to follow. As with the original count, you should carry out any recount in full view of those present. You are entitled to reconsider which ballot papers should be rejected during the recount (or any further recount).5

You should inform the RRO that a constituency recount is taking place, making the RRO aware will ensure that they can communicate what is happening to those present at the allocation of regional seats.

You should consult the candidates and agents on the revised provisional result in the same way as they were consulted on the provisional result at the conclusion of the original count.

It is possible to have more than one recount. Again, it is for you to consider any request, and you may refuse if in your opinion the request is unreasonable.

Constituency contest

When two or more candidates have the same number of votes and the addition of a vote would entitle one of those candidates to be declared elected, you as the CRO must decide between the candidates by lot.1

The method of drawing lots is for you to decide. Examples of types of lot include:

• ballot papers, each marked with a vote for one of the candidates with the same number of votes, placed in a container, such as an empty ballot box, mixed around, and then one drawn by you
• slips of paper with the candidates’ names on them, placed in sealed envelopes, shuffled and then drawn by you

You should make an announcement that you intend to proceed with the drawing of lots, explaining precisely what is about to happen and the method to be used. Candidates, agents, Commission representatives and accredited observers should be present during any preparation and the actual drawing of lots.

For example, if you use the first method described above, you should, in full view of any candidates and agents, and in the presence of Commission representatives and accredited observers, fold and place a previously counted ballot paper for each of the candidates with the same number of votes in an empty ballot box.

An assistant should raise the box to a height where you are unable to see the papers inside the box, but are still able to reach inside to pick one. After mixing, you should draw one of the ballot papers from the box, open it, and read out loud the name of the candidate with the vote marked against their name. That candidate is then adjudged to have been allotted an additional vote.

Similar preparations should be made should you decide to use any other method of drawing lots.

A statement should be added to the notice of constituency result to the effect that: 

• following an equality of votes, lots were drawn and, as a consequence, an additional vote was allotted to candidate [insert candidate’s name]

There is no requirement to draw lots where one candidate is elected by a majority of votes and the equality of votes is between other candidates who are not in first place and therefore cannot be elected.

Regional contest

If two or more parties and/or individual regional candidates have polled the same number of votes in the constituency, there is no requirement for the CRO to draw lots.

You should explain to the candidates and agents that the totals for the constituency will be transmitted to the RRO for inclusion in the calculation to allocate the regional seats.

When planning for the declaration of the local results you should:

• decide on the exact location in the count venue where public announcements and declarations will take place and who will be on the platform at these times 
• ensure the platform is accessible for all 
• consider if you could make use of display boards to provide a suitable backdrop for the announcement of results
• check any equipment you will use before the proceedings begin
• double-check that the result is accurate, and that it is written in the form of words for oral delivery in order to avoid any errors - you may need to repeat the declaration so that those in attendance are able to hear the detail clearly, particularly where there is noise from those attending

Make sure you follow the requirement to draw up a final statement and make a declaration of the local totals and the details of the rejected ballot papers under each heading

Constituency contest

As CRO, you must prepare a statement setting out:

• the total number of votes given for each candidate
• the description (if any) of each candidate
• the number of rejected ballot papers given under each heading1

Once the statement is prepared you must declare the result of the constituency contest2 and then notify the RRO of the result.3

When a candidate has used their commonly used name to stand in an election, you should use both their full name and their commonly used name when declaring the result.

However, there is no legal requirement to use both their full name and commonly used name, and you can decide on the approach to take when declaring results. Whichever approach is followed, you should ensure that you apply it consistently for all candidates and undertake any additional checks necessary on verification and count paperwork to ensure that candidates’ names appear in the same order as listed on the ballot paper.

Once the result is declared, it is final and cannot be amended. You should therefore take care to ensure that the result you declare is accurate.

However if you make an error in your oral announcement you can correct this, provided it is done immediately.

Regional contest

As CRO, you must prepare a statement, setting out the total number of votes given for each party and individual candidate and the description (if any) of each party or individual candidate and, the number of rejected ballot papers given under each heading.4

Once the statement is prepared and after submitting the results for the regional contest in your constituency to the RRO, you must then announce the local result for the regional contest in your constituency.5

For more information on declaring the regional results see our results collation guidance.

As RRO, you should ensure that you put in place a results collation process to enable you to collate the information you need from CRO across the region in order to be able to calculate the regional result and allocate the seats.1

If you are also the RRO, the same principles of transparency, accuracy, timeliness, integrity and communication set out in the planning for the verification and count should underpin the planning for and delivery of the results collation.

It is for you to determine how best to manage this process in your region. Your project plan should include plans to deliver the calculation of the result and the allocation of seats. Whatever processes and systems you use, you should ensure that they meet the principles for the verification and count.

You should decide on the process and mechanism you will use to collate constituency and regional results from CRO in order to calculate the regional result and carry out the allocation of seats. You should also consider what you may need to put in place to support these processes, including protocols, mechanisms and systems, and ensure that they are followed consistently and build contingencies into your plans in case any facility, building or technology that you intend to use becomes unavailable.

You should liaise with CROs in planning and developing the process for collating constituency and regional results, and provide them with guidance on how this will work in practice. You should produce and share in advance with CROs templates of all documents which you will require them to complete during the collation of results (whether electronically or in hard copy) to ensure that all information is recorded and transmitted in a consistent way and to provide a clear audit trail.

You should also make arrangements for testing the process and any supporting systems you intend to use, which should include at least one rehearsal of the process involving your staff and CROs and their staff in order to ensure that everyone involved understands and is familiar with how the process works and what their responsibilities are, and to enable any issues to be identified and resolved before the event itself.

The time it will take for all CROs in the region to complete their election counts will directly impact on the timing of the results collation. When developing your assumptions for the timing of the results collation you will need to consider relevant practical factors such as:

• the geography of the electoral region as a whole 
• the number of constituencies within the electoral region

You cannot start the allocation of regional seats until you have received both the constituency and regional results from all CROs in your region.

You should liaise with the CROs in your region to develop an estimate of their expected finishing times.

This information will feed into your planning assumptions about the timing of the allocation of regional seats and declaration of the regional result and will therefore help you to manage expectations of parties, candidates, agents and the media.

You should ensure that you have the appropriate resources in place to enable the results collation to be administered effectively, with the allocation of regional seats completed in a timely way once you have received the constituency and regional results from all CROs in your region.

You should ensure that all results collation processes are transparent and carried out in full view of those who are entitled to attend, with information provided to attendees on the processes to be followed. You must give notice in writing to the election agents and to each CRO in your region of the place and time at which you will carry out the results collation, together with any such other information as you consider appropriate.1

You must give those entitled to attend reasonable facilities for overseeing the results collation. You should also ensure that anyone else who is entitled to attend has an unrestricted view of the proceedings, while also ensuring that they will not be able to interfere with the work of your staff.

The following people are entitled by law to attend:

• you and your staff
• individual regional and party list candidates (and one person chosen by each of them)
• election agents (or a person acting on the election agent’s behalf) 
• the Nominating Officer for a party list 
• counting agents
• Commission representatives
• accredited observers
• any other person permitted by you, as RRO
  • you need to be satisfied that it will not impede any part of the process and you have consulted the election agents in advance or thought it impracticable to do so

There is no requirement for those attending to arrive by a certain time, and so those entitled to attend should be admitted whenever they arrive. This process should also allow any attendee who wishes to leave and return later to do so.

You should provide lists of those persons entitled to attend at the entrance to the results collation and instruct security staff to check the tickets or passes of anyone seeking to attend.

However, security staff should also be briefed that Commission representatives and accredited observers do not need to provide advance notification of where they intend to observe and therefore may not appear on their list but are nevertheless entitled to attend on production of their observer or Commission representative identification badge.

You should for health, safety and security reasons, record the names of everyone who actually attends the results collation.

You must make arrangements for calculating and allocating the regional seats1 as soon as practicable after you receive the statement of regional results and notification of the elected constituency candidate from each CRO.2

You must calculate the total number of votes given for each political party and individual regional candidate by adding together the votes given for each registered party or individual regional candidate in all constituencies in the region.3

You must also calculate the number of constituency seats won in the region by each party.4

You must allocate the seats within the region based on a calculation using the modified d’Hondt formula.5

The modified d’Hondt formula sees the number of votes cast in the regional contest for each party or individual regional candidate divided by the number of constituency seats they have gained plus one.

The first regional seat is allocated to the party or candidate who has the largest figure after you have performed this calculation. To allocate the second to seventh regional seats, the calculation is repeated, but each time the number that the regional vote figure must be divided by will be the total number of seats already won (regional and constituency), plus one.6

The seats each party is entitled to are filled by the candidates in the order in which their names appear on their party list.

Individual regional candidates will win a seat if their total is the highest at any stage in the calculation. If they win, they are removed from the rest of the calculation as they cannot win a second seat.

Once an individual candidate has been allocated a seat, or a party has been allocated as many seats as there are candidates on its list, they are removed from the calculation for the allocation of the remaining seats.

The following table gives a worked example:

If two or more parties and/or individual candidates are tied at any stage where a seat is being allocated, see our guidance on equality of votes at the regional contest.7

Seats won by each political party are allocated to candidates in the order in which their names appear on the list submitted by that party at nomination.

Where every candidate on a party list is allocated a seat, that party is removed from any further calculations of the remaining seats.

Provisional results of seat allocation and recalculations

You must show each individual regional candidate and their election agent and the election agent for a party standing in the region (or, in their absence, a candidate on the party’s list) who are present on conclusion of the calculation, the provisional result of the allocation and offer them the opportunity to request that you make a recalculation before you declare the result.8

You may refuse any such request if, in your opinion, the request is unreasonable.9 You should be transparent in showing your working and should explain the way the calculation works to the candidates and agents present.

You should also explain that candidates and agents are not permitted to request a recount of votes at this stage.10  

If two or more parties and/or individual regional candidates are tied with the highest totals at any stage where a seat is being allocated, the following rules must be applied:1

• if there are enough seats yet to be allocated, all the tied parties and/or individual regional candidates must be allocated a seat2
• if there are not enough seats, you must restart the whole calculation for the region from the beginning, but before doing so you must add one vote to the number of votes given for each party or individual regional candidate who were tied. You should record this fact in your result notice3

If this would still result in two or more parties or individual candidates having the highest regional figure you must decide between them by lot. For more information see our guidance on equality of votes.

Having completed all of the required processes for the calculation and allocation of seats, you must make a declaration stating which political parties and individual regional candidates have been allocated seats.1

In the case of political parties, you must also give the name of the party list candidate who will fill each seat. As soon as practicable, following the declaration you must also provide public notice as to the result of the election.

You must give public notice that includes the following information:

• the name of any individual candidate elected
• the name of any candidate elected who was included on a party’s list together with the name of the candidate’s party
• the total number of votes given for each individual candidate or party
• the number of rejected ballot papers under each head as shown in the statement of rejected ballot papers
• in the case of a party, the names of any candidates remaining on the party’s list who have not been declared elected

For more information see our guidance on declaring the results.

The Scottish Parliament Information Office has requested that CROs provide them with a copy of, or link to, the declaration of results from constituency and regional contests respectively. This information should be provided as soon as possible after the declarations have been made to [email protected].

The Scottish Parliament Information Office has requested that RROs provide them with a copy of, or link to, the declaration of results from constituency and regional contests respectively. This information should be provided as soon as possible after the declarations have been made to [email protected]. 

This guidance is designed to support you with the activities you are required to complete after the declaration of the result.

You will find guidance on the immediate actions you need to take with regard to giving formal notice of the results, guidance to support you in managing the storage and retention of election documents as well as information on access and supply.

We have included contact information in relation to accounting for the election, details about the collection of candidates’ election spending returns, and the actions required with that process.

Finally, this guidance includes information about challenges to the election result and the petition process.

Following the declaration of the results you must give public notice of those results.

When a candidate has used their commonly used name to stand in the election, you should use both their full name and the commonly used name on the notices to provide transparency regarding the candidates standing for election.1

However, there is no legal requirement to use both their full name and commonly used name, and you can decide on the approach to take when declaring results. Whichever approach is followed, you should ensure that you apply it consistently for all candidates and undertake any additional checks necessary on verification and count paperwork to ensure that candidates’ names appear in the same order as listed on the ballot paper.

Constituency election

You must give public notice of:2

• the name of the candidate elected (and authorised description if any)
• the total number of votes given to each candidate
• the number of rejected ballot papers under each of the heads shown in the statement of rejected ballot papers

After submitting the regional totals for your constituency to the RRO, you should also give public notice of these totals.

The results for the Scottish Parliament regional contest are declared by the RRO. The RRO should provide a copy of the notices for you to publish locally.

Regional election

If you are also the RRO, you must give public notice of:3

• the parties which seats have been allocated to and the names of the candidates on the party list who are to fill those seats
• the name of each individual regional candidate elected
• the total number of votes given to each party and individual candidate
• the number of rejected ballot papers under each head, by constituency under each of the heads shown in the statement of rejected ballot papers in the case of a registered party, whether there are candidates remaining on that party’s list who have not been elected

Publication of the notice of result

You should ensure that the notices are made available to all interested parties as soon as possible, and you must publish them in a conspicuous place in the constituency. This should include local council offices, notice boards, libraries and on your local council’s website.

If you are also the RRO you must provide a copy of the notice of result for the regional election to CROs for them to publish locally.4

For each contest, a copy of the relevant certificate should be sent to the Clerk of the Scottish Parliament as soon as possible.

The Clerk of the Scottish Parliament has requested that you send a digital copy of the completed signed certificates, either as a scanned image or a PDF to [email protected] as soon as possible after the declaration of results.

The Clerk will accept scanned copies of the signed returns certificates on behalf of the Clerk/Chief Executive’s Office.

Constituency election

After the declaration of the constituency election result, you must complete the prescribed certificate of election. The certificate must state:1

• the full name of the successful candidate
• in the case of a successful party candidate, the name of the party
• the address of the successful candidate

Regional election

If you are also the RRO, after the declaration of the regional result, you must complete the prescribed certificate of election. The certificate must state:2

• the full name of each successful candidate
• in the case of successful party list candidates, the name of the party
• the address of each successful candidate

Constituency election

You must return the £500 deposit made by or on behalf of a candidate in a constituency contest if the candidate polled more than 5% of the total number of valid votes cast in the constituency.1

You must return the deposit to the person who made it no later than the next working day after the result of the election is declared.

If you are returning a deposit by cheque, it is treated as being returned on the day on which the cheque is posted.

Regional election

If you are the RRO, you must return the £500 deposit made by or on behalf of an individual regional candidate or a party in the regional contest if the individual candidate or party polled more than 5% of the total number of valid votes cast in the region.

The deposit will also be returned if a regional list or individual regional candidate is allocated a seat, even if they have not obtained more than 5% of the total number of valid votes cast in the region.2

You must return the deposit to the person who made it or, in the case of a party list, to the registered Nominating Officer of the party, no later than the next working day after the result of the election is declared.

If you are returning a deposit by cheque, it is treated as being returned on the day on which the cheque is posted.

Forfeited deposits

Candidates or parties who do not poll more than 5% of the total number of valid votes cast, or are not allocated a seat at a regional contest, forfeit their deposits to the Scottish Consolidated Fund. The Scottish Government will provide information on where to send forfeited deposits.

It is your responsibility to retain election documents after the poll.

You should maintain a document retention policy. You should ensure that you do not retain documents for longer than the period specified in your document retention policy and that they are securely destroyed at the appropriate point. Your document retention policy should set out the following for all documents you receive and hold:

• whether the document contains personal data
• the lawful basis on which any persona data was collected (see lawful basis for processing in our data protection guidance)
• your retention period
• your rationale for the retention period

In some cases this will be straightforward since electoral legislation will require a set period for which documents are retained. You can find a list of these documents in responsibility for sealing and retaining election documents. In other cases, you will need to make a local decision and justify this in your document retention policy.

For more information see our data protection guidance for Electoral Registration Officers and Returning Officers.

Election notices published on your website

You will need to consider whether it is appropriate or necessary for the various election notices published on your website to remain there beyond the expiry of the petition period for the election.

Where each notice serves a specific purpose, i.e. advising who will be a candidate at the election, once the election is over, and the opportunity to question that election has passed, they serve no further purpose. Therefore, you should either remove such notices published on your website, or remove the personal data contained in these notices, once the petition deadline for that election has passed.

Data protection legislation does permit personal data to be stored for longer periods if the data will be processed solely for archiving purposes in the public interest, or for scientific, historical, or statistical purposes and subject to the implementation of appropriate safeguards. For election results, for example, you should retain these on your website as they are for public interest and historical and statistical purposes.

Return of equipment

You should make arrangements to return any equipment, such as the empty ballot boxes, to storage.

During this process you should conduct an audit of your equipment, identifying any damaged items for repair or disposal. This will enable you to plan for any replacements you may need to purchase for future polls.

You must seal up the election documents listed below and, on the completion of the counting of ballot papers, you must retain them for one year.

Documents from the polling stations:1

• the packets containing:
  • list of tendered votes
  • list of voters with disabilities assisted by companions
  • declarations made by companions of voters with disabilities
  • list of votes marked by the Presiding Officer
  • statements relating to votes marked by the Presiding Officer
  • list of persons to whom ballot papers are delivered after the correction of a clerical error or as a result of a decision on a court appeal
• marked copies of the register of electors, the marked list of proxies and any marked copy notices issued as a result of the correction of a clerical error or a decision on a court appeal
• the packets containing the completed polling station corresponding number lists
• certificates of employment on duty on polling day

From the postal vote issues and openings:2

• the marked copies of the postal voters’ list and proxy postal voters’ list
• the packets containing the completed postal vote corresponding number lists
• the packets of postal voting statements accepted as valid
• the packets of rejected postal votes
• the packets of rejected postal ballot paper envelopes
• the lists of cancelled, lost and spoilt postal ballot papers
• the packet of spoilt postal ballot papers and accompanying documents
• the packet of lost postal ballot papers containing any part of the postal ballot pack that was not lost and which was returned to you before you issued a replacement
• the packet of postal ballot papers, statements and envelopes that have been cancelled
• the packets of unused postal ballot papers
• the unopened postal ballot packs received after the close of poll or returned as undelivered

You must forward to the relevant EROs for the constituency:

• the relevant parts of the list of postal votes that have failed the identifier checks

You should also forward at the same time your record of any instances where you suspect an offence may have been committed, so that the EROs know in which cases they should not send out a postal vote identifier rejection notice.3

From the count, and separately for each of the contests:4

• all ballot papers separately stored as:
  • counted ballot papers
  • rejected ballot papers
  • unused ballot papers (both ordinary and tendered) and spoilt ballot papers (placed together)
  • used tendered ballot papers.
• ballot paper accounts, the result of the verification of the ballot paper accounts and the statement of rejected ballot papers

The election documentation listed below must be kept securely for one year.

You should make sure that the packing process is as transparent as possible. You should maintain a clear audit trail when packaging the documents as this will help to ensure that retrieval of the documents is facilitated should anyone wish to inspect the public documents.

The packaging and labelling system you use should both provide secure storage and support timely retrieval.

A clear audit trail and transparent process can be achieved by:

• producing clear labels for each packet
  • you must seal all of the relevant documentation in separate packets and mark each packet with a description of its contents, the date of the election and the name of the constituency or region1
  • the labels should state how long the packet is to be kept and when it is to be destroyed (unless otherwise directed by a court order)
  • the labels for documents open to public inspection and for documents that are not open to public inspection should be different. As a minimum, the packets containing documents not open to public inspection should clearly state this fact2

Ensure that you have factored the parcelling up of documents into your planning by:

• covering packing instructions as part of your training for polling station staff, postal voting supervisors and count supervisors
• providing written instructions, this should also help to reduce the risk of documents being packaged wrongly. A template guide to packaging materials at the close of poll is available, which you could adapt and provide to polling station staff
• creating a list of all documents to be retained. You should keep a record of all of the materials that you have a duty to retain and ensure that all of the items are accounted for and delivered securely in accordance with data protection requirements. You should also record the number of parcels you have retained

It is important to ensure that all packets and receptacles containing election documents will be stored securely so that no unauthorised persons can tamper with them.

For more information see our guidance on planning for the verification.

We will request that you send information and data to us relating to the election.

As set out in the EA Bulletin forms for collecting information and data and accompanying guidance notes for completion are available below:

Link to data portal 

Statement as to postal ballot papers

You must complete a statement as to postal ballot papers for the elections.1

These statements are vital for the accounting of postal votes and for ensuring that voters have confidence that their vote will be counted in the way they intended.

The statements should form part of the arrangements that you have in place to maintain a clear audit trail of the postal voting and count processes.

You should complete the statements accurately using the figures recorded at the issue, receipt, opening and verification of postal votes.

For more information see our guidance on keeping records of the receipt and opening of postal votes.

Where to send the statement as to postal ballot papers

You must provide a copy of the completed statement to Scottish Ministers and to the Electoral Commission.2

Statements should be sent to the Commission using [email protected]

The statement must be provided between 10 and 15 calendar days after polling day.3

Separately from the statutory statement as to postal ballots, we collect data on postal voting through our online portal in a single data request alongside other relevant election data, e.g. turnout and rejected ballots. Details for how to provide this information to us is set out above.

You have responsibility for administering the inspection and supply of elections documentations, including the marked registers.

This guidance explains:

• the types of elections documents available for inspection or supply
• the types of elections documents not open for inspection

We have produced an access and supply checklist, which should be used alongside this guidance.

You can find the access and supply checklist in the after the election section of our resource page.

You should ensure that you have processes in place to retrieve data and securely destroy it at the appropriate time in accordance with electoral law and with your document retention policy, which should include the data protection principles.

Disclosure of personal information

If you receive a request to inspect any documents that contain personal data, for example the postal voting statement, you must also take into consideration whether inspection of the completed statement by that individual falls within the remit of their basis for lawful processing.

As a data protection safeguarding measure, it may also be proportionate to redact some personal data, for example the date of birth or signature, before providing the inspection of such documents.

For more information on data protection legislation see our data protection guidance.

For more information on the retention and inspection of candidates’ election spending see our guidance on what you need to do with spending returns.

Any requests to inspect or for supply of the marked register, marked absent voting lists and documentation relating to the election must be made in writing.

You can find the full list of documents open to inspection from postal vote opening sessions, polling stations and the count in our guidance on sealing and retaining election documents.

Election documents not available for inspection

The following documentation is not available for public inspection, except by the Court of Session or the sheriff:1

• ballot papers
• completed corresponding number lists
• certificates of employment on duty on polling day

These documents can only be accessed if the Court of Session is satisfied by evidence on oath that access is required for one of the following reasons:

• for instituting or maintaining a prosecution for an offence in relation to ballot papers
• for the purpose of an election petition

Any appeal to any decision on access by the Court of Session. Applications do not have to be made in open court; they can be made by a judge in open court or otherwise.

The relevant RO will retain the nomination papers. These documents are not open for inspection after the election.

Any person may inspect the marked register and any notices amending it, plus the marked copies of the list of postal voters, the list of proxies, and the list of postal proxy voters and such other documents relating to an election as you are required to retain, except ballot papers, completed corresponding number lists, certificates as to employment on the day of the election, and the list of ballot papers rejected under the verification procedure.1

Any person wanting to inspect the marked register or absent voters list must apply in writing and must state:2

• which register or document they wish to inspect
• whether they wish to inspect a printed or data copy (where appropriate)
• the purposes for which any information will be used
• where the request concerns the marked register or lists, why inspection of the full register or unmarked lists would not be sufficient to achieve the purpose
• who will be inspecting the documents, and
• the date on which they wish to make the inspection

You may refuse to allow inspection of these documents if you are satisfied that the purposes of the requestor can be met by inspection of the full register, in which case you must inform the requestor of this decision and provide information concerning the availability of the full register for inspection.3 Otherwise, the documents must be made available within 10 days of receipt of the application. You must arrange for them to be inspected under supervision.4 Inspection can take place anywhere you choose.

Those inspecting the documents can make copies of the registers and lists using handwritten notes only.5 Laptop computers and other recording equipment may not be used except by police and security organisations listed in our guidance on Election documentation available to police and security organisations.