This guidance aims to provide practical advice for political parties and those who want to stand at Scottish Parliament elections including candidates for Constituency elections, party list candidates and individual candidates for the Regional elections as well as anyone who wants to be an agent.

Standing for election can be complicated, but we hope that our guidance will make it as straightforward as possible. 

We have included relevant factual material as well as links to sources of further information. Each section includes a number of forms and resources, which can be directly accessed via links in the text.

You can find out more in How to use our guidance. 

Election timetable 

We have published a date specific timetable for the Scottish Parliament election below.

If a by-election has been called, you will be able to obtain a copy of the date specific timetable for that election from the relevant Returning Officer.

Data protection

Please note that data protection legislation applies to the processing of all personal data. Please contact the Information Commissioner's Office (Opens in new window) for further information about how the current data protection legislation affects you.

Terms and expressions we use

We use 'must' when we refer to a specific requirement. We use 'should' for items we consider to be minimum good practice, but which are not legal or regulatory requirements.

A constituency candidate stands as an individual in a constituency. They can stand for a party, or as an independent.

An independent regional candidate stands as an independent individual in a region.

We use 'individual candidate' to refer to either a constituency candidate or an independent regional candidate.

A party list candidate stands in a region, on a list of candidates submitted by a party.  

Where the same person stands as a candidate for a party in a constituency and on the party's list in a region, we use 'dual candidate' to refer to these people.

We use 'you' to cover all types of candidates and their agents in this guidance. Where our guidance only applies to a particular type of candidate, this will be specifically stated. 

When we talk about donations, we use 'you' to refer to the person who is responsible at the time for dealing with donations.
 

Our guidance is separated into sections, each of which deals with a different part of the process you will be involved with as a party, candidate or agent for a Scottish Parliament election. 

To help you navigate this guidance we have produced a Q & A document:

Our guidance sets out the stages that parties, candidates and their agents need to go through when standing at a Scottish Parliament election. The areas covered are:

You can contact us for all queries at: 

Email: [email protected] 

Tel: 0333 103 1928
 

Before starting the process of standing for election, potential candidates need to be confident that they meet all of the requirements. They also need to be aware of the rules that apply to candidates relating to spending and donations.

This guidance sets out details of:

• When do you officially become a candidate? 
• Who is responsible for candidate spending and donations?
• Qualifications and disqualifications for standing for election 
• Appointing your election agent and other agents

Access to Elected Office Fund Scotland

The Access to Elected Office Fund Scotland provides financial support to disabled people who want to stand for elected office in Scotland. The scheme provides funding for practical support and reasonable adjustments to remove barriers to their participation in elections in Scotland. For more information please see Inclusion Scotland’s website: https://inclusionscotland.org/disabled-people-become-a-leader/civic-participation/aeo-fund
 

Members of the Scottish Parliament are elected under the Additional Member System (AMS). Under this electoral system, voters are given two ballot papers: one for the constituency election and one for the regional election. 

On the constituency ballot paper, voters are asked to put an X next to the candidate of their choice. 

On the regional ballot paper, voters are asked to put an X next to the party or individual candidate of their choice.  

There are 129 Members of the Scottish Parliament (MSPs) – 73 constituency MSPs and 56 regional MSPs, with 7 regional MSPs elected to represent each of the 8 electoral regions.

For more information on how the votes will be counted see our guidance on the Verification and Count.

Constituency Returning Officers (CROs)

At a Scottish Parliament election the Constituency Returning Officer (CRO) is responsible for all aspects of the administration of the constituency election, including the nomination of candidates at the constituency election, and elements of the regional election which fall within their constituency area, including the conduct of the poll and the count.

The CRO is the Returning Officer responsible for local council elections in that area, and is normally a senior officer of the local authority and independent of the authority in respect of their electoral functions.

Where a constituency covers more than one local authority area, the CRO is appointed by Scottish Ministers through an Order of the Scottish Parliament.

Regional Returning Officers (RROs)

At a Scottish Parliament election the Regional Returning Officer (RRO) is responsible for dealing with nominations for the regional election and for the allocation of regional seats.

The RRO for each electoral region is appointed by Scottish Ministers through an Order of the Scottish Parliament.

Contacting the CROs and RROs

We have produced a list of the names and contact details of both CROs and RROs.

Constituency and Regional Returning Officers will offer briefings ahead of the election and we strongly encourage you or your agent to attend, even if you have been an agent or stood for election before.

The Electoral Registration Officer (ERO)

The Electoral Registration Officer (ERO) is responsible for the register of electors and absent voters’ lists for each local council area. The same person may have been appointed as the ERO for more than one local council area.  You can find the contact details for your ERO on our website. 

The Electoral Commission

We are an independent statutory body established in November 2000 by the Political Parties, Elections and Referendums Act 2000. We are currently headed by ten Commissioners, including a Chair.

We are responsible for registering political parties and non-party campaigners, the monitoring and publication of significant donations to registered political parties and the regulation of party and non-party campaigner spending at certain elections.

We also have a role in promoting voter awareness. We are required to report on the administration of certain electoral events, including a Scottish Parliament election, to keep electoral matters under review and, if requested, must review and report on any electoral matter. We also accredit observers to be present at election proceedings.

We do not run elections but have responsibility for providing advice and assistance on electoral matters to all those involved in elections, including CROs, RROs, EROs, political parties and candidates.

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 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. 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. This guidance contains references to these directions on the relevant pages.

Constituency candidates and individual regional candidates

The earliest you can officially become a candidate is 27 working days before the poll.1

You will officially become a candidate on this day if on or before this date you have already declared yourself a candidate at the election (or another person has declared that you are a candidate).

If, after this date, you or others declare that you will be a candidate at the election, you will become a candidate on the date such a declaration is made, or on the date that you submit your nomination papers, whichever is the earlier.

Party List candidates 

A person standing on a party list will officially become a candidate on the date the party list is submitted to the RRO.

You can start campaigning before you officially become a candidate. For more information see our guidance on campaigning.

For party list candidates, spending to promote your candidacy will be regarded as party campaign spending and will count towards the party’s spending limit. Donations towards your candidacy are also regarded as donations to the party.1

It is the responsibility of the party’s treasurer or campaigns officer (if appointed) to authorise, record and report spending to us after the election.2  For more information, please see our guidance on party spending. The party’s treasurer is responsible for handling party donations.

However, you are responsible for managing and reporting your personal expenses, which are any reasonable travel and living expenses you may incur during the regulated period. These expenses will only count towards the party spending limit if the party reimburses you for the personal expenses.3

You may also have to report certain donations if you are a holder of elected office. Guidance on this can be found in the section on donations.

Candidates and their agents must follow certain rules about how much they can spend, who they can accept donations from, and what they must report after the election.

The election agent has the main responsibility for complying with these rules, even if they appoint a sub-agent to help you with your expenses.

However, after the election, both the candidate and the agent must sign declarations to say that their spending and donation return is complete and correct to the best of their knowledge and belief.

This means that candidates also need to be fully aware of the law.  

Spending

The rules apply to spending on activities to promote your candidacy, or to criticise other candidates, during a particular period in the run-up to the election. This period is called the ‘regulated period’. When we use the term ‘regulated period’ we mean the time when spending limits and laws apply.

Candidate spending includes any spending incurred, whether on goods, services, property or facilities, for the purposes of the candidate’s election during the regulated period.

By ‘incur’ we mean make a legal commitment to spend money, such as confirming an order.

This includes:

• items or services bought before the regulated period begins, but used during it
• the value items or services given to you free of charge or at a non-commercial discount of more than 10% - known as ‘notional spending’

There are rules covering:

• who can authorise spending and pay for items and services
• how much you can spend
• which activities count towards your spending limit
• deadlines for receiving and paying invoices
• what records you must keep
• how and when you report your spending

Candidate spending is often known as ‘expenses’. Sometimes, people think this means that spending can be reclaimed from the local council, from Parliament, or from us, the Electoral Commission. This is not the case. You are not entitled to recover any spending from public funds.

You can find out more about reporting candidate spending after the election in candidate spending.

Donations

Candidates can only accept donations of money, items or services towards their campaign spending from certain mainly UK-based sources, and must report them to the local returning officer after the election.

This includes donations from your local party.

If an election agent is appointed, donations must be passed to them as quickly as possible. The agent must then check whether or not the donation can be accepted.

If no agent has been appointed, the candidate is responsible for handling and checking donations.  

You can find out more about reporting donations after the election in candidate donations. 

In order to stand as a candidate you must ensure that you meet the necessary qualifications and be sure that you are not disqualified. This section sets out the qualifications and disqualifications for standing for election.

It is your responsibility to ensure that you are qualified to stand and are not subject to any disqualifications. Neither the relevant Returning Officer nor the Electoral Commission can confirm this to you. If you are in doubt about your eligibility you should seek legal advice.

To be able to stand as a constituency or regional candidate at the Scottish Parliament election you must, on the day you are nominated and on polling day, be: 

• at least 18 years old,1  and
• either a British citizen, an Irish citizen, an eligible Commonwealth citizen, or a qualifying foreign national2  

There is no requirement in law for you to be a registered elector in Scotland.

An eligible Commonwealth citizen is a Commonwealth citizen who either:

• does not need leave to enter or remain in the United Kingdom (UK), or
• has indefinite leave to remain in the UK

An eligible qualifying foreign national is a person who is not:

• a Commonwealth citizen, or 
• a citizen of the Republic of Ireland, and

who has, (or is, by virtue of any enactment, to be treated as having) any description of such leave.  

Apart from meeting the qualifications for standing for election, you must also not be disqualified from standing on the day of your nomination and on polling day.

The full range of disqualifications is complex and if you are in any doubt about whether you are disqualified, you must do everything you can to check that you are not disqualified before submitting your nomination papers.

You must be sure that you are not disqualified as you will be asked to sign the consent to nomination to confirm that you are not disqualified.1  

It is a criminal offence to make a false statement on your nomination papers as to your qualification for being elected,2 so if you are in any doubt, you should contact your employer, consult the legislation or, if necessary, take your own independent legal advice.

The relevant Returning Officer will not be able to confirm whether or not you are disqualified.

There are certain people who are disqualified from becoming a Member of Scottish Parliament. You cannot be a candidate if at the time of your nomination and on polling day:

• You hold a post that is disqualified from becoming a Member of Scottish Parliament.3 More information is set out in our guidance Disqualifying offices.
• Your estate has been sequestrated by a court in Scotland and you have not been discharged, you have been adjudged bankrupt by a court elsewhere, or you are the subject of a bankruptcy restrictions order under either the Bankruptcy (Scotland) Act 2016 or the Insolvency Act 1986.4 For more information, see our guidance on Sequestration and bankruptcy.
• You have been convicted of an offence, have been sentenced to be imprisoned or detained for more than a year and are detained anywhere in the UK, the Republic of Ireland, the Channel Islands or the Isle of Man, or are unlawfully at large.5   
• You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations). 
  • The disqualification for an illegal practice begins from the date a person has been reported guilty by an election court or convicted and lasts for three years6  
  • The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years7  
• You are subject to any relevant notification requirements or a relevant sexual harm or risk order8  
• You are subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform ) Act 20259  
• You have been convicted of an intimidatory criminal offence motivated by hostility towards a candidate, future candidate or campaigner or holder of a relevant elective office. The effect of a disqualification order is that the person will be disqualified from standing for, being elected to, and holding any relevant elective office for five years.10

Certain post-holders are disqualified from becoming a Member of the Scottish Parliament. These include:

• full-time members of the judiciary
• civil servants
• members of a police force
• members of the regular armed forces
• members of a legislature of any country or territory outside the Commonwealth (other than the Republic of Ireland)
• those who hold an office that is listed in The Scottish Parliament (Disqualification) Order 2025
• Members of the House of Commons, the House of Lords and Councillors

This list is not comprehensive and detailed lists of disqualifications are set out in the Scotland Act 1998 (as amended), the House of Commons Disqualification Act 1975 (as amended) and The Scottish Parliament (Disqualification) Order 2025.

MPs standing at the Scottish Parliament election    

Members of the House of Commons cannot be members of the Scottish Parliament. While they can stand as candidates at the election, if successful, an MP would have to resign their seat in the House of Commons within 49 calendar days of being elected, otherwise the seat at Scottish Parliament would automatically become vacant.    

This disqualification does not apply to Members of the Scottish Parliament until the next scheduled Scottish Parliament elections in 2026.

Other office holders standing at the Scottish Parliament election

Certain office-holders cannot be Members of the Scottish Parliament. These offices include:

Members of the House of Lords 

Members of the House of Lords can stand as candidates at a Scottish Parliament election. If successful, they have 14 calendar days to resign their membership from the House of Lords or at that point they will automatically become disqualified, and the seat becomes vacant.   

An MSP who becomes a Member of the House of Lords, is not disqualified as an MSP at any time in the period of 14 calendar days beginning with the day on which the member makes and subscribes the oath (or corresponding affirmation) required of member of the House of Lords. 

This disqualification does not apply to Members of the Scottish Parliament until the next scheduled Scottish Parliament elections in 2026.

Members of a Scottish council

Members of a Scottish council can stand as candidates at a Scottish Parliament election. If successful, they would have 49 calendar days to resign their post or at that point they will automatically become disqualified and their seat in the Scottish Parliament becomes vacant.

A councillor who is elected as an MSP is eligible to remain in place, if there are 372 calendar days or less until the next council election.  

This disqualification does not apply to current MSP who are also councillors until the next scheduled local council elections in Scotland in 2027.

Certain other offices holders who are listed in the Scottish Parliament (Disqualification) Order 2025 may stand as candidates at a Scottish Parliament election, but, if successful, would have to resign their office before taking the oath or allegiance (or make the corresponding affirmation).

This list is not comprehensive and detailed lists of disqualifications are set out in the Scotland Act 1998 (as amended) and the Scottish Parliament (Disqualification) Order 2025.

Sequestration (or bankruptcy) in itself is not a disqualification. If your estate has been sequestrated but you have been discharged you will not be disqualified, as long as you are not also currently subject to any of the following bankruptcy disqualifications:1

• your estate has been sequestrated by a court in Scotland and you have not been discharged, or
• you are currently subject to a bankruptcy restrictions order or debt relief restrictions order made by a court in England, Wales or Northern Ireland

You are disqualified under the Representation of the People Act 1981 if you have been convicted of an offence, have been sentenced to be imprisoned or detained for more than a year and are detained anywhere in the UK, the Republic of Ireland, the Channel Islands or the Isle of Man, or are unlawfully at large.

The nomination of a person disqualified on this basis is void, and the Returning Officer will reject their nomination.

You are also disqualified under the Representation of the People Act 1983 (as amended), if you have been convicted or have been reported guilty of a corrupt or illegal electoral practice or of an offence relating to donations. The disqualification for an illegal practice begins from the date a person has been reported guilty by an election court or convicted and lasts for three years.1 The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years.2

You are also disqualified if you have been convicted, cautioned or found to have done certain sexual offences and are subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 or the equivalent laws in Guernsey, Jersey or Isle of Man. You are also disqualified if you are subject to a relevant sexual harm or risk order in any jurisdiction of the United Kingdom, Guernsey, Jersey or Isle of Man.3

You are also disqualified if you have committed any of the offences listed in Schedule 9 to the Elections Act 2022 and the court has made a disqualification order under section 30 of the Elections Act 2022.4

You can be a candidate for both a constituency and a region, so long as the constituency is within the region. If you do this, you must stand for the same party in both contests, or be an independent in both contests.1 If you are elected at the constituency election, your name will be disregarded at the allocation of regional seats.

You cannot stand in more than one constituency or in more than one region.2

The election agent is the person responsible for the proper management of your election campaign and, in particular, for its financial management.

If an election agent is not appointed, a person will be appointed by default. For more information see our guidance Appointing an election agent.

You can also appoint other agents to observe the following electoral processes, which both you and your election agent are also entitled to observe:1

• the opening of postal votes
• the poll
• the verification and count

There are no particular qualifications needed to be an election agent and you can be your own agent if you wish.

However, the following people are not allowed to be election agents: 

• the CRO, RRO, or a member of their staff (including any clerks appointed specifically for the election)1   
• a depute or clerk of the CRO, RRO, or a member of their staff2  
• a business partner or clerk of any of the above3  
• anyone not entitled to vote at the election as a result of the report of an election court or a conviction for a corrupt or illegal practice under the Representation of the People Act 19834

If you are standing as a party candidate, your party may also have specific rules about who you can appoint as an election agent.

Because of the responsibilities attached to the role of an election agent you should consider carefully who you are going to appoint and make sure that they understand their obligations.

The election agent is the person responsible for the proper management of your election campaign and, in particular, for its financial management.

Constituency and individual regional candidates

You must have an election agent.1

You can be your own agent if you wish. You, or someone on your behalf, must declare in writing the name and address of your election agent to the relevant Returning Officer by 4pm, 23 working days before the poll.2

The declaration may include a request made by the election agent that their home address is not published on any public notice and a correspondence address is published instead.3

The declaration should be signed by you (or the person making the declaration on your behalf) and it must be signed by the agent to show their acceptance of the appointment.4

An election agent must have an office address.5 The declaration notifying the relevant RO of the appointment of an election agent must include the office address.6 There are no restrictions on where the office can be located, but it must be a physical address to which any legal notices can be delivered – PO boxes or similar mailboxes cannot be used.

The agent's office address could be the local party office, an office 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 will be published.

If you do not notify the relevant Returning Officer of the name and address of your election agent by 4pm, 23 working days before the poll, you will automatically become your own agent7 and the office address is deemed to be the address you provided on your nomination form.8

It is helpful to also provide a contact telephone number and email address for your election agent so that the relevant Returning Officer can easily contact them.

The relevant Returning Officer may provide a declaration form, or you could use the election agent declaration form produced by us.

Party list candidates

A party that has submitted a list of candidates for election must have an election agent to act for all of the candidates on the party list.9

The name and address of the election agent must be declared to the RRO by the deadline of 4pm, 23 working days before the poll.10

The declaration may include a request made by the election agent that their home address is not published on any public notice and that a correspondence address is published instead.11

The declaration must be made by the highest candidate in the party list, the declaration should be signed by the person declaring the appointment and by the agent to show their acceptance of the appointment.12

An election agent must have an office address.13 The declaration notifying the RRO of the appointment of an election agent must include the office address.14 There are no restrictions on where the office can be located, but it must be a physical address to which any legal notices can be delivered – PO boxes or similar mailboxes cannot be used.

The agent's office address could be the local party office, an office 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 will be published.

If the RRO is not notified of the name and address of an election agent by 4pm, 23 working days before the poll, the candidate whose name appears highest on the list of candidates shall be deemed to have been named on behalf of the party for all of the candidates.15  

Where the candidate named first on the party list is deemed to be the election agent because the RRO has not been notified of an agent appointment, the office address will be deemed to be the address provided on the party’s nomination form.16

It is helpful to also provide a contact telephone number and email address for your election agent so that the RRO can easily contact them.

The RRO may provide a declaration form, or you could use the election agent declaration form produced by the Commission.

Constituency and individual regional candidates

If your election agent dies or you revoke their appointment at any time, including after polling day, a notification of the new appointment can be made in the same way as outlined in our guidance on Appointing an election agent.1 If you do not appoint anyone else, you will be deemed to be your own election agent.

If you are acting as your own agent you can revoke your own appointment and appoint someone else as your agent.

Once an agent has accepted their appointment, they cannot resign and must fulfil the duties required of them unless you revoke their appointment.

Party list candidates

If a party lists election agent dies or their appointment is revoked at any time, including after polling day a notification of a new appointment can be made in the same way as outlined in our guidance on Appointing an election agent.2  

If no-one else is appointed, the first named person on the party list will be deemed to be the election agent.

Once an agent has accepted their appointment, they cannot resign and must fulfil the duties required of them unless their appointment is revoked.

Constituency candidates

Your election agent may appoint sub-agents to act on their behalf in any part in of the constituency in which you are standing, as long as those parts do not overlap.1 The agent can determine the parts into which they wish to sub-divide the constituency. 

A sub-agent can do anything that the election agent is entitled to do within the area to which they are appointed.

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 the name and address of the sub-agent and the area in which they may act.2  The CRO will provide a form you can use. Alternatively, you can use the form included for this purpose in the Commission’s nomination pack.

The sub-agent must have an office address. The declaration notifying the CRO of the appointment of a sub-agent must include the office address. There are no restrictions on where the office can be located, but it 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-agent and a correspondence address is published instead.3  

The 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 will be published.

The election agent can revoke the appointment of the sub-agent at any time and another sub-agent may be appointed. If another sub-agent is appointed, the election agent must declare in writing the name and address and area of appointment of the new sub-agent to the CRO.

Party list and individual candidates at a regional election

The election agent may appoint sub-agents to act on their behalf in any part of the region, as long as those parts do not overlap.4 The agent can determine the parts into which they wish to sub-divide the region. 

A sub-agent can do anything that the election agent is entitled to do within the area to which they are appointed. 

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 RRO the name and address of the sub-agent and the area in which they may act.5  The RRO will provide a form you can use. Alternatively, you can use the form included for this purpose in the Commission’s nomination pack.

The sub-agent must have an office address. The declaration notifying the RRO of the appointment of a sub-agent must include the office address. There are no restrictions on where the office can be located, but it 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-agent and a correspondence address is published instead.6
 
The 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 will be published.

The election agent can revoke the appointment of the sub-agent at any time and another sub-agent may be appointed. If another sub-agent is appointed, the election agent must declare in writing the name and address and area of appointment of the new sub-agent to the RRO. 

The following section provides guidance on candidate spending at Scottish Parliamentary elections.

This guidance covers:

• how much you can spend in the lead up to the election
• which activities count as candidate spending
• what records you must keep
• how to account for different types of spending

For constituency candidates and individual regional candidates, the election agent has the main responsibility for complying with these laws, even if they appoint a sub-agent to help you with your expenses. However, candidates should be fully aware of the laws as both the candidate and agent must declare that the spending return is complete and accurate to the best of their knowledge and belief.1

See who is responsible for candidate spending? for more information about the responsibilities of the agent and candidate.

For party list candidates, their spending is the responsibility of the party. This Spending section of the guidance only applies to constituency candidates and individual regional candidates, unless it specifically mentions party list candidates.

At the May 2026 Scottish Parliamentary election, there are two separate regulated periods. We call these the ‘long campaign’ and the ‘short campaign’.

You must not exceed the spending limit for each period. You will also need to keep separate records for each period because the spending is reported separately.

Long campaign

The long campaign begins on 7 January 2026.

It will end on the day that you officially become a candidate.1

Short campaign

The short campaign begins on the day after the date you officially become a candidate, and ends on polling day, 7 May 2026.2

When does a person officially become a candidate?

The earliest date you can officially become a candidate is Thursday 26 March 2026.3

You will become a candidate on this date if you or others have already announced your intention to stand.4 For example, your party may have issued a press release when you were selected, you might have mentioned your intention at a residents’ meeting, or you may have already begun campaigning.

If your intention to stand has not been announced by 26 March 2026, you will officially become a candidate on the earlier of:

• the date your intention to stand is announced
• the date when you submit your nomination papers5

This must be prior to the close of nominations.

There are rules to make sure that spending can be controlled and accurately recorded and reported.

For party list candidates 

Spending on promoting party list candidates does not fall under the candidate spending rules. It counts as party spending, and so is the responsibility of the party treasurer or campaigns officer.

For constituency and independent regional candidates 

It is your responsibility to fully and accurately report candidate spending. You should ensure you understand the law and that all spending is properly authorised, recorded and reported.

Constituency and independent regional candidates can appoint an election agent, or act as their own election agent.1 Appointing an election agent affects who can make payments.

Once an agent is appointed, only the following people are allowed to incur election spending: 

• the agent 
• the candidate
• anyone authorised by the candidate or agent 

By ‘incur’ we mean making a legal commitment to spend the money. If you authorise someone to incur candidate spending, you must do so in writing and be clear how much they can spend and on what.2

Payments are often incurred and paid at the same time. For example, if you buy something online or in a shop.

Sometimes spending is incurred before it is paid. For example, if you engage an events company to run your campaign launch, the spending is incurred when you engage their services. The payment is made later, once they invoice you after the event.

For most candidate spending payments must be made by or through the agent.3 There are five exceptions:

• the candidate can pay for items before the agent is appointed4
• the candidate can pay up to a total of £600 (for a constituency candidate) or £900 (for a regional candidate) on personal expenses for travel and accommodation5
• the agent can authorise in writing someone to pay for minor expenses such as stationery or postage. The authorisation must include the amount of the payment.6
• expenses that are reasonably attributable to a candidate’s disability can be paid by a candidate7
• the agent can give written authorisation for someone to incur spending on behalf of the candidate so that the spending does not count towards that person’s ‘permitted sum’ on campaigning for the candidate (see local campaigning).8 The person authorised to incur the spending is also able to make the payments for that spending.9

If any payments are made by anyone other than the candidate, agent or sub-agent – for example by a person authorised in writing to incur spending – then if it is received after they become a candidate this will be a donation if it is over £50 (and it is not reimbursed by the agent).10 See candidate donations for more on donations.

Candidates can also act as their own election agents. You should make sure that your volunteers and campaigners are aware of these rules and know who can and cannot incur or pay costs.

You have a separate spending limit in the short campaign and in the long campaign.

Your limits are set out in the tables below. They depend on a number of factors:

• whether you are a candidate in a constituency or a region
• whether a constituency is a burgh or a county constituency
• how many entries are on the register in a constituency

The number of entries on the local government register in a particular constituency is based on the electoral register as it stands on the last date for publication of the notice of election. This means that you will not know the exact figure you can spend in the long campaign until it has ended.  

Your local Electoral Registration Officer will be able to give you current elector numbers on request, which will help you to plan your expenses in the long campaign.

You are able to find information about regions and which constituencies are burghs and which are counties, either by contacting your local Electoral Registration Officer or the Boundary Commission for Scotland.

The table below sets out the fixed and variable amounts that apply to different types of candidate: 

For more information on party spending see our guidance for parties at the Scottish Parliamentary election.

Dual candidates

If you are a dual candidate you are subject to the spending limits for both types of candidate that you are standing as.

Spending will not count towards both limits. It will be one or the other. In some cases you may need to split spending – see splitting spending for more details.

You should ensure that a system is in place to keep records of all your candidate spending so that you can comply with your reporting responsibilities after the election. Election agents are responsible for reporting spending after the election.

What you need to record

For each item of spending, you must record the following information to include in your spending return after the election:1

• what the spending was for – for example, leaflets or advertising
• the name and address of the supplier
• the amount or value
• the date that you spent the money

All costs must include VAT, even if you can recover VAT payments.

You must keep invoices or receipts for any payments of £20 or over.2

It may be helpful for the agent to also keep copies of each example of campaign material (such as letters or leaflets) used in case there is a need to refer back to it.

You must also record details of spending where:

• you make use of items that have been provided to you3
• you authorise spending to be incurred by someone else4

See sections on notional spending and local campaigning for more details on this spending.

For information on the details required in the spending return, please see Completing your return.

Candidate spending is spending on activities to promote your candidacy, or to criticise other candidates, during the regulated period.1

To be candidate spending it must:

• be an activity on list of types of candidate spending2
• promote the candidate3

Once you have determined that something is candidate spending, you need to determine how it must be reported. It may be:

• ordinary spending incurred by the candidate or agent 
• notional spending, where something is provided for you and made use of in your campaign
• local campaigning, where spending is incurred by someone other than the candidate or agent

The following pages provide detail on the activities that count as candidate spending and the different ways the spending is made.

During the regulated period, spending on any of the following activities will count as candidate spending if the activity promotes the candidate:

• advertising of any kind.1 For example, posters, newspaper adverts, websites, or videos
• unsolicited material sent to voters.2 For example, letters, leaflets, or emails you send that aren’t in response to specific queries
• transport costs.3 For example, hire cars or public transport for your campaigners
• public meetings.4 For example, reimbursing expenses of attendees, hiring premises and paying for goods, services or facilities for a public meeting
• staff costs.5 For example, an agent’s salary, or staff seconded to you by their employer. You do not need to include time spent on your campaign by volunteers
• accommodation.6 For example, your campaign office
• administrative costs.7 For example, telephone bills, stationery, photocopying and the use of databases

This includes:

• all costs associated with an activity. For example, if you are producing leaflets or advertising, you must include the design and distribution costs
• items or services bought before the regulated period that you use during the regulated period8
• some items or services given to you free of charge or at a discount that you make use of during the regulated period. See notional spending for more information.

This spending must be reported in your spending return after the election. More details on each category are given on the following pages.

VAT  

If you have paid VAT on an item, you must include this when reporting the costs of the item in your return. You must still include VAT even if it can be reclaimed as a business expense.

Invoices for payments made to companies based overseas may not always include VAT. If you have paid VAT, you should include this as part of the cost of the item when reporting, even if VAT is not included on the invoice.

For example, you pay for digital material to be published as adverts on a social media platform based overseas. You paid VAT on the adverts, but your invoice does not include VAT. You must still include the VAT you paid when reporting the costs of the adverts in your return.

General costs

Examples include the costs of:

• services provided by any agency, individual or organisation
• premises or facilities
• equipment
• image rights or licensing fees
• paper or other materials

used in connection with advertising of any kind. This includes costs associated with producing and promoting adverts.

You might also have costs associated with physically displaying advertising in a location, such as buying placards, cable ties or glue.

Computing and printing equipment

Where paper, photocopying equipment or a printer is purchased or hired principally for use in the campaign, the full cost must be reported.

It includes costs associated with computing or printing equipment in connection with advertising. These costs are reportable except where:

• computing or printing equipment was acquired by the candidate principally for their own personal use
• computing or printing equipment is provided by another individual, the equipment was acquired by that individual for their own personal use and the candidate is not charged for the use of it

Software

It includes the cost of any software, of any kind, for use on any device to:

• design and produce advertising material in-house
• disseminate or facilitate dissemination of advertising material

whether that material is distributed digitally, electronically or via other means.

Websites and other digital material

It includes the costs of:

• hosting and maintaining a website or other electronic/digital material that promotes the candidate 
• designing and building the website
• a portion of any website or material that is set up to obtain funds for the candidate but also promotes the candidate during the regulated period 

Material for sharing

It includes costs associated with making advertising material available for:

• downloading and use by others
• posting on and promoting the candidate via any kind of social media channel or platform

If you put material on a website for people to print off for their personal use, such as window posters or petition forms, the design and website costs count as candidate spending. You do not need to count people’s print costs against your spending limit unless people are printing documents on your behalf.

If the material could be printed and distributed to voters – for instance a leaflet – you will need to make it clear how you expect people to use it.

If you authorise wider use of the material, the production costs may count as candidate spending whoever does the printing.   

Networks

It includes costs associated with any digital or other network which:

• facilitates the sharing of advertising material by any means
• promotes or increases the visibility of advertising material by any means

Other costs

You also do not have include the costs of people's food or accommodation costs while they are providing you with services in connection with advertising, if they meet the costs themselves. For example, if your volunteers buy themselves lunch while putting up posters around your electoral area.

However, any food or accommodation expenses you or someone else pays for them, or reimburses them for, do count as your spending.

General costs

Examples include the costs of:

• services provided by any agency, individual or organisation
• premises or facilities
• equipment
• image rights or licensing fees
• paper or other materials

used in connection with unsolicited material to voters. This includes the costs of producing and distributing the material by any means.

It includes the cost of accessing, developing and maintaining any digital or other network which promotes or increases the visibility of unsolicited material on any platform.

It includes the cost of oversight and maintenance of all social media, digital or other forms of distribution of unsolicited material. This includes the maintenance of all social media accounts, including if they are maintained by another entity/individual.

Computing and printing equipment

Where paper, photocopying equipment or a printer is purchased or hired principally for use in the campaign, the full cost must be reported.

It includes costs associated with computing or printing equipment in connection with unsolicited material to voters. These costs are reportable except where:

• computing or printing equipment was acquired by the candidate principally for their own personal use
• computing or printing equipment is provided by another individual, the equipment was acquired by that individual for their own personal use and the candidate is not charged for the use of it

Voter information and databases

This includes costs of:

• IT software or contact databases
• data sets or other data analytics
• any information, by whatever means

used to facilitate the sending of unsolicited material to voters. This includes obtaining, developing and maintaining this data.

It includes the cost of accessing, obtaining or developing data sets, including data analytics to target voters by whatever means, including the cost of agencies, organisations or others that identify groups of voters, by whatever means.

It includes the cost of any services to identify voters that are purchased, developed or provided before the regulated period, but are used to target voters during the regulated period.

Where information or access to information is obtained from a third party, the commercial cost of obtaining that information from the third party is included.

Election address

Each candidate, or each party who has submitted a list of candidates, is entitled to free postage to deliver an election address to voters in the constituency or region. The address must only contain matters relating to the election.1

The costs of producing these election addresses must be reported as candidate spending. Postage costs for the election addresses do not count as candidate spending.2

Other costs 

You also do not have to include the costs of people's food or accommodation while they are providing you with services relating to unsolicited material, if they meet the costs themselves. For example, if your volunteers buy themselves lunch while delivering leaflets to voters.

However, any food or accommodation expenses you or someone else buys for them, or reimburses them for, do count as your spending.

Costs that are excluded

You do not have to report any costs associated with the obtaining of data as permitted under any statute or regulation.

Transport of the agent, volunteers and campaigners

Examples include the costs of transporting volunteers or other campaigners to, from or around the electoral area, where they are campaigning on behalf of the candidate. These transport costs can include:

• buying or reimbursing tickets for any transport
• hiring vehicles 
• purchasing fuel or charging an electric vehicle
• parking costs

It includes the cost of providing transport for the agent where this is paid by or reimbursed by the candidate or another third party.

Transport of the candidate

‘Personal expenses’ include the reasonable travelling expenses of the candidate in relation to the election.

Where a transport cost is a personal expense for the candidate, this does not count towards their spending limit. It must be recorded as a personal expense in the spending return. See Personal expenses for more information.

Transport to an event

It includes the cost of transporting attendees to an event promoting the candidate where that cost is reimbursed or paid for by the candidate or another third party.

Transport that is promoting the candidate

It also includes the costs of using, or hiring, any vehicle or form of transport that displays material promoting the candidate, including:

•    design and application of the design to the vehicle or form of transport 
•    driving or moving a vehicle around a specific electoral area 
•    parking fees

Costs that are excluded

The following costs are not reportable:

• where transport costs are paid for by the individual who used it and not reimbursed
• where transport is provided by another individual, the means of transport was acquired by that individual for their own personal use and the candidate is not charged for the use of it

Services, premises, facilities or equipment 

Examples include the cost of:

• services provided by any agency, individual or organisation
• premises or facilities
• equipment 

used in connection with public meetings of any kind. This includes costs associated with in-person and virtual public meetings, such as hiring a venue or live streaming a virtual public meeting.

Other costs 

Other costs may include:

• the cost of promoting or advertising the public meeting by any means
• providing goods, services or facilities at the event, such as seating or food

These costs may be paid by or reimbursed by the candidate or a third party.

Costs that are excluded

You do not need to include events held mainly for purposes other than your campaign, where your attendance is incidental – for example, an annual social event at which you say a few words.

You should make an honest assessment on the facts of whether the meeting is genuinely being held for other purposes.

You may also be invited to attend hustings events run by local organisations or community groups. We have published separate hustings guidance which explains when the spending rules may apply to these events.

Services of an election agent or other staff

This includes the cost of the election agent or any other person working for the candidate’s election. You must include all staff costs, such as the staff member’s gross salary, any additional allowances, and your national insurance and pension contributions as their employer. This also includes any renumeration, including allowances, you provide to receive their services.

Staff monitoring social media and other press activities

It includes the cost of staff engaged in the management and monitoring of social media channels or platforms and the obtaining of data to allow targeted campaigning. This includes hiring staff to analyse and sort the data and the cost of staff to monitor and post or respond to any kind of social media or other account.

It includes the cost of staff engaged in the management of press activities of any kind, including staff who are liaising with, managing or monitoring any kind of media activity by any means in connection with the candidate’s election.

Volunteer time

You should not include the cost for services of an agent or any other person who is a volunteer.

You should not include the costs of people’s travel, food and accommodation costs while they campaign on your behalf, if they meet the costs themselves.

However, any expenses you meet for them, or reimburse them for, such as transport or accommodation, do count as your spending.

Sometimes you may not be sure if someone working for your campaign is a volunteer or if you should count their time towards your spending limit. For example, they may offer similar services professionally to the ones they are performing for you.

For example, they will be a volunteer if:

• their employer is not paying them for the time they spend on your campaign
• they are using their annual leave
• where they are self-employed, you won’t benefit from any professional insurances they hold

If they use specialist equipment or materials, it is likely that the use of these, provided for free will be notional spending.

Office space and equipment

Reportable costs include renting an office space, including business rates, for the candidate’s campaign, whether newly rented or under an existing rental agreement. This includes the cost of office space where it is being shared.

If you are sharing office space, an amount that reasonably reflects the use by the candidate in campaigning must be included in your return. For more information on splitting costs, please see splitting spending.

This also includes costs associated with purchasing, using or hiring office equipment for your campaign.

If you are provided with use of an office space or equipment for use in the campaign, this may be notional spending and in some cases a donation to the candidate. See notional spending for more guidance.

Accommodation for staff and volunteers

The cost of providing accommodation for agents, volunteers or other employees campaigning for the candidate are reportable if they are paid by or reimbursed by the candidate or a third party.

Accommodation for the candidate

‘Personal expenses’ include the reasonable accommodation costs of the candidate in relation to the election.

Where an accommodation cost is a personal expense for the candidate, this does not count towards the spending limit. It must be recorded as a personal expense in the spending return. See personal expenses for more information.

Mobile phones and devices

It includes costs associated with mobile phones or other hand-held devices for use in the campaign, where this is paid for by the candidate or a third party. These costs are reportable except where:

• the candidate uses their own device which they acquired for their own personal use and no additional costs are incurred beyond the normal usage
• someone provides the campaign with use of a device that was acquired for their own use for free, and no additional costs are incurred beyond the normal usage

Overheads

It includes the cost of:

• electricity
• phone lines and internet access

for use in the candidate’s campaign.

It includes the subscription cost for media monitoring services, press wire and press release services.

Costs which are excluded

Costs that are not reportable are:

• childcare for a candidate, agent or a volunteer
• water, gas or council tax
• use of someone’s sole or main residence as accommodation when provided free of charge 

‘Personal expenses’ include the reasonable accommodation costs of the candidate in relation to the election.

Where an accommodation cost is a personal expense for the candidate, this does not count towards the spending limit. It must be recorded as a personal expense in the spending return. See personal expenses for more information.

• payment of your election deposit1
• anything (except adverts) appearing in a newspaper, periodical or on a licensed broadcast channel2
• facilities you use because you are entitled to do so as a candidate, such as a public room for a meeting, or the free postage costs for an election address3
• volunteer time including time spent by your staff that you do not pay them for4
• use of someone’s main residence, provided free of charge5
• use of someone’s personal car or other means of transport, acquired principally for that person’s personal use and provided free of charge6
• use of someone’s computing or printing equipment acquired principally for that person’s personal use and provided free of charge7

When you use an item for the first time, you must include the cost.

This includes items that were bought and paid for before the regulated period began, but used during it.

Items that are not used

You do not have to report spending on items that are not used (for example if leaflets are never distributed) and this does not count against the spending limit.

You should retain the unused material or evidence it was destroyed.

If you use the leftover items at a later election, you must report the spending on those items at that later election.

Re-use of items

Where you have paid for an item, you must report the full cost at the time of first use, even if you intend to use it again at a future election.

If you do use it again at a subsequent election, you do not have to report the original payment again. There may be some associated costs which must be reported at that election, for example for storage or cleaning.

Personal expenses include the reasonable travel and living expenses (such as hotel costs) of the candidate.1 Personal expenses do not count towards the spending limit but you must report them on your spending return.2

Personal expenses may include car hire for the candidate if the candidate does not already own a car, or if their car is not suitable for campaigning. For example, if you are standing in a rural constituency, it may be reasonable to hire a four-wheel drive vehicle to access remote areas.

At Scottish Parliamentary elections, personal expenses also include expenses relating to the candidate’s disability.3 See next section for more details.

A candidate can pay up to a certain amount of personal expenses on reasonable travel and living expenses.4 The agent must pay any sums above this amount.

However, a candidate can make payments for any amount of expenses which are related to their disability.5

These limits apply during the short campaign. There is no limit on how much candidates can pay for personal expenses in the long campaign. 

Candidates must provide a written statement of their personal expenses throughout both the long and short campaigns, including expenses which are related to their disability, to their agent within 21 days of the result being declared.6 Dual candidates must provide this to their constituency agent.

For constituency, independent regional and dual candidates, their personal expenses must be reported in the spending return.

Party list candidates must submit a declaration to the Regional Returning Officer confirming their personal expenses within 35 days of the result being declared.7 This includes any disability expenses that they paid for – see next section.

Summary table

Spending that is reasonably attributable to an individual’s disability does not count towards the spending limit but you must report it on your spending return.1  This is reported in two different ways, depending on who makes the payments.

Spending relating to the candidate’s disability

As they are a type of personal expenses, spending related to the candidate’s disability may be paid by the candidate.

A candidate can make payments for any amount of these expenses, so they do not count towards the payment limits for personal expenses.2

If the candidate makes the payments, then for constituency, independent regional and dual candidates, you must report them in the disability-related expenses section of your spending return.

As they are a type of personal expenses, the deadlines for reporting to the agent or Regional Returning Officer apply. These are explained in the previous section.

If the agent pays any disability-related expenses, they must be reported in the section called ‘Further reported spending’ – see next section.

Access for Elected Office Fund Scotland

Candidates with disabilities are able to apply for funding to cover additional costs that disabled people face when standing as a candidate.

For more information please see Inclusion Scotland’s website: inclusionscotland.org/disabled-people-become-a-leader/civic-participation/aeo-fund

Spending relating to someone else’s disability

Spending that is reasonably attributable to the disability of someone other than the candidate is not personal expenses, and so must be paid by or through the agent as usual.3

They do not count towards the spending limit but you must report them on your spending return.4

For example

• upgraded software for a disabled volunteer to use in managing your online campaign 
• a wheelchair access ramp for a campaign event attended by a voter in a wheelchair

If the agent pays any disability expenses, they must be reported in the section called ‘Further reported spending’ – see next section for more details.

As well as personal expenses, there are some types of candidate spending that must be reported, but which do not count towards your spending limit. These are:

• reasonable security costs1
• reasonable costs for translation to languages other than English2
• disability-related costs that are paid by the agent rather than the candidate3
• personal expenses that are paid by the agent rather than the candidate4

These costs must be reported as payments made by the agent, including any invoices for payments of over £20.5

There is a separate section of the return to report this spending in. 

Sometimes you might use something in your campaign that you did not have to spend money on, because it was provided to you as a benefit in kind, for free or at a discount.

Some examples of a benefit in kind could be:

•    space in a hall for an event
•    leaflets
•    providing volunteers with food and transport

When you use something provided to you as a benefit in kind, the full value of what you used counts towards your spending limit and must be reported.1

This is called ‘notional spending’.

Benefits in kind transferred or provided for your use or benefit

Under the law there are two different terms used when assessing the value of these benefits in kind.

Where items or goods are transferred to the candidate free of charge or at a non-commercial discount of more than 10%, these must be valued at its ‘market value’.2 The market value means the price that would reasonably be expected to be paid for the item or goods if it was on sale in the open market.3

In contrast, where an item, goods or services are instead provided for the candidate’s use or benefit free of charge or at a non-commercial discount of more than 10%, the provision of these must be valued at a ‘commercial rate’.4 There is no set definition for commercial rate under the law, however this may be the average rates for the item, goods or service offered by commercial providers.

In this guidance we use the term ‘commercial value’ as an umbrella term for both market value and commercial rate.

What counts as notional spending?

There are five tests that must all be met in order for an item to count as notional spending

1. it is transferred to you or provided for your use or benefit
2. it is transferred or provided for free or at a non-commercial discount of more than 10%5
3. the difference in value between the commercial value of what is provided and what you pay is over £506
4. you make use of it in your campaign (or someone does on your behalf)7
5. it would have been candidate spending if you had incurred the spending.8  See what activities count as candidate spending? for information about the categories of candidate spending

The following pages provide more information and examples detailing these tests.

The item must be transferred or provided to the candidate for it to count as notional spending.1

This means that any notional spending will also be a donation to the candidate. If something is transferred or provided to you after you are officially a candidate, this must be reported separately in the donations section of the short campaign spending return.

You can find out more about the rules on donations in candidate donations.

Commercial discounts are those available to other similar customers, such as discounts for bulk orders or seasonal reductions.

Non-commercial discounts are special discounts that you are given by suppliers. This includes any special rate which is not available on the open market. These are different to commercial discounts available to all customers, such as discounts for bulk orders or seasonal reductions.

If a benefit in kind is transferred or provided to the candidate, it only counts as notional spending if it is made use of by the candidate in their campaign, or by someone acting on their behalf.1

If a campaign activity in support of the candidate is carried out by someone else, it is not enough that the candidate has benefitted from the activity, has been told about it, or even has expressed their thanks to the person carrying it out.

A person only makes use of something on behalf of the candidate if that use has been directed, authorised, or encouraged by the candidate or agent.2

‘Making use of’ the benefit in kind requires that there is some active involvement on the part of the candidate (or someone on their behalf) to make use of the goods or services being provided.

‘Making use of’ can include:

• contributing personally – for example the candidate provides content for leaflets which the party then produces and delivers, thereby using the service provided by the party
• arranging for someone else to contribute on your behalf – for example asking local party volunteers to help deliver leaflets that are provided by their party

Notional spending begins with being provided with something of value. When the value is over £50, this is also a donation.1  You should work out the value of what has been provided as notional spending in the same way as you work out the value of a non-monetary donation.

Please see how do you value a donation? For further guidance on valuing notional spending and donations.

Valuing seconded staff

If an employer seconds a member of staff to your campaign, you must record their gross salary and any additional allowances as notional spending.

You do not need to include the employer’s national insurance or pension contributions. You will need to include the value of any expenses, such as travel or food, that you or the employer refunds.

The five tests that must all be met in order for an item to count as notional spending

1. it is transferred to you or provided for your use or benefit
2. it is transferred or provided for free or at a non-commercial discount of more than 10%1  
3. the difference in value between the commercial value of what is provided and what you pay is over £502  
4. you make use of it in your campaign (or someone does on your behalf)3
5. it would have been candidate spending if you had incurred the spending.4  See what activities count as candidate spending? For information about the categories of candidate spending

In some instances, people spend money to promote a candidate without providing or transferring something for the candidate’s use or benefit during the campaign. Likewise, people may spend money to criticise a candidate or encourage voters not to support them.

Organisations or individuals, who are not standing as candidates at the elections, who campaign for or against a particular candidate are known as ‘local non-party campaigners’.

Local non-party campaigners can spend up to £500 campaigning for or against a candidate in a constituency or an independent regional candidate in a region.1  This is known as the permitted sum. It applies once the candidate is officially a candidate.

A local non-party campaigner cannot spend more than this permitted sum without the agent’s written authorisation to incur the additional spending, which will count towards the candidate’s spending limit.2

Sometimes, you may need to split your costs between activities that count as candidate spending and those that don’t.

For example, between:

• items used both before and during the regulated period 
• your campaign spending and other activities such as an office that you share with your local party 

In all cases you should make an honest assessment, based on the facts, of the proportion of expenditure that can fairly be attributed to your candidate spending.

For example, if you are sharing a party office, the telephone bill may only provide a breakdown of the cost of calls over a certain value.

In these cases, you should consider the best way of making an honest assessment on the information you have. For example, you could compare the bill with one that does not cover a regulated period.  

It is your responsibility to report your candidate spending fully and accurately. You should ensure you understand the rules and that all spending is properly authorised, recorded, and reported.

After the election, you will have to sign a declaration to declare that it is complete and correct to the best of your knowledge and belief.1

It is an offence to knowingly make a false declaration.2  If you are still not sure, call or email us for advice.

Splitting spending for dual candidates

Candidates standing for election in a constituency and a region will need to split their spending based on whether it promotes their regional or constituency campaign.

Independent candidates standing for election in both a constituency and a region must make an honest assessment of whether items used to promote their candidacy counts towards their regional or constituency campaign and must be reported in the correct spending return after the election.

Party candidates standing for election in both a constituency and a region will need to make an honest assessment of whether the items used promotes them as a constituency candidate, or promotes the party list in the region. Items used in the constituency campaign must be reported by the candidate after the election, and items used to promote the candidate or party in the region must be reported by the party. See next section for more details.

There is also guidance on splitting spending for political parties in the party spending guidance.

Sometimes spending by parties promotes both the party and the candidate. In these cases, this spending may be reportable by the candidate and count towards the candidate's spending limit rather than the party’s.

Spending promoting party list candidates will always be party spending. The rest of this section is about party candidates standing in a constituency.

To assess whether spending is reportable by a constituency candidate you must first assess whether it promotes the candidate.

What is spending to promote the candidate?

If an activity is aimed at voters in the electoral area in which the candidate is standing to promote or secure the election of that candidate, then it is spending to promote the candidate.

For example, activity promoting a party will be regarded as promoting a constituency candidate whenever the item either:

• identifies the specific candidate
• identifies the specific constituency in which the candidate is standing

Where material is distributed across a number of constituencies, you will need to apportion the costs of the activity.

Where material:

• features a candidate
• is distributed across a wider area than just the specific constituency in which that candidate is standing

a proportion of the cost of that material will be regarded as used for the purposes of the constituency candidate’s election.

The proportion that will be regarded as used for the purposes of the candidate’s election is the cost of distribution in that candidate’s specific constituency.

The following pages provide examples of attributing spending and assessing how to report spending. If you are in any doubt as to whether spending is or will be candidate or party spending, you should contact us.

For more information on political party campaign spending, see our guidance on party campaign spending.

Please see splitting spending for further information on apportioning spending.

Spending by the party that promotes the constituency candidate

For each activity that you have established is constituency candidate spending, you must remember to work out what type of spending it is, so you know how to report it:

• ordinary spending incurred by the candidate or agent 
• notional spending
• local campaigning

If an item or service is provided to and made use of by or on behalf of the candidate, then the relevant proportion of the cost of targeting the candidate’s constituency is likely to be reportable as notional spending, if it meets the tests.

If it is not done by the candidate or agent and not provided to and made use of by or on behalf of the candidate, it will count as local campaigning for the candidate.

The following examples illustrate first determining whether the spending promotes the constituency candidate, and then determining how it must be reported.

After the election, the candidate must provide a written statement of their personal expenses to their agent within 21 days of the result being declared.1

Party list candidates must also submit a declaration to the Regional Returning Officer confirming their personal expenses within 35 days of the result being declared.2

The agent must meet deadlines for:

• receiving and paying invoices
• sending the spending and donations return to the Returning Officer

Both the agent and the candidate must also submit declarations that the return is complete and accurate.3

You must still submit the return and declarations even if you haven’t spent any money.4  This is called a ‘nil return’.

You can find these deadlines, and more information on reporting, in after the election.

The following section provides guidance on candidate donations at Scottish Parliamentary elections in Great Britain.

This guidance covers:

• what counts as a donation
• who you can accept donations from
• the checks you need to make on different types of donors
• how to value different types of donations
• best practices for crowdfunding donations
• the information you need to record
   

A donation is money, goods, property or services which are given:

• towards your candidate spending
• without charge or on non-commercial terms1

and have a value of over £502 . Anything with a value of £50 or less does not count as a donation.

The donation controls apply once you are officially a candidate.3

Unlike for spending, there is no long and short campaign for donations. The donation controls just apply once you are officially a candidate.

Some examples of donations include:

• a gift of money or other property
• payment of an invoice for candidate spending that would otherwise be paid by you
• a loan that is not on commercial terms
• sponsorship of an event or publication
• free or specially discounted use of property or facilities, for example the free use of an office

Donations can only be accepted from certain sources, which are mainly UK-based.1  Please see who can you accept donations from? for details on which sources are permissible.

Before you accept any donation of more than £50 for the purpose of meeting candidate spending, you must take all reasonable steps to:

• make sure you know the true identity of the donor
• check that the donation is from a permissible source2

How long do you have to check permissibility?

When you receive a donation, you have 30 days to conduct permissibility checks and return it if it is impermissible.3 If you keep a donation longer than 30 days, you are deemed to have accepted it.4

If you keep an impermissible donation after this time, you may commit a criminal offence and we may apply to court to have it forfeited to us for payment into the Consolidated Fund5 . If you’ve accepted an impermissible donation, you should tell us as soon as possible.

Even if you have made a permissibility check in connection with an earlier donation from the same source, you should consider whether to make a fresh check for each subsequent donation.

You should keep a record of all your permissibility checks to show that you have followed the law.

If the donation isn’t from a permissible donor, or for any reason you can’t be sure of the true identity of the source, please read How do you return a donation? for further guidance on the actions you must take.

If you are given a donation on behalf of someone else, the person giving you the donation must tell you:

• that the donation is on behalf of someone else
• the actual donor’s details1

An example of this is where an event organiser is handing over the proceeds from a dinner held specifically to raise funds for your campaign.

If you have reason to believe that someone might have made a donation on behalf of someone else but has not told you, you must find out the facts so that you can make the right checks.

If you are uncertain who the actual donor is, you should record the donation and return it.

Please see how do you return a donation? for guidance on how to return a donation.

What makes a company permissible?

A company is permissible if it is:

• registered as a company at Companies House
• incorporated in the UK
• carrying on business in the UK1

You must be sure that the company meets all three criteria.

How do you check company registration? 

You should check the register at Companies House. You should look at the full register entry for the company. 

How do you check if the company is carrying on business in the UK?

You must be satisfied that the company is carrying on business in the UK. The business can be non-profit making.

Even if you have direct personal knowledge of the company, you should check the Companies House register to see if:

• the company is in liquidation, dormant, or about to be 
  struck off
• the company’s accounts and annual return are overdue

A company may still be carrying on business if it is in liquidation, dormant or late in filing documents, but you should make extra checks to satisfy yourself that this is the case.

For any company, you should consider looking at:

• the company’s website
• relevant trade, telephone directories or reputable websites
• the latest accounts filed at Companies House

If you are still not sure if the company is carrying on business in the UK, you should ask for written confirmation of its business activities from the company’s directors.

What information must you record?

You must record:

• the name as it is shown on the register
• the company’s registered office address
• the registered company number2

What makes a limited liability partnership permissible?

A limited liability partnership (LLP) is a permissible donor if it is:

• registered as an LLP at Companies House
• carrying on business in the UK1

How do you check permissibility?

You should check the register at Companies House.

How do you check if a limited liability partnership is carrying on business in the UK?

You must be satisfied that the LLP is carrying on business in the UK. The business can be non-profit making.

Even if you have direct personal knowledge of the LLP, you should check the Companies House register to see if:

• the LLP is in liquidation, dormant, or about to be struck off
• the LLP’s accounts and annual return are overdue

An LLP may still be carrying on business if it is in liquidation, dormant or late in filing documents, but you should make extra checks to satisfy yourself that this is the case.

For any LLP, you should consider looking at:

• the LLP’s website
• relevant trade, telephone directories or reputable websites
• the latest accounts filed at Companies House

If you are still not sure if the LLP is carrying on business in the UK, you should ask for written confirmation of its business activities from the LLP’s directors.

What information must you record?

You must record:

• the name as it is shown on the register
• the LLP’s registered office address2

You should also record the LLP’s registered number.

What is an unincorporated association?

In general, an unincorporated association is an association of two or more individuals who have come together to carry out a shared purpose.  

An unincorporated association has an identifiable membership which is bound together by identifiable rules or an agreement between the members. These rules set out how the unincorporated association is to be run and managed.

Sometimes the rules might be formalised, for example in a written constitution. However, they do not need to be formalised.

For example, members’ clubs are sometimes unincorporated associations.

What makes an unincorporated association permissible?

An unincorporated association is permissible if:

• it has more than one member
• the main office is in the UK
• it is carrying on business or other activities in the UK1

You must be sure that the unincorporated association meets all three criteria. 

How do you check permissibility?

There is no register containing all unincorporated associations. Permissibility for unincorporated associations therefore must be assessed on a case-by-case basis.

If you are not sure that an association meets the criteria, you should consider whether the donation is actually from individuals within it (rather than the association) or if someone within the association is acting as an agent for others.

If you think this is the case, you must check the permissibility of all individuals who have contributed more than £50 and treat them as the donors.

You must ensure that the unincorporated association has more than one member and has its main office in the UK.

You must check that the unincorporated association is carrying on business or other activities in the UK.

If an unincorporated association makes political donations amounting to more than £37,270 in a calendar year, you should make them aware that they have to report this to us. Please see our guidance for more information on unincorporated associations.

If you would like further advice on checking the permissibility of unincorporated associations in specific cases, please contact us.

What information must you record?

You must record:

• the name of the unincorporated association
• the unincorporated association’s main address2

Registered political parties

A party must be on the Great Britain register to be permissible.1 You can find the full list of Great Britain registered political parties on our register of political parties.

Trade unions

A trade union must be listed as a trade union by the Certification Officer or the Certification Officer for Northern Ireland to be permissible.2 You should check the official list of active trade unions on the Certification Officer’s website or on the Certification Officer for Northern Ireland’s website.

Building societies

A building society must be a building society within the meaning of the Building Societies Act 1986 to be permissible.3 You should check the list of building societies registered by the Financial Conduct Authority on the Mutuals Public Register.

Friendly societies, and industrial and provident societies

Friendly societies, and industrial and provident societies must be registered under the Friendly Societies Act 1974, the Co-operative and Community Benefit Societies Act 2014, or the Industrial and Provident Societies Act (Northern Ireland) 1969 to be permissible.4 You should check the Mutuals Public Register maintained by the Financial Conduct Authority.

What information must you record?

You will need to record:

• the name of the donor
• the address, as shown on the relevant register5

You usually ‘receive’ a donation on the day you take possession of it.

For example:

• if you are given free leaflets, you receive the donation when the leaflets are handed over to you
• if you are given a cheque, you receive the donation on the date that the cheque clears
• if a donation is transferred directly into your bank account, you receive the donation on the date that it is received into your account

If the candidate has received a donation, both the donation and any supporting information regarding the identity and permissibility of the donor must be provided to the election agent if one is appointed.1 Under the law, in these circumstances a donation is treated as if it were received by the agent on the day it was first received by the candidate.2 Candidates must therefore provide donations and any supporting information to their agent as soon as practicable.

When do you accept a donation?

You accept a donation on the day you agree to keep the donation. For non-monetary donations, if you use the donation, you have thereby accepted it.

If you keep a donation after the 30-day period, you are also deemed to have accepted it.3

If you know who the donor is, you must return the equivalent sum to them within 30 days of receiving the donation.1

If the donation is from an unidentified source (for example, an anonymous £100 cash donation), you must return the equivalent sum within 30 days of receiving the donation to:

• the person who transferred the donation to you, or
• the financial institution used to transfer the donation2

If you cannot identify either, please contact us as you must send the equivalent sum to the Electoral Commission. We will pay it into the Consolidated Fund, which is managed by HM Treasury.3 Please contact us to arrange for the transfer of these funds so we can provide you with our bank details.

If any interest has been gained on the donation before you return it, you can keep it. This is not treated as a donation, and it does not need to be reported.4

The value of a donation is the difference between the value of what you receive and the amount (if any) you pay for it.1 As with all types of donations, you must also ensure any donation you accept over £50 is from a permissible donor.2

If you receive something as a benefit in kind, free of charge or at a non-commercial discount of more than 10%, that you or someone else makes use of in your campaign (also known as notional spending), you must also report this as a donation if the value of what you have received is more than £50.3

The donation rules only apply to non-commercial discounts.4

You should read the section on notional spending before reading this section.

The guiding principle

The guiding principle is that, in all cases, you should make an honest and reasonable assessment of the value of the goods or services you are receiving.

If the exact or similar options of the item or services are available on the market, you should use the rates charged by other providers to guide you in making a valuation. For example, if the donor is a commercial provider, you should use the rates they charge other similar customers.

If there are no exact or similar options of the goods or services available on the market, you should base your assessment on the commercial value of a reasonable equivalent. If you are still not sure how to value a particular donation, please contact us for advice.

You should ensure you keep a record of assessments and valuations so that you can explain whether or not a donation has been made.

Valuing a donation by sponsorship

If someone sponsors a publication or event on the candidate’s behalf, the value of the donation is the full amount that they pay.

You must not make any deduction for any benefit that they receive from the sponsorship. Please see our guidance on sponsorship  for more information.

Valuing other types of donations

You can find more information on valuing office space and seconded staff in Valuing notional spending and Splitting spending.

Donations you have accepted

If you accept a donation over £50, you must record:

• the required details for the type of donor (please see the relevant donor type page)1
• the amount (for a monetary donation) or nature and the value of the donation (for a non-monetary donation)2
• the date on which you received the donation
• the date on which the donation was accepted3

Donations you have returned

If you receive a donation from an impermissible source, you must record these details:

• the amount (for a monetary donation) or nature and value of the donation (for a non-monetary donation)4
• the name and address of the donor (unless the donation was given anonymously)5
• if the donation was given anonymously, details of how the donation was made6
• the date you received the donation7
• the date you returned the donation8
• the action you took to return the donation (for example, the person or institution you returned it to)9

After the election

You will need to report these details in your short campaign donations return. You can find more information about the return, and when you need to submit it, in after the election.

MSPs standing for re-election

Holders of elected office such as MSPs also have donation reporting requirements separate from the candidate donation controls. Permissible donations must be registered with the Register of Interests as usual.

Impermissible donations must be reported to the Electoral Commission. If you receive an impermissible donation of over £500 towards your re-election before you officially become a candidate, this must be reported directly to us.

If you are re-standing as an MSP, you should read the Scottish Parliamentary Corporate Body’s dissolution guidance for more information on the use of publicly-funded offices or IT equipment for campaigning purposes:

• SPCB Guidance for members and their staff
• SPCB Guidance for members not standing

Many political parties run local fighting funds for candidates. If the fund is managed and controlled by the party and not the candidate, donations to the fund are usually treated as made to the party and you do not need to treat them as donations to the candidate, unless the donations are specially made towards your election campaign.

However, you will need to report donations from the local party that are made for the purpose of meeting your campaign spending.  

For example, a party branch collects donations to raise funds for election campaigning in the local area. If the local party makes it clear that these donations are made for the purpose of meeting the candidate’s election expenses, or a donor specifies their donation is being made for this purpose, then this is a candidate donation.

Any donations held on your behalf must be made available for your use. This includes donations held on your behalf by your political party or someone else. 

Crowdfunding is the use of a web-based platform to collect donations. The platform is generally managed by a third-party provider and each individual fundraising campaign has a page on the site.  

Campaigns usually run for a set period of time. The fundraiser will often choose a deadline for reaching a fundraising goal. At the end of that time, the funds raised, minus a fee paid to the provider, are passed to the fundraiser.

There are different ways that crowdfunding platforms can pass funds to fundraisers. Some platforms may let you withdraw funds while your campaign is still running. Other platforms will only transfer funds to you once your campaign has ended.  

If you are collecting donations by crowdfunding, you must comply with the law on donations. The donation controls for candidates apply once you are officially a candidate.

Before you create a crowdfunding page, you should check the features of the crowdfunding platform. You should make sure that you will have the tools and information you need to follow the law on donations.

You should collect sufficient information from every donor to ensure that you can:

• Properly check that each donation over £50 is from a permissible source 
• Identify whether multiple donations have come from the same source 
• Accurately record the donations you have received in your spending and donations return

You should choose a crowdfunding platform that allows you to return donations which are not permissible.

Private crowdfunding donations and anonymous donations

In this guidance, we will refer to both private crowdfunding donations and anonymous donations. These terms are defined in the table below: 

You should check that, as the fundraiser, you will be given access to the information you need on your donors.  

You must not accept donations made anonymously, or if you are unable to identify who the donor is.

You may accept private crowdfunding donations, provided you have the details required to check their permissibility.  

However, you may want to consider whether you want to allow private crowdfunding donations for your campaign.

Accessing the funds raised

There are different ways that crowdfunding platforms can pass funds to fundraisers. Some platforms may let you withdraw funds while your campaign is still running, while others will only transfer funds to you once your campaign has ended.  

The length of time it takes to receive funds after the deadline may also vary depending on which crowdfunding platform you are using.  

It is important for you to understand when you can access funds. Once funds are received, you must carry out permissibility checks on relevant donations and keep records for your spending and donations return. We recommend planning your crowdfunding campaign so that you will receive your donations with enough time to complete the required checks ahead of the deadline for submitting your return. 

You should make sure that your crowdfunding page provides information about who the money is being donated to and what the money is being donated for. For example, you should make clear whether the funds are being raised to meet your election expenses, will be used for your campaign to be selected as a candidate, or for a party election campaign. This is important because there are different recording and reporting thresholds for candidate and party donations.

You should make sure that the page contains information to explain that permissibility checks will be undertaken in compliance with the law. You should be clear about the reasons why you are collecting any information.

Your crowdfunding page should also explain that donation and donor information for all donations over £50, including private donations, may be reported to Returning Officers. Returning Officers make returns prepared by candidates available for public inspection after elections. You can find a definition of the term ‘private crowdfunding donation’, in Choosing a crowdfunding platform.

We recommend you are clear and explain that if a donor cannot be identified, or if they are an impermissible donor, then the donation will have to be returned. If you do not receive enough information about a donor, you may need to contact them to ask for further details.

We recommend that you include an imprint on your crowdfunding page. You can find more information on digital imprints, in Imprints.

If you are planning to create a crowdfunding campaign and you are unsure about which requirements apply, or how to plan your campaign to meet requirements, you can reach out to us for advice.

You must only accept donations over £50 from a permissible source.1 You can find more information about permissible sources and how to check the permissibility of different types of donor, in who can you accept a donation from?

Money donated via a crowdfunding webpage that is £50 or less is not a donation in electoral law and is not reportable.2

You must not accept a donation with a value of over £50 if you cannot identify who the actual donor is, or if the donation is anonymous.3 An anonymous donation is where no donor information is provided to the person or organisation that has received the donation.

When accepting donations, you must be aware of situations where it appears a donor is attempting to evade the law on permissibility, for example if someone makes multiple donations of £50 or less. It is an offence to attempt to evade the controls on donations.4 If you are concerned this may be happening, please contact us for advice.  

Checking permissibility

Once a donation is received, you have 30 days to carry out permissibility checks and decide whether to accept or return it.5 The date of receipt is the date you receive the funds from the crowdfunding site. This may be different to the date that the donation was made. When you receive the funds will depend on whether the crowdfunding platform lets you make withdrawals during your campaign, or once it has ended.  

You must comply with donation laws for any donation you receive during the regulated period. This includes donations which were made on your crowdfunding page before the regulated period began, but were transferred to you during the regulated period.

You should record information for all of the donations you check, as you will need to report these details in your return.

Checking private donations 

A private crowdfunding donation is where the donor’s details are not visible on a public crowdfunding page, but this information is provided to the person who created the page. You may accept private crowdfunding donations, provided you have the details required to check the donor’s permissibility.

When you receive a private crowdfunding donation over £50, you should make sure that you have enough information on the donor to carry out permissibility checks.  

For example, if you receive a donation of £100 from an individual who has only provided a name and email address, you should contact the donor to request their home address. You will need this information to check whether the individual is on the UK electoral register, and therefore a permissible donor.

If you cannot check the donor is permissible from the information you have, you must return the donation.

Returning impermissible donations

If you cannot identify who the donor is, or if the donor is impermissible, then you must return the donation within 30 days of receipt.6 The crowdfunding platform you are using may allow you to return the donation directly to the donor.

If you cannot return the donation to the donor, you should return it to the financial institution used to transfer the donation. This could be the crowdfunding platform you are using, or the bank which has transferred the donation on behalf of the platform. 

If it is not possible to return the donation to the donor or the financial institution, please contact us as you must send the donation to the Electoral Commission. We will pay it into the Consolidated Fund which is managed by HM Treasury.7 Please contact us to arrange for the transfer of these funds.

Before you complete and submit your spending and donations return, you should make sure that you have carried out permissibility checks on all donations over £50. 

In your return, you must individually record all donations you have accepted above £50 and all impermissible donations you have returned.

Donations you have accepted

If you accept a donation over £50, you must record:

• the required details for the type of donor (please see the relevant donor type page)1
• the amount (for a monetary donation) or nature and the value of the donation (for a non-monetary donation)2
• the date on which you received the donation
• the date on which the donation was accepted3

Donations you have returned

If you receive a donation from an impermissible source, you must record these details:

• the amount (for a monetary donation) or nature and value of the donation (for a non-monetary donation)4
• the name and address of the donor (unless the donation was given anonymously)5
• if the donation was given anonymously, details of how the donation was made6
• the date you received the donation7
• the date you returned the donation8
• the action you took to return the donation (for example, the person or institution you returned it to)9

You can find a definition of the term ‘anonymous donation’, in Choosing a crowdfunding platform.

Crowdfunding platform fees 

Crowdfunding platforms may charge fees for donation transactions, transfers of funds, and for using their platform. These fees count as an election expense, and you must report them in your return under the accommodation and administrative costs category. 

These fees may be a percentage of the donations you receive. You must report the full value of donations received10 and report the fees separately as election spending. It is acceptable for these fees to be aggregated and reported as one line of spending in your return.

After the election 

You will need to report these details in your return. You can find more information about the return, and when you need to submit it, in Completing your return. 

If you are unsure about which reporting requirements apply, you can contact us for advice.

A candidate and agent decide to raise money on a crowdfunding website to spend on their candidate’s campaign. The election will take place on 7 May. The candidate became a candidate on 26 March.  

The agent creates a crowdfunding page with a deadline of 7 May.

The agent chooses a crowdfunding platform that collects enough information from donors to ensure they can complete their recording and reporting obligations, and allows donations to be returned if they are impermissible.

The agent includes the following information on their crowdfunding page:

• who the money is going to and what it will be used for – “I am raising money for my campaign to be elected as an MSP”  
• advice that permissibility checks will be undertaken for donations made over £50 
• advice that if a donor cannot be verified, or is an impermissible source, their donation will be returned 
• advice that details of donations may be reported to Returning Officers as part of the candidate’s return, and may in turn be made available to the public by the Returning Officer 
• a valid imprint

By the deadline, the crowdfunder has raised £850. The funds, minus the platform’s fees, are transferred to the agent five working days later. The donations include:

• Donation A: £250 made on 10 April, donor name and home address received 
• Donation B: £100 made on 12 April, donor name and home address received
• Donation C: private donation of £75 made on 14 April, donor name and email address received 
• Several contributions under £50 made over the crowdfunding period

The agent receives the funds on 7 May and downloads information on the donors from the crowdfunding platform. Their 30-day window for permissibility checks starts on 7 May, because this is the date of receipt.

Donation A is accepted after permissibility checks are carried out.

The agent carries out permissibility checks on Donation B and finds out that the donation was from an impermissible source. The agent returns the donation to the donor through the crowdfunding platform.

The agent receives only the name and email address of the donor for Donation C. This information is not enough to check permissibility. The agent contacts the donor to request their home address, but doesn’t receive a response. The agent must reject the donation and return it to the donor.

The agent does not need to check the contributions under £50.

When the agent completes their return, they record the donations over £50 which they accepted, and those which were returned. Contributions of £50 or under are not recorded. The agent records the fees charged by the platform under the accommodation and administrative costs category in their spending return. 

The following sections will provide guidance on your campaigning. This includes:

• when you can start campaigning and dos and don’ts for your campaign
• using the electoral register and absent voter lists
• your role in maintaining the integrity of the election
• electoral offences and reporting allegations of electoral fraud
   

You can start campaigning at any time. You do not have to wait until you are validly nominated to declare that you will run for election, ask people to support you or publish campaign material. Election spending limits apply ahead of the election. There is a long and short campaign for all candidates in Scotland and you should ensure you are aware of the rules for each part of the campaign. 

For more information on election spending see our guidance on the rules on spending and donations for constituency candidates, individual regional candidates and regional party list candidates. 

Regional party list candidates will also need to be aware of the spending and donation rules for political parties. For more information see our guidance for political parties on campaign spending, including those submitting regional lists of candidates for the election.

This section sets out activities that candidates and their supporters can carry out during their campaign, those they should carry out, and things that they must not do. 

The relevant Returning Officer (RO) will have covered the standards of behaviour expected from candidates and their supporters during the election campaign and on polling day as part of their briefing for candidates and agents. You should contact the relevant RO if you were not able to attend the briefing for details of their briefing.

For more information about acceptable campaigning activities see our Code of conduct for campaigners at Scottish Parliament, Senedd Cymru, Scottish council and Welsh local elections.

• Encourage people who are not on the electoral register to apply for registration. The deadline for registering to vote in time for the Scottish Parliament election is 12 working days before the poll.1 Individuals can register online at https://www.gov.uk/register-to-vote.
• Help voters with information about postal and proxy voting and encourage voters to apply. The deadline for applying for a postal vote is 5pm, 11 working days before the poll.2 The deadline for applying for a proxy vote for the elections is 5pm, 6 working days before the poll,3 although in some circumstances electors may apply for an emergency proxy up to 5pm on polling day. 

The Convener of the EMB has issued directions to ROs on the timing of the first and final issues of postal votes. The directions are available on their website.

An elector can apply for an emergency proxy if, after 5pm 6 working days before the poll:

• they have had a medical emergency, (or, for electors who suffered a medical emergency before the deadline, and the nature of it meant that they could not reasonably make an application in time),
• they are accompanying another person to attend medical care or treatment,
• their appointed proxy is unable to vote at the polling station due to a change of circumstances,
• they have been called away on business,
• they become aware they will be serving a prison sentence of 12 months or less

You can find out more about who can register and postal and proxy voting on our website. 

• Make sure any application forms you develop include all the required information, otherwise the applications will be rejected. In particular, you must make sure that the signature and date of birth fields on postal and proxy application forms are in the correct format. You should use our absent voting application forms as a guide and you should liaise with the Electoral Registration Officer (ERO) who may be able to provide you with forms you can use. 
• Inform voters to return their completed application forms to the ERO as soon as practicable. Campaigners should not collect completed paper applications from voters and should not ask voters to send completed applications to campaigners’ addresses. 
• Make sure your supporters follow the Code of Conduct for Campaigners at Scottish Parliament, Senedd Cymru, Scottish council and Welsh local elections – this will help them to avoid situations where their honesty or integrity could be questioned
• Make sure your supporters are courteous when dealing with other candidates and their supporters as well as at electoral events such as the verification and count 
• Be aware of the deadlines for appointing an election agent, and agents to attend postal vote opening sessions, polling stations and the count. Deadlines are set out in our guidance for postal voting, polling day and the verification and count.
• Check our guidance on how postal vote openings, the voting process and the count will work so that you know what you can expect to happen 
• Comply with any additional security arrangements that the relevant Returning Officer may put in place at electoral events, such as the verification and count, for example requiring attendees to show ID or bag checks before being allowed entry and follow any instructions regarding the standards of behaviour expected 
• Check that your systems for recording spending and donations are working. For more information see our guidance on donations and election spending.

• knowingly make a false statement about the personal character of another candidate.1
• pay canvassers.2 Canvassing means trying to persuade an elector to vote for or against a particular candidate or party.

For more information on election offences and how to report these see our guidance on offences.

If either you or the election agent have made a mistake and have acted in contravention of the rules, you can apply for relief from the consequences of having made a mistake. For more information see our guidance on what to do if you have made a mistake.

You must:

• Use imprints on all your printed1 and digital2 election material. You should ensure the imprint is clear and visible. See our guidance on using imprints for more information.
• Comply with planning rules relating to advertising hoardings and large banners. Where a campaign covers more than one local council area you should ask all relevant councils for advice to understand how any rules may differ in each area
• Make sure that outdoor posters are removed promptly after the election. You must do this within two weeks of the election.3  

You should:  

• Consider how to make your campaign accessible to all voters – for example disabled voters, or voters whose first language isn't English. You may want to make contact with disability groups in your local area for advice.

You must not:

• Produce material that looks like the poll cards sent to voters4
• Pay people to display your adverts (unless they display adverts as part of their normal business)5

An imprint must be added to all your election material to show who is responsible for its production.1

You should ensure that your imprint is clear and visible.

For imprints on printed material, please see Candidate imprints: Scottish Parliament elections and council elections in Scotland. 

For imprints on digital material, please see Statutory guidance on digital imprints.
 

If you are shown as standing nominated in the statement of persons nominated as a constituency candidate you will be entitled to free postage on an election address sent to electors in the constituency.

If you are shown as standing nominated in the statement of persons and parties nominated as an individual regional candidate, or you are the Nominating Officer of a registered political party which has submitted a list of candidates, you will be entitled to free postage on an election address sent to electors in the region.

The address must only contain matters relating to the election.

If you declare that you are a constituency or individual regional candidate at the election before the publication of the statement of persons and parties nominated, you are also entitled to exercise this right. However, Royal Mail will require a security for the payment of postage in case you are not shown as standing nominated on the statement. 

If a party has submitted a party list before the publication of the statement of persons and parties nominated, they are also entitled to exercise this right. However, Royal Mail will require a security for the payment of postage from the Nominating Officer (or a person appointed to act on their behalf) in case the party is not shown as standing nominated on the statement.

You may have postage paid on either:

• one unaddressed election communication of up to 60 grams to every postal address, or
• one election communication of up to 60 grams addressed to each elector

If you are considering exercising this right, you should contact Royal Mail to make arrangements. Royal Mail’s terms and conditions must be complied with. 

We strongly advise that you consult Royal Mail’s guidance on candidate mailings at www.royalmail.com/business/manage-mail/candidate-mail

Access by constituency and individual regional candidates

Constituency candidates and individual regional candidates are entitled to receive a copy of the electoral register and lists of absent voters once they officially become a candidate.1

• Constituency candidates are entitled to copies covering the constituency they are standing in.
• Individual regional candidates are entitled to copies for the region.

Access by party lists

The election agent of a registered political party that has submitted a list of candidates to the Regional Returning Officer is entitled to a copy of the electoral register and lists of absent voters for the region. The register and lists can only be supplied to the election agent after the party has submitted a list of candidates.

Registered political parties are, however, entitled to obtain and use the electoral register and lists of absent voters at any time for electoral purposes and, in the case of the register, the checking of donations.

There are two registers

Using information received from the public, registration officers keep two registers.

The electoral register 

The electoral register lists the names and addresses of everyone who is registered to vote in public elections. The register is used for electoral purposes, such as making sure only eligible people can vote. It is also used for other limited purposes specified in law, such as detecting crime (e.g. fraud), calling people for jury service, checking credit applications.

The open register 

The open register is an extract of the electoral register, but is not used for elections. It can be bought by any person, company or organisation. For example, it is used by businesses and charities to confirm name and address details. Electors can request not to have their name and address included in the open register. 

Copies of the electoral register and lists of absent voters can be obtained from the relevant Electoral Registration Officer (ERO). EROs are appointed for each local council area, to maintain the electoral registers. You can find their contact details on our website.

The request must be made in writing1 and we have made a register request form and an absent voters’ lists request form available for this purpose.

While requests must be made to the ERO, election agents for a party list and individual regional candidates should also liaise with the Regional Returning Officer, who may have put arrangements in place to coordinate requests for all the registers and lists in the region.

The register and lists will be supplied in electronic format unless a paper copy is specifically requested.

The version of the electoral register and lists you will receive will be the ones current at the time of your request. You may also request the updates to the electoral registers and lists that are published in the lead-up to the poll, including the list of newly registered electors when it is published five working days before the poll.

The Convener of the EMB has issued directions to ROs on the timing of the first and final updates of the electoral register. The directions are available on their website.

Any person found breaching the restrictions on the use of the electoral register could face an unlimited fine. For more information see our guidance on restrictions on the use of the information contained in the electoral register. 

Requesting the electoral register outside of the election period

Political parties and elected representatives are also entitled to request a copy of the electoral register outside of the election period.

Guidance on what information can be requested, when and how it can be requested, and the permitted uses of that information can be found in our factsheet:

More information can be found in our guidance on access and supply of the electoral register.

The electoral register and lists of absent voters contain people’s personal data so their use is very carefully controlled.

Constituency candidates, individual regional candidates, parties and election agents can use the information on the registers and lists to:

• help them campaign
• check that donations are permissible

Any details that appear only in the electoral register and not on the open register which is available for general sale must not be released to any person.

The electoral register and lists of absent voters must not be used for any other purpose not listed above.

The electoral register and the lists of absent voters must be kept secure.1 Once you no longer need the register and lists of absent voters for any electoral purpose, you should securely destroy any copies supplied to you as a candidate in accordance with the Information Commissioner’s guidelines. 

If copies of the electoral register or lists of absent voters have been supplied to party list candidates and/or campaign workers, they must also comply with these requirements. 

You may want to engage with the public at public meetings, promoting your views and responding to questions from the audience.

Any constituency or individual regional candidate is entitled to use rooms and schools funded by Scottish Ministers or any other part of the Scottish Administration, or a Scottish public authority, for public meetings from the point they officially become a candidate until the day before polling day.1

A party list candidate has this right once the party’s nomination form and list of candidates has been submitted.2   

You should contact the owner of the premises to make a booking, giving reasonable notice to reduce the risk of the request being refused. Your right to use the room does not include hours during which a school is used for educational purposes or when any prior letting of a meeting room has been agreed.

There is no hire charge for using these rooms, but you must pay for any expenses incurred, such as heating, lighting and cleaning, and for any damage to the premises.

The Proper Officer of each council in Scotland keeps a list of the location and availability of meeting rooms in their area. They will make this list available for inspection by candidates, election agents and the Nominating Officer of a party which has submitted a regional list, from the day the notice of election is published. You can obtain the contact details of the Proper Officer through your local council.

Candidates are one of the key public faces of the election, and your conduct will be scrutinised in detail by your opponents, the media and voters.

Voters should be able to trust that you will comply with the law and maintain the security and integrity of the election process.

Election agents are responsible for your campaign and are legally responsible for its financial management. 

You should also make sure that your supporters fully understand the law and know what they need to do to ensure that:

• voters can participate freely in this election; and
• other candidates and their supporters can participate safely in this election and be free from intimidation 

If there is an immediate and direct threat to personal safety and/or the incident is currently ongoing and urgent, you and/or your 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 service 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. 

More information about security guidance for candidates and agents is available at Candidate Security Guidance Collection - GOV.UK.

The police can only investigate allegations of electoral fraud where there is evidence to show that an offence has taken place. Claims or allegations should always be able to be substantiated when referred to the police. 

You should also consider the impact on public trust and confidence of making false or unsubstantiated allegations about the conduct of other campaigners.

Neither the Constituency Returning Officer, the Regional Returning Officer nor the Electoral Commission regulate these offences. For more information see our guidance on reporting allegations of electoral fraud.

The following table shows a number of electoral and non-electoral offences of which you should be aware. You should seek your own legal advice where necessary.

You may be able to apply for relief from the penalties for any offence which has been committed inadvertently, innocently or without your knowledge.

You should always seek legal advice if considering applying for relief.

For more information, you should contact the: 

Petitions Department
Court of Session
Parliament Square
Edinburgh
EH1 1RQ

Email: [email protected]

Tel: 0131 240 6747

Fax: 0131 240 6711
 

If you are concerned that electoral fraud may have been committed, you should first speak to the relevant Electoral Registration Officer (ERO) or the relevant Returning Officer. 

They may be able to explain whether or not electoral fraud has been committed, and can refer your concerns to the police if necessary. They can also provide you with the details of a police contact so that you can report the allegation yourself.

If you have evidence that an electoral offence has been committed you should contact the police immediately, using the 101 non-emergency number unless there is a crime in progress, in which case you should use the standard 999 emergency line. 

Every police force has a dedicated Single Point of Contact Officer who will be able to provide advice to ensure that your allegations are properly investigated. You should be prepared to give them a statement and substantiate your allegation. 

If you do not want to give a statement to the police, you can report your concerns anonymously on the Crimestoppers website or by calling Crimestoppers on 0800 555 111.

You can find contact details of EROs on our website.  

The contact details of Constituency Returning Officers and Regional Returning Officers will be made available as soon as possible. 

Please note that if your allegation relates to party, election or registered campaigner finance matters, such as spending or donations, then you should follow the advice given on our website.  
 

This section contains our guidance on standing as a constituency candidate at Scottish Parliament elections.

The guidance covers:

• The nomination process, including what forms you need to complete
• When and how you need to submit your nomination papers
• What happens after you submit your nomination papers

Guidance on standing for other elections can be found on our website.

To become nominated as a constituency candidate at a Scottish Parliament election, you need to submit a completed set of nomination papers to the place fixed by the Constituency Returning Officer (CRO), together with the deposit of £500, by 4pm, 23 working days before the poll.1

This deadline is set out in law and cannot be changed for any reason.

Nomination papers can be delivered from the day after the publication of the notice of election. The times and place for delivery of nomination papers will be set out in the notice of election published by the CRO.2

The nomination papers that you must submit to make your nomination valid are:3

• the nomination form
• your consent to nomination

The CRO can hold your nomination paper invalid if the particulars of your nomination are not as required by law. The CRO can also reject your nomination if they conclude that it is clearly a sham, for example, if an obviously fictitious name is provided.

You can obtain nomination papers from the CRO. Contact details can be obtained from our website. Alternatively, we have produced a set of nomination papers that you could use.

If you, your agent, or someone you trust are unable to complete the nomination form, the CRO can help by preparing the form for your signature.4 You should check with the CRO at the earliest opportunity what assistance may be available.

The CRO may also be able to offer informal checks of your completed nomination papers before you submit them. You should find out from the CRO whether they plan to offer informal checks.

Note that any information you provide on your nomination papers must be true to the best of your knowledge. It is an offence to provide a false statement on your nomination papers. Providing a false statement could invalidate your election, and is also punishable by a maximum fine of £10,000 (or unlimited if convicted on indictment) and/or imprisonment.5

The nomination form must be completed in English. The form must contain:1

Your full name

• This means your surname and other names in full
• Using initials only could lead to your nomination paper being rejected
• Do not use prefixes such as Mr, Mrs, Dr or Cllr as part of your name
• The same applies to suffixes. However, if you have a title, you can use this as your full name. For example, if your actual name is Joseph Smith but your hereditary title is Joseph Avon, you can use the name Joseph Avon as your full name.

Your full home address

Your home address must:

• be completed in full
• not contain abbreviations
• be your current home address
• not be a business address (unless you run a business from your home)

Your home address does not need to be in the constituency in which you wish to stand.

Your signature and signature of a witness

• You must sign your nomination paper
• Your signature on the form must be witnessed and the witness must sign the form and give their full name and address
• There are no restrictions on who can be a witness

Description

You can also choose to use a description on your nomination paper. The type of description you can use depends on whether you are an independent or party candidate.

You do not have to use a description. You may choose not to have a description at all by leaving the description field of the form blank.

If you commonly use a name that is different or partly different to your actual name, you can ask for your commonly used name(s) to be used instead of your actual name.1

You may state a commonly used forename, surname or both.

For example, you may be known by your abbreviated name Andy, rather than your full first name Andrew. In that case you can write, Andy into the commonly used forename box on the nomination paper if you would rather that name appear on the ballot paper.

You may also use initials as part of your commonly used name if you are commonly known by them.

The commonly used name(s) would then appear on:

• the statement of persons nominated and the notice of poll
• the ballot paper

Decisions on Commonly Used Names

The Constituency Returning Officer (CRO) will disallow commonly used names that are likely to mislead or confuse electors, or are obscene or offensive. If the name(s) are not permissible, the CRO will write to you stating the reason for rejection. In those cases, your actual name will be used instead.2

If either the commonly used forename or surname box on the nomination form is left blank, then the candidate’s actual forename or surname, depending on which commonly used name box has been left blank, will be used.

It is an offence to give a false statement on the nomination form.3 Therefore if the candidate chooses to provide a commonly used name, they must ensure that it is a forename or surname which they commonly use.

You must also formally consent to your nomination in writing.1

The content of the consent to nomination form is fixed by law.

On the consent to nomination form you will be asked to state you not disqualified from standing.

You must also state your date of birth.

You are not allowed to sign the consent form earlier than one month before the deadline for submitting your nomination papers.

Your signature must be witnessed, and the witness must sign the form and give their full name. There are no restrictions on who can be a witness to the consent to nomination.

If you are abroad and the Constituency Returning Officer (CRO) is satisfied that because of your absence from the UK it is not practicable for you to give your consent in writing and deliver it by hand to the CRO, you will be allowed to provide the consent by fax or email, and will not require a witness to sign the form.

This section outlines the additional information that candidates standing on behalf of a political party must submit with their nomination papers.

To stand on behalf of a registered political party, the party must be registered on the Commission’s register of political parties at http://search.electoralcommission.org.uk and be listed as allowed to field candidates in Scotland.

You will also need to submit a certificate of authorisation if you want to use a party name. If you also wish to use an emblem of the party, you will also need to submit an emblem request form as part of your nomination.

Political parties authorise candidates to stand for them by issuing a certificate of authorisation. This must state that the named candidate can stand on their behalf and allows them to use the party name as registered with the Commission or one of the variants set out in the list below.1

A certificate may authorise:

• the exact party name as registered with the Commission
• the party name as registered with the Commission with the word 'Scottish' added to the beginning of the party name
• if the party name registered starts with the word 'The', the word 'Scottish' can be inserted after the word 'The' on the nomination form
• the exact party name of two different parties as registered with the Commission
• the exact party name of two different parties as registered with the Commission, separated by the word 'and' between the names of both parties
• the party names of two different parties as registered with the Commission separated or not, as the case may be, by the word 'and' with the word 'Scottish' added to the beginning of either or both of those party names

Particular care should be taken by the Nominating Officer (or someone authorised to act on their behalf) when completing the certificate of authorisation. If the certificate explicitly authorises a particular party name/description and this does not match the name/description on the nomination paper, the whole nomination will be invalid.2

If you are standing on behalf of more than one political party, you will need a certificate of authorisation from the Nominating Officer of each of the registered parties (or people authorised to act on their behalf) by the deadline for the delivery of nomination papers. 

It is for you to decide the order in which the party names appear.

The certificate of authorisation must be signed by the registered Nominating Officer of the political party or by someone authorised by the Nominating Officer to act on their behalf, and be received by the Constituency Returning Officer (CRO) by the nominations deadline, by 4pm, 23 working days before the poll.3

The certificate of authorisation is prescribed. We have produced a set of nomination papers that you could use which includes the certificate of authorisation. Alternatively, you can obtain nomination papers from the CRO. Contact details can be obtained from our website.

If you have been authorised by a political party to use the party name on the ballot paper, you can also request that one of the party's official emblems is printed on the ballot paper next to your name.1

A party can register up to three emblems. You may want to check with your party (e.g. with the Nominating Officer or someone authorised to act on their behalf) which emblem to use.

Candidates standing on behalf of two or more registered parties jointly can use an emblem that has been registered by one of the relevant parties.

You must make the request for an emblem in writing and deliver it to the Constituency Returning Officer (CRO) by the close of nominations, i.e. 4pm, 23 working days before the poll.2

The CRO will supply you with a form you can use to make this request or, alternatively, you can use the emblem request form produced by the Commission.

The request should state both the name of the party and the description of the emblem to be used, as listed on the Commission's online register of political parties. Registered emblems cannot be varied in any way.

It is your responsibility to ensure that your nomination papers, including the nomination form, consent to nomination and, where relevant, the certificate of authorisation and emblem request form, are delivered to the place specified on the notice of election by 4pm, 23 working days before the poll.1 If you are appointing an election agent, you will also need to submit their appointment form by this deadline.

Who can deliver the nomination papers?

There are no restrictions on who may deliver your nomination papers, but we recommend that you, your agent or someone you trust delivers them, so you can be sure they are delivered to the Constituency Returning Officer (CRO) in time.

You should contact the CRO as soon as possible to find out what arrangements are in place for submitting nomination papers. You will be able to contact the CRO via your local elections office. Contact details can be obtained from our website.

The nomination form and the consent to nomination must be submitted 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 and the Constituency Returning Officer considers it impracticable for the consent to be delivered in writing, in which case it may be submitted electronically.1

The certificate of authorisation and emblem request form may be submitted by post, but may not be submitted by fax, email or other electronic means.2

The original version of each completed paper must be submitted. A certificate of authorisation which has been sent as an attachment to an email to be printed out, for example, would make it a copy document and not the original document.

You should submit your nomination papers as early as possible to give you sufficient time to submit new nomination papers should your first set contain any errors.

The Constituency Returning Officer (CRO) will confirm the exact details of when and where nomination papers can be delivered on the official notice of election.

The notice of election will be published not later than 28 working days before the poll and not earlier than 35 working days before the poll. In most cases, the notice of election will be published by the CRO on their council's website.

Nomination papers can only be delivered from the day after the publication of the notice of election until 4pm, 23 working days before the poll usually only during normal office hours.1

You should contact the CRO as soon as possible to find out what arrangements are in place for submitting nomination papers.

If, after you have submitted your nomination papers you change your mind and no longer want to stand for election, you can withdraw, provided you do so by 4pm, 23 working days before the poll. For more information see our guidance on withdrawing.

For your nomination to be valid, the sum of £500 must be with the Constituency Returning Officer (CRO) by the deadline for nominations, i.e. by 4pm, 23 working days before the poll. The deposit can be made using:1

• Legal tender - cash (pounds only)
• a UK banker’s draft

The CRO may also accept a deposit made by a debit or credit card or an electronic transfer. However, they may refuse to do so. If you are considering paying the deposit in one of these ways, you should discuss with the CRO at the earliest opportunity whether the payment method is acceptable.

If the CRO allows the deposit to be paid by credit or debit card, there may be a fee charged by the bank or credit card company for the transaction, in which case you will be required to pay any additional fees as well as the £500 deposit.

Where payment is made by electronic transfer, candidates or their agents are responsible for ensuring cleared funds are received by the CRO by the deadline for the delivery of nominations, 4pm, 23 working days before the poll. This deadline is set out in law and cannot be changed for any reason. You are strongly advised to have made the deposit by the time that you submit your nomination papers.

Unless you make the deposit yourself, or the person making the deposit is your agent and you have notified the CRO of their appointment, the person making the deposit must at the time they make it give their name and address to the CRO.2

After the election, the deposit will be returned if you poll more than 5% of the valid votes cast in the constituency. Those candidates who have polled less than, or equal to, 5% of the total number of the valid votes cast will lose their deposit.3

You may withdraw as a candidate by signing and submitting a withdrawal notice, which must be witnessed and signed by one other person.1

There are no restrictions on who may submit the notice, but it must be delivered by hand or by post. However, we recommend that you, your agent or someone you trust hand delivers it, so you can be sure the notice is delivered to the Constituency Returning Officer (CRO) in time.

You can obtain a notice of withdrawal from the CRO or downloaded from our website.

The withdrawal notice must be submitted to the CRO at the place for the delivery of nomination papers and by the deadline for withdrawals, 4pm, 23 working days before the poll.2

After the withdrawal deadline it is not possible to withdraw from the election, and your name will appear on the ballot paper. If the election is uncontested, you will be declared elected.

If you withdraw as a candidate, your deposit will be returned.

Provided no objections have been made, the Constituency Returning Officer will publish a statement of persons nominated, including notice of poll for the constituency by no later than 5pm, 23 working days before the poll.1

The statement will include:2

• the full or commonly used names, as the case may be, of all candidates validly nominated
• the names of candidates who no longer stand nominated, if any (i.e. invalid and withdrawn candidates), with the reason why they are no longer standing
• each candidate's description (if any)

Candidate contact details

Where you have provided your email or telephone contact details to the RO via the candidate contact details form, these details will then be passed on to the police to enable them to provide you with any specific security guidance updates or advice for these elections. 

Only certain people are entitled to attend the delivery of nomination papers and to inspect and make any objections to the validity of a constituency nomination form.1  After your nomination papers and deposit have been delivered and you stand validly nominated, the following can inspect and make objections to a constituency nomination form:

• you
• your election agent
• if you are standing for a political party, the person who issued the certificate of authorisation
• if you are acting as your own election agent, someone nominated by you to attend on your behalf

Nomination papers cannot be inspected by anybody else at any time.

Electoral Commission representatives and one other person chosen by each candidate may also be present at the delivery of nomination papers, but may not inspect them nor make any objections.

No other person, except the Constituency Returning Officer and their staff, may attend the delivery of nomination papers.

Objections to the validity of any nomination form can be made 23 working days before the poll.1

In one exceptional circumstance, where the objection is on the grounds that a candidate is disqualified because they are serving a prison sentence of a year or more, objections can be made 22 working days before the poll.

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

Timetable for objections2

Nominations delivered up to and including 4pm on the day before the deadline for the delivery of nomination papers

Objections to any nomination form delivered up to and including 4pm on the day before the deadline for delivery of nomination papers must be made in the morning of the last day for the delivery of nomination papers, until 12 noon.

Nominations delivered after 4pm on the day before the deadline for the delivery of nomination papers

Objections to any nomination form delivered after 4pm on the day before the deadline for the delivery of nomination papers must be made by 5pm on the last day for the delivery of nomination papers. Any objection must be made at, or immediately after, the time of the delivery of the nomination.

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

In the rare case that the Constituency Returning Officer (CRO) considers that a candidate may be disqualified because they are imprisoned and serving a sentence of a year or more, they will publish a notice inviting objections on this ground. Any such objection may be made between 10am and 4pm on the next working day following the deadline for the delivery of nomination papers.

Decisions on objections

The CRO will consider any objections made, but is entitled to hold a nomination invalid only on the following grounds:3

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

The CRO’s decision that a nomination is valid is final and cannot be challenged during the election. The decision can only be challenged after an election through an election petition. For more information see our guidance on election petitions.

The election is uncontested if either:1

• only one valid nomination is received
• all valid nominations are properly withdrawn by the deadline except one

If the election is uncontested, the Constituency Returning Officer will declare the one validly nominated candidate to be elected as soon as possible and will give public notice of the name of those declared elected.

Even if elected at an uncontested election, candidates must still make a declaration as to their election spending. For more information see our guidance about submitting spending returns and taking up office.

The impact of the death of a candidate before the declaration of the result depends on whether or not the deceased candidate was standing on behalf of a party.

It is the time at which the Constituency Returning Officer (CRO) receives proof of the candidate’s death that is the relevant factor, not the actual time of death.

Death of an independent candidate1

If an independent candidate dies the election continues as normal. If the deceased candidate receives the most votes, they are not elected and the election is re-run. No new nominations are required: all of the existing candidates remain nominated for the new election and retention 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.

If the independent candidate who died did not receive the most votes at the original poll, the candidate who did is declared elected and the election is not affected. If the candidate who died came joint first with the same number of votes as any other candidate, the other candidate is declared elected.

If only two persons are standing nominated and an independent candidate dies and proof is given to the CRO before the election result is declared that the candidate has died, the election is treated as an uncontested election and the other candidate is declared elected.

In all circumstances, the deposit of the deceased candidate will be returned.

Death of a party candidate2

If the CRO receives proof and is satisfied before the declaration of result that a candidate standing on behalf of a party (or as a joint candidate standing on behalf of two or more parties) has died, the election is stopped immediately. If the poll is under way or the count is being undertaken, that process stops. There will be a new election.

No new nominations are required: all the existing candidates remain nominated for the new election and retention or return of the deposit is determined by the election result at the new election. No new nominations are allowed for the new election, except that a new candidate can be nominated to stand on behalf of the same party (or parties) of the candidate who died. Any existing candidates may withdraw by the deadline for withdrawals for the new election. The nomination papers for the candidate standing for the party (or parties) whose candidate died must be submitted by the close of nominations based on the new timetable.

This section contains our guidance for individual candidates not standing on behalf of a party who are standing for election as a regional Member of the Scottish Parliament.

The guidance covers:

• The nomination process, including what forms you need to complete
• When and how you need to submit your nomination papers
• What happens after you submit your nomination papers

Guidance on standing for other elections can be found on our website.

To become nominated as an individual regional candidate at the a Scottish Parliament elections, you need to submit a completed set of nomination papers to the place fixed by the Regional Returning Officer (RRO) with a £500 deposit by 4pm, 23 working days before the poll.1

This deadline is set out in law and cannot be changed for any reason.

Nomination papers can be delivered from the day after the publication of the notice of election. The times and place for delivery of nomination papers will be set out in the notice of election published by the RRO.2

There are two nomination papers that you must submit to make your nomination valid:3

• the nomination form
• your consent to nomination

You can obtain nomination papers from the RRO. Contact details can be obtained from our website. Alternatively, we have produced a set of nomination papers that you could use.

If you, your agent or someone you trust are unable to complete the nomination form, the RRO can help by preparing the form for your signature.4 You should check with the RRO at the earliest opportunity what assistance may be available.

The RRO may also be able to offer informal checks of your completed nomination papers before you submit them. You should find out from the RRO whether they plan to offer informal checks.

Note that any information you provide on your nomination papers must be true to the best of your knowledge. It is an offence to provide a false statement on your nomination papers. Providing a false statement could invalidate your election, and is also punishable by a maximum fine of £10,000 (or unlimited if convicted on indictment) and/or imprisonment.5

The nomination form must be completed in English. The form must contain:1

Your full name 

• This means your surname and other names in full 
• Using initials only could lead to your nomination paper being rejected 
• Do not use prefixes such as Mr, Mrs, Dr or Cllr as part of your name

The same applies to suffixes. However, if you have a title, you can use this as your full name. For example, if your actual name is Joseph Smith but your hereditary title is Joseph Avon, you can use the name Joseph Avon as your full name.

Your full home address 

Your home address must:

• be completed in full
• not contain abbreviations
• be your current home address
• not be a business address (unless you run a business from your home)

Your home address does not need to be in the region in which you wish to stand.

Your signature and signature of a witness 

• You must sign your nomination paper
• Your signature on the form must be witnessed and the witness must sign the form and give their full name and address
• There are no restrictions on who can be a witness

Description

If you want the word Independent to appear on the ballot paper underneath your name, you need to state this on the nomination form. No other descriptions are allowed for candidates who are not standing on behalf of a registered political party.

Alternatively, you may choose not to have a description at all by leaving this part of the form blank.

If you commonly use a name that is different or partly different to your actual name, you can ask for your commonly used name(s) to be used instead of your actual name.1

You may state a commonly used forename, surname or both.

For example, you may be known by your abbreviated name Andy, rather than your full first name Andrew. In that case you can write, Andy into the commonly used forename box on the nomination paper if you would rather that name appear on the ballot paper.

You may also use initials as part of your commonly used name if you are commonly known by them.

The commonly used name(s) would then appear on:

• the statement of persons nominated and the notice of poll
• the ballot paper 

Decisions on Commonly Used Names

The Regional Returning Officer (RRO) will disallow commonly used names that are likely to mislead or confuse electors, or are obscene or offensive. If the name(s) are not permissible, the RRO will write to you stating the reason for rejection. In those cases, your actual name will be used instead.2

If either the commonly used forename or surname box on the nomination form is left blank, then the candidate’s actual forename or surname, depending on which commonly used name box has been left blank, will be used.

It is an offence to give a false statement on the nomination form.3 Therefore if the candidate chooses to provide a commonly used name, they must ensure that it is a forename or surname which they commonly use.

You must also formally consent to your nomination in writing.1

The content of the consent to nomination form is fixed by law.

On the consent to nomination form you will be asked to state that you are not disqualified from standing.

You must also state your date of birth.

You are not allowed to sign the consent form earlier than one month before the deadline for submitting your nomination papers. 

Your signature must be witnessed, and the witness must sign the form and give their full name and address. There are no restrictions on who can be a witness to the consent to nomination.

If you are abroad and the Regional Returning Officer (RRO) is satisfied that because of your absence from the UK it is not practical for you to give your consent in writing and deliver it by hand to the RRO, you will be allowed to provide the consent by fax or email, and not require a witness to sign the form.

It is your responsibility to ensure that your nomination form and the consent to nomination are delivered to the place specified on the notice of election by 4pm, 23 working days before the poll.1 If you are appointing an election agent, you will also need to submit their appointment form by this deadline.

Who can deliver the nomination papers?

There are no restrictions on who may deliver your nomination papers, but we recommend that you, your agent or someone you trust delivers them, so you can be sure they are delivered to the Regional Returning Officer (RRO) in time.

You should contact the RRO as soon as possible to find out what arrangements are in place for submitting nomination papers. You will be able to contact the RRO via your local elections office. Contact details can be obtained from our website.

The nomination form and the consent to nomination must be submitted by hand and cannot be submitted by post, fax, email or other electronic means.1 The only exception to this is where a candidate is overseas and the Regional Returning Officer considers it impracticable for the consent to be delivered in writing, in which case it may be submitted electronically.

The original version of each completed paper must be submitted. A consent which has been sent as an attachment to an email to be printed out, for example, would make it a copy document and not the original document.

You should submit your nomination papers as early as possible to give you sufficient time to submit new nomination papers should your first set contain any errors.

The Regional Returning Officer (RRO) will confirm the exact details of when and where nomination papers can be delivered on the official notice of election.

The notice of election will be published not later than 28 working days before the poll and not earlier than 35 working days before the poll. In most cases, the notice of election will be published on the website of the council of the RRO, as well as on the websites of the councils within the region.

Nomination papers can only be delivered from the day after the publication of the notice of election until 4pm, 23 working days before the poll, usually only during normal office hours.1

You should contact the RRO as soon as possible to find out what arrangements are in place for submitting nomination papers.

If, after you have submitted your nomination papers you change your mind and no longer want to stand for election, you can withdraw, provided you do so by 23 working days before the poll. For more information see our guidance on withdrawing.

For your nomination to be valid, the sum of £500 must be deposited with the Regional Returning Officer (RRO) by the deadline for nominations by 4pm, 23 working days before the poll. The deposit can be made using:1

• legal tender - cash (pounds only)
• a UK banker’s draft

The RRO may also accept a deposit made by a building society cheque, a debit or credit card or an electronic transfer. However, they may refuse to do so. If you are considering paying the deposit in one of these ways, you should discuss with the RRO at the earliest opportunity whether the payment method is acceptable.

If the RRO allows the deposit to be paid by credit or debit card, there may be a fee charged by the bank or credit card company for the transaction, in which case you will be required to pay any additional fees as well as the £500 deposit.

Where payment is made by electronic transfer, candidates or their agents are responsible for ensuring cleared funds are received by the RRO by the deadline for the delivery of nominations, 4pm, 23 working days before the poll. This deadline is set out in law and cannot be changed for any reason. You are strongly advised to have made the deposit by the time that you submit your nomination papers.

Unless you make the deposit yourself, or the person making the deposit is your agent and you have notified the RRO of their appointment, the person making the deposit must at the time they make it give their name and address to the RRO.2

After the election, the deposit will be returned to you if you poll more than 5% of the valid votes cast in the region. Those candidates who have polled less than, or equal to, 5% of the total number of the valid votes cast will lose their deposit.3

You may withdraw as a candidate by signing and submitting a withdrawal notice, which must be witnessed and signed by one other person.1

There are no restrictions on who may submit the notice, but it must be delivered by hand or by post. However, we recommend that you, your agent or someone you trust hand delivers it, so you can be sure the notice is delivered to the Regional Returning Officer (RRO) in time.

You can obtain a notice of withdrawal from the RRO or download it from our website.

The withdrawal notice must be submitted to the RRO at the place for the delivery of nomination papers and by the deadline for withdrawals, 4pm, 23 working days before the poll.

After the withdrawal deadline it is not possible to withdraw from the election, and your name will appear on the ballot paper. If the election is uncontested, you will be declared elected.

If you withdraw as a candidate, your deposit will be returned.

Provided no objections have been made, the Regional Returning Officer will publish a statement of persons and parties nominated, including notice of poll for the region by no later than 5pm, 23 working days before the poll.1

The statement will include:2

• the name, or name and description, of each registered party which is validly nominated
• the name of each individual candidate who is validly nominated
• a commonly used name where an individual candidate or party list candidate have given that name (instead of their surname or forename)
• the description Independent (if applicable) for the candidates not standing on behalf of a political party
• the names of candidates and/or parties who no longer stand nominated, if any (i.e. invalid and withdrawn candidates or parties), with the reason why they are no longer standing

Candidate contact details

Where you have provided your email or telephone contact details to the RO via the candidate contact details form, these details will then be passed on to the police to enable them to provide you with any specific security guidance updates or advice for these elections. 

Only certain people are entitled to attend the delivery of nomination papers and to inspect and make any objections to the validity of a regional nomination form.1 Once they have submitted nomination papers and the party list or individual candidate stands validly nominated, the following can inspect and make objections to a regional nomination form:

• you
• your election agent
• any other individual candidate and their election agent
• if an individual candidate is acting as their own election agent, someone nominated by them to attend on their behalf
• any Nominating Officer who has submitted a party list
• a party list candidate
• the election agent of a party list
• if the election agent is also a candidate on the party list, someone nominated by them to attend on their behalf

Nomination papers cannot be inspected by anybody else at any time.

Electoral Commission representatives and one other person chosen by each party list or individual candidate may also be present at the delivery of nomination papers, but may not inspect them nor make any objections.

No other person, except the Regional Returning Officer and their staff, may attend the delivery of nomination papers.

Objections to the validity of any nomination form can be made on the 23 working days before the poll.1

In one exceptional circumstance, where the objection is on the grounds that a candidate is disqualified because they are serving a prison sentence of a year or more, objections can be made on 22 working days before the poll.

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

Timetable for objections2   

Nominations delivered up to and including 4pm on the day before the deadline for the delivery of nomination papers

Objections to any nomination form delivered up to and including 4pm on the day before the deadline for delivery of nomination papers must be made in the morning of the last day for the delivery of nomination papers until 12 noon.

Nominations delivered after 4pm on the day before the deadline for the delivery of nomination papers

Objections to any nomination form delivered after 4pm on the day before the deadline for the delivery of nomination papers must be made by 5pm on the last day for the delivery of nomination papers. Any objection must be made at or immediately after the time of the delivery of the nomination.

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

In the rare case that the Regional Returning Officer (RRO) considers that a candidate may be disqualified because they are imprisoned and serving a sentence of a year or more, they will publish a notice inviting objections on this ground. Any such objection may be made between 10am and 4pm on the next working day following the deadline for the delivery of nomination papers. 

Decisions on objections

The RRO will consider any objections made, but is entitled to hold a nomination invalid only on the following grounds:3

In respect of an individual candidate not standing on behalf of a party: 

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

In respect of a party list:

• that the nomination form does not include the registered party name (or an authorised variant)
• that the name of the registered party and, if used, description is not authorised
• that the party list includes more than 12 candidates
• that the list does not contain the statement that it is issued by or on behalf of the Nominating Officer

In respect of a candidate included on a party list:

• that the particulars of the candidate are not as required by law
• that the candidate is disqualified on the grounds that they are imprisoned and serving a sentence of a year or more
• that the consent to nomination has not been delivered

The RRO’s decision that a nomination is valid is final and cannot be challenged during the election. The decision can only be challenged after an election through an election petition. For more information see our guidance on election petitions.

The election is uncontested if either:1

• the number of candidates (whether on party lists or individual candidates) are the same as or less than the number of seats for that region
• all of the candidates shown on the statement of persons and parties nominated for the region are for the same registered party

If the election is uncontested, the Regional Returning Officer will allocate the seats as soon as possible and give public notice of the name of those declared elected.

Even if elected at an uncontested election, candidates must still make a declaration as to their election spending. For more information see our guidance about submitting spending returns and taking up office.

It is the time at which the Regional Returning Officer (RRO) receives proof of a candidate’s death that is the relevant factor, not the actual time of death.

If the RRO receives proof before the declaration of results that a candidate (whether on a party list or an individual candidate) has died, the impact of the death on the election will depend on whether it causes the election to become uncontested.

Election becomes uncontested1

Where the death causes the election to be uncontested, the election is stopped immediately. If the poll is underway or the count is being undertaken, that process stops. There will be a new election.

Election remains contested2

If the death does not cause the election to be uncontested, the death will have no effect on the validity of the result and the return of any regional member.

The RRO must take reasonable steps to publicise the name of the deceased candidate and whether they were an individual or party list candidate (in which case the name of the party must also be given). They must also consider whether to publicise the name of the deceased candidate by placing notices outside polling stations.

Any person entitled to attend polling stations or the count as an election agent, polling agent, counting agent or as a guest of the deceased candidate, will lose their right to attend those processes once the RRO receives proof that the candidate has died.3

The deposit of a deceased individual regional candidate will be returned.

This section contains our guidance for Nominating Officers submitting a list of candidates for election as regional Members at Scottish Parliament elections.

The guidance covers:

• the nomination process, including what forms you need to complete
• when and how you need to submit your nomination papers
• what happens after you submit your nomination papers

Guidance on standing for other elections can be found on our website.

As the Nominating Officer of a party you may submit a list of up to 12 candidates to stand at a regional election. You may authorise someone else to issue and submit the list on your behalf. If so, you must authorise them to do so in writing.

The party must be registered on the Commission’s register of political parties and be listed as allowed to field candidates in Scotland.1  

To contest a regional election at a Scottish Parliament election you, or the person authorised in writing to act on your behalf, need to submit a completed set of nomination papers to the place fixed by the relevant Regional Returning Officer (RRO), together with the deposit of £500, by 4pm, 23 working days before the poll.2   

This deadline is set out in law and cannot be changed for any reason.

Nomination papers can be delivered from the day after the publication of the notice of election. The times and place for delivery of nomination papers will be set out in the notice of election published by the RRO.

The nomination papers that you must deliver to make the party list nomination valid are:3  

• the party list nomination form 
• a consent to nomination for each candidate on the list
• a certificate issued by you or on your behalf, authorising the use of the party name on the ballot paper and, if desired, a registered description 

The party may also make a written request for one of the party’s emblems to appear on the ballot paper. For more information on the emblem request form, see our guidance on requests to use an emblem on the ballot paper.

You can obtain nomination papers from the RRO. Contact details can be obtained from our website. Alternatively, the Commission has produced a set of nomination papers that you could use.

If you and/or the person authorised to act on your behalf are unable to complete the nomination form, the RRO can help by preparing the form for signature.4 You should check with the RRO at the earliest opportunity what assistance may be available.

The RRO may also be able to offer informal checks of your completed nomination papers before you submit them. You should find out from the RRO whether they plan to offer informal checks.

Note that any information you provide on the nomination papers must be true to the best of your knowledge (or to the best of the knowledge of the person authorised in writing to act on your behalf). It is an offence to provide a false statement on nomination papers. Providing a false statement could invalidate the election of candidates on the party’s list, and is also punishable by a maximum fine of £10,000 (or unlimited if convicted on indictment) and/or imprisonment.5

The party list nomination form must be completed in English. The form must contain:1   

The full name of each candidate on the list in the order that they are to be elected, up to a maximum of 12 candidates 

• this means their surnames and other names in full 
• using initials only could lead to a candidate’s nomination being rejected 
• do not use prefixes such as Mr, Mrs, Dr or Cllr as part of the name

The same applies to suffixes. However, if a candidate on the party list has a title, they can use this as their full name. For example, if their actual name is Joseph Smith but their hereditary title is Joseph Avon, they can use the name Joseph Avon as their full name.

The full home address of each candidate on the list   

Each home address must:

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

A description

A party submitting a party list must use the party’s name as the description to appear on the statement of persons and parties nominated and on the ballot paper.

The party name can be preceded by the word Scottish if it is not already part of the name. If the party name begins with The, then Scottish can be inserted after that word.

In addition, the party may choose to follow the party name with one of the descriptions that the party has registered with the Commission. For example, if Vote Party had registered a description of Democracy for all, then its regional list could use the following descriptions:

Particular care should be taken when completing the descriptions field on the nomination form. Except for the variants set out above, the party name and, if desired, description used on the nomination form must exactly match the party name/description on the Commission's online register of political parties. If it does not, the whole nomination will be rejected.

A regional list cannot be submitted jointly by two political parties. 

To be able to use the party’s name, or the name and a description, a party list must be also be accompanied by a certificate of authorisation. For more information see our guidance on the certificate of authorisation.

A statement signed by the person who has completed the nomination form

A statement declaring that it has been issued by the party’s Nominating Officer or someone authorised in writing to act on their behalf.

If a candidate on a party list commonly uses a name that is different or partly different from their actual name, they can ask for their commonly used name(s) to be used instead of their actual name.1

A candidate can request to use a commonly used forename, surname or both.

For example, a candidate may be known by their abbreviated name Andy, rather than their full first name Andrew. In that case, Andy can be written into the commonly used forename box on the nomination paper 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.

The commonly used name(s) would then appear on:

• the statement of persons and parties nominated and the notice of poll
• the ballot paper

Decisions on Commonly Used Names

The Regional Returning Officer (RRO) will disallow commonly used names that are likely to mislead or confuse electors, or are obscene or offensive. If the name(s) are not permissible, the RRO will write to the candidate stating the reason for rejection. In those cases, the candidate’s actual name will be used instead.2

If either the commonly used forename or surname box on the nomination paper is left blank, then the candidate’s actual forename or surname, depending on which commonly used name box has been left blank, will be used.

It is an offence to give a false statement on the nomination form.3 Therefore if the candidate chooses to provide a commonly used name, they must ensure that it is a forename or surname which they commonly use.

Candidates on a party list must each formally consent to their nomination in writing.

The content of the consent to nomination form is fixed by law.1

On the consent to nomination form candidates will be asked to state that they are not disqualified from standing. 

Candidates must also state their date of birth.

Candidates are not allowed to sign the consent form earlier than one month before the deadline for submitting the nomination papers. 

Their signature must be witnessed, and the witness must sign the form. There are no restrictions on who can be a witness to the consent to nomination.

If the candidate is abroad and the Regional Returning Officer (RRO) is satisfied that because of their absence from the UK it is not practical for them to give their consent in writing and deliver it by hand to the RRO, they will be allowed to provide the consent by fax or email, and not require a witness to sign the form. For more information see our guidance on how to submit nomination papers.

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

To be able to use the party’s name, or the name and a description, a party list must be accompanied by a certificate of authorisation signed by you (or someone authorised to act on their behalf).1  

Particular care should be taken when completing the certificate of authorisation. If the certificate explicitly authorises a particular party name/description and this does not match the name/description on the nomination paper, the whole nomination will be invalid. The certificate must be delivered alongside the party list nomination form and be received by the Regional Returning Officer (RRO) by the nominations deadline, 4pm, 23 working days before the poll.2  

The certificate of authorisation is prescribed. We have produced a set of nomination papers that you could use which includes the certificate of authorisation. 

Alternatively, you can obtain nomination papers from the RRO. Contact details can be obtained from our website.

You, or someone authorised to act on your behalf, can also request that one of the party's official emblems is printed on the ballot paper.

The request for an emblem must be made in writing and must be received by the Regional Returning Officer (RRO) by 4pm, 23 working days before the election.1 The RRO will supply a form you can use to make this request or, alternatively, you can use the emblem request form produced by the Commission.

The request should state both the name of the political party and the description of the emblem to be used, as listed on the Commission’s online register of political parties.

Registered emblems cannot be varied in any way.

It is your responsibility to ensure that all nomination papers, including the nomination form, consents to nomination, certificate of authorisation and, where relevant, emblem request form, are delivered to the place specified on the notice of election by 4pm, 23 working days before the poll.1

The nomination form may only be delivered by you, or by someone authorised in writing to act on your behalf.2

The certificate of authorisation must be delivered alongside the nomination form so, in practice, it should be delivered by you or someone authorised in writing to act on your behalf. 

There are no restrictions on who can deliver any of the other nomination papers but you should ensure that you, the relevant candidate or someone you/they trust does this, so you can be sure they are delivered to the Regional Returning Officer (RRO) in time. 

You should contact the RRO as soon as possible to find out what arrangements are in place for submitting nomination papers. You will be able to contact the RRO via your local elections office. Contact details can be obtained from our website.

The party list nomination form, certificate of authorisation, and the consents to nomination must be delivered by hand and cannot be submitted by post, fax, email or other electronic means.1

The only exception to this is where a candidate is overseas and the Regional Returning Officer considers it impracticable for the consent to be delivered in writing, in which case it may be submitted electronically.2

The emblem request form may be submitted by post, but may not be submitted by fax, email or other electronic means.

The original version of each completed paper must be submitted.3 A certificate of authorisation which has been sent as an attachment to an email to be printed out, for example, would make it a copy document and not the original document.

You should submit the party list nomination papers as early as possible to give you sufficient time to submit new nomination papers should the first set contain any errors.

The Regional Returning Officer (RRO) will confirm the exact details of when and where nomination papers can be delivered on the official notice of election.

The notice of election will be published not later than 28 working days before the poll and not earlier than 35 working days before the poll. In most cases, the notice of election will be published on the website of the council of the RRO, as well as on the websites of the other councils within the region.

Nomination papers can only be delivered from the day after the publication of the notice of election until 4pm, 23 working days before the poll, usually only during normal office hours.1

You, or the person authorised in writing to act on your behalf, should contact the RRO as soon as possible to find out what arrangements are in place for submitting nomination papers.

If, after you have submitted the nomination papers you no longer wish the party list to contest the election, you can withdraw the full party list, provided you do so by 4pm, 23 working days before the poll.

You may also withdraw one or more candidates included on the party list. Individual candidates included on the list may also withdraw, provided they do so by the same deadline. For more information see our guidance on withdrawing.

For the nomination to be valid, the sum of £500, must be deposited with the Regional Returning Officer (RRO) by the deadline for nominations, 4pm, 23 working days before the poll. The deposit can be made using:1

• legal tender – cash (pounds only)
• a UK banker’s draft

The RRO may also accept a deposit made by a building society cheque, a debit or credit card or an electronic funds transfer. However, they may refuse to do so. If you are considering paying the deposit in one of these ways, you should discuss with the RRO at the earliest opportunity whether the payment method is acceptable.

If the RRO allows the deposit to be paid by credit or debit card, there may be a fee charged by the bank or credit card company for the transaction, in which case you will be required to pay any additional fees as well as the £500 deposit.

The deposit must be made by you as the Nominating Officer or someone appointed in writing on your behalf.2 Where the deposit is made by someone on your behalf, they must at the time they make it give their name and address to the RRO (unless they are the party list’s election agent or a list candidate and their name and address has been previously given to the RRO).3  

Parties that poll more than 5% of the total number of valid votes cast in the region will have their deposit returned. 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 valid votes cast. Otherwise those parties that have polled less than, or equal to, 5% of the total number of the valid votes cast will lose their deposit.4

You may withdraw your whole party list, or one or more of the candidates on the party list, by signing and submitting a withdrawal notice.1 The notice must be witnessed by one other person who must also sign the notice.

There are no restrictions on who may submit the notice, but it must be delivered by hand or by post. However, we recommend that you, the party’s agent or someone you trust hand delivers it, so you can be sure the notice is delivered to the Regional Returning Officer (RRO) in time.

A candidate on the party list may also withdraw from the election. They can do this by submitting a withdrawal notice to the RRO. The notice must be witnessed by one other person who must also sign the notice.

A notice of withdrawal can be obtained from the RRO or downloaded from our website:

If you withdraw the full party list, your deposit will be returned.

Any withdrawal notice must be submitted to the RRO at the place for the delivery of nomination papers by the deadline for withdrawals, 4pm, 23 working days before the poll.

After the withdrawal deadline it is not possible to withdraw from the election and your party will appear on the ballot paper.

Provided no objections have been made, the Regional Returning Officer (RRO) will publish a statement of persons and parties nominated, including notice of poll for the region by no later than 5pm, 23 working days before the poll.1

The statement will include:2

• the name, or name and description, of each registered party which is validly nominated
• the name of each individual candidate who is validly nominated
• a commonly used name where an individual candidate or party list candidate have given that name (instead of their surname or forename)
• the description Independent (if applicable) for the candidates not standing on behalf of a political party
• the names of candidates and/or parties who no longer stand nominated, if any (i.e. invalid and withdrawn candidates or parties), with the reason why they are no longer standing

Candidate contact details

Where you have provided details of your candidates' email or telephone contact details to the RO via the candidate contact details form, these details will then be passed on to the police to enable them to provide you with any specific security guidance updates or advice for these elections. 

Only certain people are entitled to attend the delivery of nomination papers and to inspect and make any objections to the validity of a regional nomination form.1 Once they have submitted nomination papers and the party list or individual candidate stands validly nominated, the following can inspect and make objections to a regional nomination form:

• you
• any other Nominating Officers who have submitted a list
• a party list candidate
• the election agent of a party list
• if the election agent is also a candidate on the party list, someone nominated by them to attend on their behalf
• a person standing as an individual candidate
• the election agent of a person standing as an individual candidate
• if an individual candidate is their own election agent, someone nominated by them to attend on their behalf

Nomination papers cannot be inspected by anybody else at any time.

Electoral Commission representatives and one other person chosen by each validly nominated party list or individual candidate may also be present at the delivery of nomination papers, but may not inspect them nor make any objections.

No other person, except the Regional Returning Officer and their staff, may attend the delivery of nomination papers.

Objections to the validity of any nomination form can be made 23 working days before the poll.1

In one exceptional circumstance, where the objection is on the ground that a candidate is disqualified because they are serving a prison sentence of a year or more, objections can be made 22 working days before the poll.

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

Timetable for objections2   

Nominations delivered up to and including 4pm on the day before deadline for the delivery of nomination papers

Objections to any nomination form delivered up to and including 4pm on the day before the deadline for the delivery of nomination papers must be made in the morning of the last day for the delivery of nomination papers until 12 noon.

Nominations delivered after 4pm on the day before the deadline for the delivery of nomination papers

Objections to any nomination form delivered after 4pm on the day before the deadline for the delivery of nomination papers must be made by 5pm on the last day for the delivery of nomination papers. Any objection must be made at or immediately after the time of the delivery of the nomination.

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

In the rare case that the Regional Returning Officer (RRO) considers that a candidate may be disqualified because they are imprisoned and serving a sentence of a year or more, they will publish a notice inviting objections on this ground. Any such objection may be made between 10am and 4pm on the next working day following the deadline for the delivery of nomination papers.

Decisions on objections

The RRO will consider any objections made, but is entitled to hold a nomination invalid only on the following grounds:3  

In respect of an individual candidate not standing on behalf of a party: 

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

In respect of a party list:

• that the nomination form does not include the registered party name (or an authorised variant)
• that the name of the registered party and, if used, description is not authorised
• that the party list includes more than 12 candidates
• that the list does not contain the statement that it is issued by or on behalf of the Nominating Officer

In respect of a candidate included on a party list:

• that the particulars of the candidate are not as required by law
• that the candidate is disqualified on the grounds that they are imprisoned and serving a sentence of a year or more
• that the consent to nomination has not been delivered

The RRO’s decision that a nomination is valid is final and cannot be challenged during the election. The decision can only be challenged after an election through an election petition. For more information see our guidance on election petitions.

The election is uncontested if either:1  

• the number of candidates (whether on party lists or individual candidates) is the same as or less than the number of seats for the electoral region 
• all of the candidates shown on the statement of persons and parties nominated are on the party list of the same registered political party

If the election is uncontested, the Regional Returning Officer will allocate the seats as soon as possible and give public notice of the name of those declared elected.

Even if elected at an uncontested election, candidates must still make a declaration as to their election spending. For more information see our guidance about submitting spending returns and taking up office.

If the Regional Returning Officer (RRO) receives proof before the declaration of results that a candidate (whether on a registered party’s regional list or an individual candidate) has died, the impact of the death on the election will depend on whether it causes the election to become uncontested.

Election becomes uncontested1  

Where the death causes the election to be uncontested, the election is stopped immediately. If the poll is underway or the count is being undertaken, that process stops. There will be a new election.

Election remains contested2   

If the death does not cause the election to be uncontested, the death will have no effect on the validity of the result and the return of any regional member. 

The RRO will take reasonable steps to publicise the name of the deceased candidate and whether they were an individual or party list candidate (in which case the name of the party must also be given). They will also consider whether to publicise the name of the deceased candidate by placing notices outside polling stations.

Any person entitled to attend polling stations or the count as an election agent, polling agent, counting agent or as a guest of the deceased candidate, will lose their right to attend those processes once the RRO receives proof that the candidate has died.3

The deposit of a deceased individual regional candidate will be returned.4  

The following sections provide guidance on postal voting and the processes involved.

The guidance covers:

• who can apply to vote by post
• what is contained in postal ballot pack
• the opening of postal votes and who can attend
• the postal vote opening process
• the appointment of postal voting agents and their role

The guidance also covers your duty to maintain secrecy during postal vote opening sessions.

The following can apply to vote by post in the Scottish Parliament election by submitting an application to the Electoral Registration Officer (ERO) for their local council area:

• a person aged 16 or over who is registered to vote
• a person aged 16 or over who has applied to be registered to vote
• a person who has been appointed to vote as a proxy on behalf of someone else

The application must be received by the ERO by 5pm 11 working days before the poll.1

The ERO has no discretion to extend the deadline for any reason.

Postal ballot packs will be dispatched from around two weeks before polling day.

The Convener of the EMB has issued directions to ROs on the timing of the first and final issues of postal votes. The directions are available on their website.

Electors who registered close to the registration deadline will be issued with their postal ballot packs once their names have been added to the final register update, 5 working days before the poll.

Electors will then mark their ballot paper(s), complete the postal voting statement by providing their signature and date of birth and return them to the Constituency Returning Officer before the close of poll (i.e. 10pm on polling day).

Candidates, election agents and postal voting agents are not entitled to attend the issue of postal votes.

Postal ballot packs contain the following:1

• Envelope A is the envelope that the elector returns their ballot papers in. It is marked with the letter A and the words ballot paper envelope
• Envelope B is the envelope that the elector will use to return the ballot paper envelope and the postal voting statement. It is marked with the letter B and the address of the Constituency Returning Officer
• The postal voting statement contains the elector’s name, the numbers of the ballot papers issued to them, instructions on how to vote by post and space for the elector to sign and provide their date of birth
• The constituency ballot paper
• The regional ballot paper
• 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 candidates as given in the statement of persons nominated

Who can attend the opening of postal votes?

Constituency election

The following people are entitled to attend the opening of postal votes at a constituency election:1

• Constituency candidates
• Election agents for constituency candidates or a person appointed by the candidate to attend in their place
• Postal voting agents appointed to attend openings

Regional election

The following people are entitled to attend the opening of postal votes at a regional election:2

• Individual regional candidates
• Election agents for individual regional candidates or a person appointed by the candidate to attend in their place
• Party list candidates
• Election agents for the party list, the Nominating Officer of that party or a person appointed by the Nominating Officer to attend in their place
• Postal voting agents appointed to attend openings

Sub-agents

Sub-agents are also entitled to attend the opening of postal votes at both the constituency and regional elections but only if they are attending instead of an election agent.3

Duty to maintain secrecy during postal vote opening sessions

Ballot papers will be kept face down throughout a postal vote opening session. Anyone attending an opening session must not:

• obtain
• attempt to obtain
• communicate at any time to another person:
  • any information relating to the number or other unique identifying number on the ballot paper
  • any information as to the official mark on the postal ballot paper before the close of poll
  • disclose how any particular ballot paper has been marked or pass on any such information gained from the session

It follows therefore that keeping a tally of how ballot papers have been marked is not allowed.

Anyone found guilty of breaching these requirements can face a fine of up to £5,000, or may be imprisoned for up to six months.4

Postal agents can be appointed by:1

• a candidate for the constituency election
• an election agent for a candidate at the constituency election
• an election agent for a party list for the regional election
• an individual candidate for the regional election
• an election agent of an individual candidate at regional election

Anyone, apart from the following people listed below, can be appointed as a postal voting agent:

• the Constituency Returning Officer (CRO), the Regional Returning Officer (RRO), or a member of their staff (including any clerks appointed specifically for the election)2
• a depute or clerk of the CRO, RRO, or a member of their staff3
• a business partner or clerk of any of the above4
• anyone not entitled to vote at the election as a result of the report of an election court or a conviction for a corrupt or illegal practice under the Representation of the People Act 19835

Any constituency candidates, individual regional candidates and election agents of party lists can also automatically act as a postal voting agent without the need of an official appointment.6

The CRO will tell you the maximum number of postal voting agents you can appoint.7 All candidates will be allowed to appoint exactly the same number.

The request to appoint these agents must be made in writing to the CRO.8

The request must contain the names and addresses of the people being appointed.9 The CRO will provide forms you can use for this, or you can use our postal voting agent appointment form.

Appointment forms for postal voting agents need to be submitted to the CRO by the time fixed for the opening of postal votes they want to attend.10

The CRO will give you at least 48 hours’ notice before the scheduled start of each postal vote opening session.11

If an agent dies or becomes incapable of acting, you may appoint another agent in their place by submitting the relevant appointment form to the CRO.12 Any new appointment in these circumstances must be made without delay.

For more information on what postal voting agents can and cannot do and what they can expect to see at postal vote opening sessions see our guidance what does a postal voting agent do and the stages of the postal vote opening process.

A postal voting agent is allowed to attend and observe postal vote opening sessions, which are run by the Constituency Returning Officer (CRO).

At each opening session the CRO will decide whether or not the date of birth and signature provided by electors on their postal voting statements match the signature and date of birth previously provided and held on their records. If there is a mismatch, the postal vote will be rejected.

A postal voting agent has a right to observe, but not to interfere with, this process. A postal voting agent can, however, object to the decision of a CRO to reject a postal vote.1 It will not affect the CRO's decision, but the CRO will record any objections by marking the postal voting statement with the words rejection objected to.

The CRO will explain the postal vote opening process es to you and may issue you with information on the procedures to be followed, including instructions on what people attending an opening session can and cannot do. You should comply with any instructions that the CRO has given.

It is likely that several opening sessions will take place before polling day, as well as on polling day itself.

The Constituency Returning Officer (CRO) must:

• give constituency, individual regional candidates, and the election agent for each party standing in the regional election at least 48 hours’ notice of when and where the sessions will take place1
• set out how many postal voting agents will be allowed to attend each session

There will be a final opening session after the polls have closed to open any postal votes handed in to polling stations. This session may be held at the count venue or in another location. The CRO will advise those listed above of the location for the final opening.

For more information on the process carried out at the opening of postal votes see our guidance on the stages of the postal vote opening process.

The stages of the postal vote opening process can be summarised as follows:

Matching up postal voting statements with postal ballot papers

The CRO will keep lists of any provisionally rejected postal ballot papers which are:1

• any postal ballot paper that has been returned without a postal voting statement
• any postal voting statement that has not been returned with the postal ballot paper

The CRO will check these lists regularly to ensure that if any mismatched documents can be matched up, those postal ballots are re-introduced into the process.2

Valid ballot papers are those ballot papers whose related postal voting statement has passed the signature and date of birth checks.

A small number of voters do not need to sign their postal voting statement. These voters will have been granted a waiver because they are unable to sign or provide a consistent signature due to a disability or an inability to read or write. The postal voting statement sent to such electors will make this clear.

Invalid ballot papers are set aside and stored in secure packets.

Unless a waiver has been granted, the Constituency Returning Officer (CRO) will reject a postal voting statement if a signature and/or date of birth is missing or if a signature and/or date of birth does not match that previously provided by the elector and held on record.

Rejected statements are attached to the relevant ballot papers or ballot paper envelope. They are marked as rejected and shown to any agents present.

Agents can object to the CRO’s decision to reject any postal vote and, if they do, the words 'rejection objected to' are added to it. However, the CRO’s decision is final and the postal vote will remain rejected.

Polling day is the day on which polling stations will open and electors will visit them to cast their votes in person. It is also the last day that Constituency Returning Officers can accept returned postal votes. Polling day is sometimes called election day.

This guidance covers:

• Polling station locations and the voting process
• Who can support you on polling day (including polling agents and tellers)
• Polling day dos and don’ts for you and your campaigners
• What happens after polls close 

All candidates are entitled to attend polling stations, except that only one candidate from a particular party list may be present inside a polling station at any given time.

Election agents, or a sub-agent attending in place of an election agent, may also attend.

Additionally, agents may be appointed specifically to attend polling stations on your behalf.1 For more information see our guidance on appointing polling agents.

Finding the location of polling stations

Providing there are no objections the Constituency Returning Officer must give public notice of the location of polling stations by 5pm, 23 working days before the poll.2 They will give a copy of this notice to all appointed election agents soon after this.

Polling station opening hours

Polling stations will be open on polling day between 7am and 10pm. Any voters waiting in a queue at their polling station at 10pm will be allowed to vote, even if they haven’t yet been issued with a ballot paper. 

Most people choose to vote in person at their polling station. Any person on the polling station’s electoral register can vote at the polling station in a Scottish Parliament election, unless:

• they are a registered postal voter
• they are a registered proxy voter and their proxy has already voted for them or has applied to vote on their behalf by post
• they are not 16 years of age or older on polling day
• they are registered as an overseas elector

Electors will receive a poll card before the election telling them where and when they can vote. Electors do not need to take their poll card to the polling station in order to vote, unless they are registered anonymously.
 
Any voters waiting in a queue at their polling station at 10pm will be allowed to vote, even if they haven’t been issued with ballot papers.

Return of postal ballot packs

Registered postal voters cannot be issued with ballot papers at the polling station, but they can return their completed postal ballot pack to their polling station on polling day. Alternatively, they may return their postal vote to certain other polling stations in the constituency (the elections office will be able to provide details) or by hand to the Constituency Returning Officer at the elections office.
 
Postal ballot packs returned to polling stations must be handed to polling station staff and not placed in the ballot box.

Any voters waiting in a queue at their polling station at 10pm will be allowed to return their postal ballot pack.

The normal voting process at a polling station is straightforward and can be summarised as follows:

Polling station staff will:

• ask voters for their name and address, and make sure they are eligible to vote by checking against the register of electors
• mark a straight line against the voter’s entry on the register of electors
• call out the number and name of the elector
• write the elector number on the Corresponding Numbers List next to the numbers of the ballot papers to be issued
• ensure the ballot papers include the official mark (e.g. a barcode or watermark)
• fold the ballot papers and then hand them to the voter unfolded so that they can see all of the options on the ballot papers

The voter will then:

• take the ballot papers to the polling both and mark the ballot papers in private, unless assisted by a companion or the Presiding Officer
• fold the marked ballot papers and show the ballot paper number and unique identifying number on the back of the ballot papers to the Presiding Officer, place the ballot papers in the ballot box(es) and leave the polling station

Accessibility in polling stations   

The Constituency Returning Officer has a responsibility to ensure that voting is accessible. They must provide each polling station with a range of equipment as is reasonable for the purposes of enabling or making it easier for disabled voters to vote independently and in secret.

The Presiding Officer can assist anyone who is unable to mark the ballot papers themselves.1
   
Alternatively, a voter may bring along someone they know and trust to assist them in marking their vote.2 The person assisting the voter must either be a close relative over the age of 16, or be a person entitled to vote at the election. A person can only assist a maximum of two voters at the election.

Any person attending the polling station to assist an elector must complete a declaration to the Presiding Officer before they aid the elector in the polling booth. 

The Constituency Returning Officer may arrange for the collection of any postal votes that have been handed in at polling stations throughout polling day. 

The Presiding Officer must seal any returned postal votes in a packet before they are collected. Any agents present can add their own seal to the packet if they wish.

Once all voters who have been issued with ballot papers have voted, the ballot box(es) are sealed by the Presiding Officer and polling agents can add their own seal if they wish.1 After the Presiding Officer has completed all of the paperwork, the sealed ballot box(es) are taken to the count venue.

On polling day, you may be supported by campaigners, polling agents, and you may also decide to use tellers.

This section sets out more information about:

• polling agents and how to appoint them
• the role of tellers
• the requirement to maintain the secrecy of the ballot
• dos and don’ts for candidates and their supports on polling day

You may appoint people as agents to attend the polling stations.1

What does a polling agent do?

While a polling agent can observe the poll, they do not have to be present in a polling station for polling and related procedures to take place. Polling agents have a number of important roles to play on polling day. They can:

• be present in the polling station before the opening of the poll to watch the Presiding Officer show the empty ballot box(es) before they are sealed
• detect personation and prevent people voting more than once in the election (other than as proxies). Personation is when an individual votes as someone else, whether that person is living, dead, or fictitious
• be present when the Presiding Officer marks ballot papers at the request of an elector who needs assistance marking their ballot papers because of a disability or an inability to read or write
• report to you or your election agent any improper activities and keep notes, if required, for giving evidence in court
• be present at the close of poll when the various packets of documents are sealed
• attach their seal to any packets made up by the Presiding Officer at the close of poll, including the ballot box(es). Polling agents’ seals cannot be attached to ballot boxes at the start of or during the poll

Candidates and election agents can also do anything that a polling agent is entitled to do.2   

Anyone can be appointed as a polling agent, provided that they are not:

• the Constituency Returning Officer (CRO), the Regional Returning Officer (RRO), or a member of their staff (including any clerks appointed specifically for the election)1
• an officer or clerk of the CRO, RRO, or a member of their staff2  
• a business partner or clerk of any of the above, unless they are a candidate3   
• anyone not entitled to vote at the election as a result of the report of an election court or a conviction for a corrupt or illegal practice under the Representation of the People Act 19834

Any constituency candidates, individual regional candidates and election agents of party lists can also automatically act as one of those agents without the need of an official appointment.5
  
Any number of polling agents can be appointed to attend each polling station but no more than one polling agent can be present in the polling station at any time on behalf of:6

• the same candidate or political party 
• more than one candidate on a party’s regional list 

A polling agent can be appointed to attend multiple polling stations.

Sub-agents may also attend the poll, but only instead of the election agent. Candidates right to attend will remain unaffected by this.

Polling agents must be appointed by not later than 5 working days before the poll.7 The request to appoint these agents must be made in writing to the relevant CRO.8 It must contain the names and addresses of the people being appointed. A polling agent appointment form can be obtained from the relevant Returning Officer or downloaded from our website.
 

If an agent dies or becomes incapable of acting, you may appoint another agent in their place by submitting the relevant appointment form to the CRO.9 Any new appointment in these circumstances must be made without delay.

Tellers are people who stand outside polling stations and record the elector numbers of electors who have voted. They can then identify likely supporters who have not voted and encourage them to vote before the close of poll.

Tellers have no legal status and voters can refuse to give information to them. The Constituency Returning Officer (CRO) is in charge of the conduct of the election. If they are concerned by the activities of tellers, they can ask tellers to comply with agreed behaviour or leave the polling place.

We have produced a factsheet of tellers’ dos and don’ts, as well as more comprehensive guidance on the activities of tellers. The guidance aims to ensure that everyone knows precisely what is and is not acceptable and is designed to promote appropriate standards of conduct.

The CRO may also provide their own guidance to tellers.

Anyone attending a polling station has a duty to maintain the secrecy of the ballot.1 In particular, the following information must not be disclosed:

• the name or electoral number of who has or has not voted
• the number or other unique identifying number on the ballot papers

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 a fine of up to £5,000, or may be imprisoned for up to a year.

You should:

• make sure that any tellers working for you follow our tellers dos and don'ts and any guidance issued by the relevant Returning Officer
• make sure your campaigners follow the Code of Conduct for Campaigners at Scottish Parliament, Senedd Cymru, Scottish council and Welsh local elections which sets out what is, and is not, considered acceptable behaviour at polling stations and in the community
• make sure you follow any additional security advice provided by the Constituency Returning Officers (CRO) or the Regional Returning Officer (RRO)
• comply with requests by polling station staff or the CRO about campaigning near polling stations - you should, however, be allowed to put your message to voters on polling day, including in public spaces outside polling places.

Make sure that any agents who are attending polling stations, postal vote opening sessions or the count understand the rules about the secrecy of the ballot. For more information, see our documents setting out the secrecy requirements for the poll, postal voting and the count.

You must not:

• campaign near polling places in a way that could be seen by voters as aggressive or intimidating (for example, large groups of supporters carrying banners, or vehicles with loudspeakers or heavily branded with campaign material)
• breach the requirements on secrecy of the ballot.1 This is an essential part of any modern democracy and breaches are taken seriously
• seek to identify and publicise how votes have been marked on individual ballot papers, particularly if you (or your agents) attend postal vote opening sessions
• publish exit polls or any other data based on information given by people about how they voted after they have cast their vote, including a postal vote, before the close of poll.2

The following sections provide guidance on the process of verifying and counting the votes in the election. As a candidate you will be invited to attend and observe these processes.

It includes guidance on the following:

• when and where the count will take place
• who can attend the count
• what does a counting agent do?
• duty to maintain secrecy
• how votes are counted
• recounts
• what if the vote on a ballot paper is not clear?
• doubtful ballot papers
• declaration of result
• allocation of seats

The Constituency Returning Officer (CRO) is responsible for verifying and counting the votes cast in their constituency for both the constituency and regional elections. 

The Convener of the EMB has issued directions to ROs on the timing for the count. The directions are available on their website.

The CRO will provide you with notification of the exact time and location.

While it is important that a count is timely, it is also important that the count produces accurate results that everyone can have confidence in.

The Regional Returning Officer (RRO) will notify the individual regional candidates and the election agents for regional party lists of the time and place where the allocation of regional seats will take place. For more information on the allocation of regional seats see our guidance on seat allocation.

An information pack will be made available to candidates detailing the processes that will be followed. This could include information about any additional security measures in place such as requiring attendees to show ID and bag checks before being allowed entry, as well as information about the expected standards of behaviour for attendees. You should ensure these instructions are followed by yourself and anyone else attending with you. Failure to comply with these expectations, or any instructions issued by the CRO/RRO, may result in your removal from the venue.

Constituency candidates and their election agents (or a sub-agent instead of an election agent) have the right to be present at their constituency count.

Individual regional candidates or those on a party list, and their election agent (or a sub-agent instead of an election agent) have the right to be present at their count.1
 
Additionally, one other person may be invited to attend by each candidate. This person is in attendance as a guest. They have no powers for functions.

Counting agents may also be appointed to attend the count on your behalf.2

Counting agents can be appointed by:1

• a candidate for the constituency election
• an election agent for a candidate at the constituency election 
• an election agent for a party list for the regional election
• an individual candidate for the regional election
• an election agent of an individual candidate at regional election

Anyone, apart from those listed, can be appointed as a counting agent.
 
The following people are not allowed to be counting agents:

• the Constituency Returning Officer (CRO), the Regional Returning Officer (RRO), or a member of their staff (including any clerks appointed specifically for the election)2   
• a deputy or clerk of the CRO, RRO or a member of their staff3  
• an officer of a local authority whose services have been placed at the disposal of the CRO or RRO4
• a partner or clerk of any of the above5  
• anyone not entitled to vote at the election as a result of the report of an election court or a conviction for a corrupt or illegal practice under the Representation of the People Act 19836

Any constituency candidates, individual regional candidates and election agents of party lists can also automatically act as a counting agent without the need of an official appointment.7
 
Sub-agents may also attend the count, but only instead of the election agent.
 
The CRO will tell you the maximum number of counting agents you can appoint.
 
All candidates will be allowed to appoint exactly the same number.

The request to appoint these agents must be made in writing to the CRO and must contain the names and addresses of the people being appointed. The counting agent appointment form can be obtained from the relevant RO or downloaded from our website.
 

The deadline for appointing these is by no later than 5 working days before the poll.
 
If an agent dies or becomes incapable of acting, you may appoint another agent in their place by submitting the relevant appointment form to the CRO. Any new appointment in these circumstances must be made without delay.8   

For more information on what agents can and cannot do and what they can expect to see at the count, see our guidance on what does a counting agent do?

Counting agents have a number of important roles to play at the count:

• they observe the counting process and make sure that it is accurate
• they can draw to the attention of count staff any doubtful ballot papers
• if they disagree with a decision by the Constituency Returning Officer (CRO) to reject a ballot paper, they can ask the CRO to mark on the ballot paper rejection objected to
• if a count is suspended for any reason or there is a break in the proceedings, counting agents can add their seals when the CRO seals the ballot boxes and envelopes

The CRO may issue you with information on the procedures to be followed, including instructions on what people attending verification and count can and cannot do. You should comply with any instructions that the CRO has given.

Anyone attending the count has a duty to maintain the secrecy of the count. In particular, anyone attending must not:1   

• ascertain or attempt to ascertain the number or other unique identifying mark on the back of any ballot paper 
• communicate any information obtained at the count as to the candidate, or party for whom any vote is given on any particular ballot paper

Stage 1 - Check in

• The Constituency Returning Officer’s (CRO) staff deliver the ballot boxes from the polling stations to the count venue
• The CRO’s staff check in ballot boxes as they arrive at the count venue

Stage 2 – Verification  

• Each polling station will have separate ballot boxes for the constituency and regional contests
• One by one, ballot boxes are emptied onto tables and the empty boxes are shown to agents
• Staff count the constituency and regional ballot papers in each box from each polling station
• Staff verify that the number of ballot papers in each ballot box matches the number of papers issued, as recorded on the Presiding Officers’ ballot paper accounts 
• Any ballot paper that has been placed in the wrong ballot box is still valid and will be moved to the correct box during verification
• The final number of postal ballot papers for the constituency and regional contests will also be verified
• During the verification stage the ballot papers are kept face up
• In the event of any discrepancies between the numbers of ballot papers in the ballot boxes and the paperwork completed by the Presiding Officer, the CRO will need to establish the reason for any discrepancies and produce a final verified total for constituency ballot papers and for regional ballot papers
• The CRO produces a verification statement. Agents can view or copy this statement if they wish

If the count does not take place immediately following verification stage, the verified boxes will be stored securely. Candidates and agents can attach their seals to the boxes if they wish.

Stage 3 - Counting of the votes

• The processes for counting the constituency and regional ballot papers are the same, although the results from the constituency will be transmitted to the Regional Returning Officer for the calculation of the regional results and the allocation of regional seats
• Before counting commences, constituency postal ballot papers must be mixed with other constituency ballot papers from at least one ballot box and constituency ballot papers must be mixed with other constituency ballot papers from at least one other ballot box
• Before counting commences, regional postal ballot papers must be mixed with other regional ballot papers from at least one ballot box and regional ballot papers must be mixed with other regional ballot papers from at least one other ballot box
• Staff sort ballot papers by candidate or party
• Staff count the number of votes cast for each candidate or party
• The CRO will share the provisional constituency result/regional local totals and the candidates and agents can ask the CRO to recount the votes

Recounts for both the constituency and the regional elections can only be requested at constituency level.1

Constituency election

If present, a candidate at the constituency election or their election agent can request the Constituency Returning Officer (CRO) to recount the votes.  

Regional election

If present, a request to recount the votes for the regional election can be made to the CRO by:

•    an individual candidate at the regional election, 
•    an election agent for such candidate or for a registered party  
•    a person who has been authorised in writing by the election agent

The CRO can refuse to recount if they think the request is unreasonable.2

Once the regional totals for the constituency have been submitted to the Regional Returning Officer and these have been approved, no recounts may take place.

A ballot paper will not be counted if it:

• is unmarked
• does not contain the official mark
• contains votes for more than one candidate or party
• contains any mark or writing that can identify the voter
• does not indicate the voter’s intention with certainty

The Constituency Returning Officer (CRO) must draw up a statement, for each of the constituency and regional elections, showing the number of ballot papers rejected for these reasons.

The CRO must mark the word rejected on any ballot paper that is rejected. They must add the words rejection objected to if a counting agent objects to the CRO’s decision.

If the voter’s intention is clear on a ballot paper and the voter cannot be identified by any mark or writing, it will not be void if a vote is marked:

• elsewhere than in the proper place
• by other means than a cross (e.g. a tick)
• by more than one mark

Doubtful ballot papers

To assist CROs, we have produced guidance on how to adjudicate votes on ballot papers that may appear doubtful. This guidance is contained in our booklet, Dealing with Doubtful Ballot Papers. We have produced doubtful ballot paper placemats that the CROs may refer to at the count.

The examples given in these are based on the election rules.
 
Please note that while they provide guidance for CROs, each individual CRO has the ultimate responsibility for making a decision on individual ballot papers. Their decision to reject a particular ballot paper during the count or recount is final and can be reviewed only at an election petition after the declaration of the result. For more information see our guidance on election petitions.

If two or more constituency candidates have the same number of votes, and a further vote for either would see the candidate elected, the Constituency Returning Officer (CRO) must decide between them by drawing lots. In that case, the CRO will decide the method of drawing lots.1

By the nature of the regional election, there would not be an instance of equality of votes.

Declaration of the constituency result

The Constituency Returning Officer (CRO) will declare the candidate with the most votes elected.

The CRO will also publish a notice with the name of each candidate and their description (if any), the total number of votes given for each candidate, and the number of rejected ballot papers.

Some CROs allow candidates to make speeches after the result is declared. Please check arrangements with the CRO. You should ensure that you and your supporters comply with any instructions given by the CRO regarding the standards of behaviour required during verbal announcements.

Transmission of constituency result and local regional totals

Once the constituency result has been declared and the regional votes have been counted, the CRO will inform the Regional Returning Officer (RRO) of the constituency result and the totals for the regional election in the constituency. Once satisfied that the regional totals are accurate, the RRO will authorise those totals and the CRO will give public notice of them.

The RRO will use the constituency results and the totals for the regional election from the constituencies across the region to calculate the regional result and allocate the seats.

What happens to the paperwork after the results are announced?

The CRO must seal all election documentation, add the date of the election, name of the constituency and a description of the contests to each packet.

For more information on what happens after the result has been announced see our guidance on after the election.

Once the totals for the regional election have been authorised, the Regional Returning Officer (RRO) will collate them and add them together to calculate the total number of votes cast for each party or individual regional candidate in the electoral region.

Who can attend the allocation of regional seats?

Individual regional candidates, party list candidates and their election agents (or a sub-agent instead of an election agent) have the right to attend the allocation of regional seats.

The Nominating Officer of a party list may also attend.1

Additionally, you can invite one other person to attend. This person is in attendance as your guest. They have no powers for functions.

When and where will the allocation of regional seats take place?

The RRO will notify individual regional candidates and the election agent of each party list of the time and place where the allocation of regional seats will take place.

The allocation cannot take place until all the constituency results within the region have been declared.

Recalculation

If present at the allocation of seats, individual regional candidates and the election agent for each party list (or, in the agent’s absence, one of the candidates on the list) may prior to the allocation of seats, request that the RRO conducts a recalculation of the total number of regional votes given for each registered party and each individual candidate in all of the constituencies included in the region. However, the RRO may refuse to do so if they believe the request is unreasonable.2

There is no provision at this stage to request a recount of votes.

Calculation and allocation of regional seats

Each region is allocated seven seats to be filled. A mathematical formula (called modified d’Hondt) determines who obtains those seats.3

This formula sees the number of votes cast in the regional election for each party or individual 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 the RRO performs 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.

The seats each party is entitled to are filled by the candidates in the order in which their names appear on their party list.

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.

Once all the seats have been allocated, the Regional Returning Officer (RRO) will declare and give public notice of the regional results.

Some RRO allow candidates to make speeches after the result is declared. Check the specific arrangements with the RRO. You should ensure that you and your supporters comply with any instructions given by the RRO regarding the standards of behaviour required during verbal announcements. 

This section sets out what happens after the election, including actions that candidates must take. This guidance covers:

• submitting your spending return and the associated deadlines
• return of your deposit
• access and supply of election documents
• election petitions

After the election, agents for constituency candidates and independent regional candidates should make sure that:  

• all invoices are received no later than 21 days after the election result is declared1
• all invoices are paid no later than 28 calendar days after the election result is declared2
• an election spending return reporting details of the candidate’s spending and donations, together with a declaration confirming the return is complete and correct to the best of their knowledge and belief, is reported to the relevant Returning Officer no later than 35 days after the election result is declared3

Please note that if any deadline falls on a weekend or public holiday, the deadline will move to the next working day.4  This is included within the following deadline calculations. 

All candidates must provide a written statement of their personal expenses to their agent within 21 days of the result being declared.5

Constituency candidates and independent regional candidates must also send the relevant Returning Officer a declaration confirming that the return is complete and correct to the best of their knowledge and belief. This must be done within seven working days of the return being submitted.6

Party list candidates must also submit a declaration to the Regional Returning Officer confirming their personal expenses within 35 days of the result being declared.7

If the candidate is outside the United Kingdom when the declaration is due, the deadline for submitting their declaration is extended to 14 days after they come back.8

You must still submit a return even if you haven’t spent any money.9  This is called a nil return.

There are consequences for failure to submit spending returns and these are set out in What happens if a spending return or declaration isn’t submitted?

Invoices received or paid outside of the deadlines  

Invoices for your candidate spending that are received by the election agent later than the deadline of 21 days are known in the legislation as ‘unpaid claims’. 

Unpaid claims cannot legally be paid unless a court order is gained granting leave to pay the claim.10  It can be an offence to pay an unpaid claim without a court order.11

Invoices that were submitted within the deadline of 21 days but remain unpaid later than the deadline of 28 days are known in the legislation as ‘disputed claims’.  

Disputed claims cannot legally be paid without a court order first being gained granting leave to pay the claim.12

Any claim paid:  

• after the 21 day deadline for receipt, or  
• after the 28 day deadline for payments

following a successful application to the court and after the deadline for submission of election spending returns, must be reported in writing to the returning officer within seven days of payment and be accompanied by a copy of the court order.13

You should also forward a copy of the Order to the Electoral Commission.  

The spending and donations report for constituency and independent regional candidates is known as a return. The agent must complete the return,1 which should separately show expenses that have been incurred during the long and short campaign and include the following for each item of spending:

• what the spending was for – for example, leaflets or advertising  
• the name and address of the supplier  
• details of when it was incurred and paid  
• details of any unpaid or disputed amounts  
• details of any notional spending, and a declaration of its value2
• invoices or receipts for any payment of £20 or over3
• details of any personal expenses4

The return must also include details of all donations over £50 and any authorised local campaigning spending.5 There is more information on the details that you need to report in candidate spending and candidate donations.

The candidate and agent must also sign a declaration that the return is complete and correct to the best of their knowledge and belief.6 It is your responsibility to fully and accurately report candidate spending.

It is a criminal offence to make a false declaration knowingly.7

Agents for constituency candidates submit their return to the Constituency Returning Officer.

Agents for independent regional candidates submit their return to the Regional Returning Officer. 

You can find the contact details for the relevant Returning Office at Voting and elections.

Party list candidates do not have to submit a candidate spending return, since spending promoting them is covered by the controls on party spending.

Political parties contesting the Scottish Parliament election must also report the details of their campaign spending to us. Detailed information can be found in our guidance document for political parties.

Forms you will need:

We have amended the returns for this election. You now report the long and short campaign in the same form. If you use the forms we are keen to hear from you, about how it worked and whether there are any areas for improvement. Please send any feedback to [email protected].

Sample completed spending return

We have published a sample constituency candidate spending return to illustrate how one might be completed. It is not intended to be used to fill in your expenses.

It contains comments highlighting links between different parts of the form - for example something reported as notional spending, which is also reported as a donation.

Failure to submit a spending return or declaration by the deadline without an authorised excuse is a criminal offence.1  

The Electoral Commission has a legal remit to secure compliance with the rules on candidates’ spending and donations, but no sanctioning powers in respect of breaches. Suspected breaches of the rules should be referred to the police.

If a candidate has been elected but the spending return and/or declaration has not been submitted by the deadline they are barred from sitting or voting, and can be subject to a forfeit or fine of £100 per day if they do so.2  

If you do not comply with the legal or regulatory requirements, you may be subject to criminal sanctions. If you win the election and someone succeeds in an election petition against your campaign activities or reporting, you could be barred from holding office.

If you take donations that you can’t legally accept, we may apply to the courts for them to be forfeited.

You can find more information about the Commission’s regulatory role at: www.electoralcommission.org.uk/who-we-are-and-what-we-do/our-enforcement-work

Deposit1

Constituency election

Those constituency candidates who have polled more than 5% of the total number of valid votes cast in the constituency will have their deposit returned by the Constituency Returning Officer by the next working day following the declaration of result.

Candidates who poll equal to or less than 5% of the total number of valid votes cast in the constituency will lose their deposit.

Regional election

The deposit made by or on behalf of any individual regional candidate or registered party list that has polled more than 5% of the total number of valid votes cast at the regional election will be returned by the Regional Returning Officer by the next working day following the declaration of result.

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 valid votes cast. 

In all other cases the deposit is forfeited.

Those elected will be given information on taking up their seat as a Member of the Scottish Parliament.

Before a person can sit and vote in the Scottish Parliament they must take the oath of allegiance or make a solemn affirmation to the monarch in front of the Clerk of the Parliament. This will take place at the start of the new Parliament. 

You can find more information on taking the oath or affirmation on the Scottish Parliament website. 

After the results are declared, all election documents are securely held by the Constituency Returning Officer for a period of 12 months.1

Most documents are available for public inspection. Please note that ballot papers are not open to public inspection.

All documents available for supply and inspection are retained by the Constituency Returning Officer (CRO). The names and contact details of CROs will be updated and made available prior to scheduled elections on our website.

Inspection and supply of the marked registers and lists of absent voters1  

The marked electoral registers and lists of absent voters show who has been issued with a ballot paper, who has returned their postal ballot paper, and who has had a proxy vote cast on their behalf.

You can inspect or obtain copies of the marked register of electors and lists of absent voters after the election if you make a request in writing to the CRO. 

If you stood as a constituency candidate, you can inspect or obtain copies of the marked registers and lists of absent voters across the constituency. 

If you stood as an individual regional candidate or were a candidate on a party list who has been elected you can have access to the marked registers and lists of absent voters across the region.

You can only use the information obtained from these documents for research or electoral purposes.

The request for inspection must be made in writing and specify:2

• which documents are requested
• the purposes for which the information in any document will be used
• where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve that purpose
• who will inspect the documents
• the date on which they wish to inspect the documents, and 
• whether they would prefer to inspect the documents in a printed or data form

Inspection is under supervision and will be free of charge. You will not be able to take copies but may make handwritten notes.

The request for supply must be made in writing and specify:3   

• which of the marked register or lists (or the relevant part of the register or lists) are requested
• whether a printed copy of the records or lists is requested or a copy in data form
• the purposes for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve that purpose

The requested document will be supplied for a fee of £10 plus £2 (for printed versions) or £1 (for data versions) per 1,000 entries.4  

Note that after 12 months these documents held by the CRO will be destroyed, unless a court order directs otherwise.

Under data protection legislation, personal data processed for any purpose shall not be kept for longer than is necessary for that purpose. If you request and are supplied with any of the information listed above, once the purpose for collecting this data has passed, you need to consider if there is a reason for you to retain that data. If there is not you should ensure secure destruction of any data held.

Nomination papers cannot be inspected after the election. They can only be inspected until the deadline for making objections to nomination papers, and only by those entitled to attend.

Inspection of other election documents

You can inspect other election documents, but you will not be allowed to make any notes or take copies of these documents. The only documents that cannot be inspected are:5   

• the ballot papers
• the corresponding number lists
• the certificates allowing polling station staff to vote at the polling station they are working at

After 12 months all of the election documents that are held by the CRO will be destroyed, unless a court order directs otherwise.6  

Inspection of election spending returns7   

Spending returns and declarations are held by the CRO and Regional Returning Officer.

Spending returns and declarations can be inspected by any person after they have been submitted. Copies can also be made for a fee of 20p per side.8    

Spending returns and declarations are kept for two years. You can request to have them returned to you or your agent at the end of this period. If you or your agent does not want them back, the spending returns and declarations will be destroyed.

The outcome of a Scottish Parliament election can be challenged through an election petition.

Lodging an election petition

Only certain people can lodge an election petition, and only under specific circumstances.

An election petition can be presented by:1  

• someone claiming to have been a candidate at the election
• someone claiming to have had a right to be elected or returned at the election
• an elector (not an anonymous registered elector) who had a right to vote at the election (although they need not have voted)

The allowable grounds for a petition are that there has been an:2   

• undue election, or
• undue return 

There is a separate judicial process for challenging the election of a Member of the Scottish Parliament on the grounds that they were or are disqualified, by application to the Court of Session.

The Member, about whose election or return is complained, must be a respondent to the petition.3 If the petition complains about the conduct of the Returning Officer (either the Constituency Returning Officer and/or the Regional Returning Officer) or their staff during the election, the Returning Officer(s) must also be a respondent.4  

Normally a petition must be presented within 21 calendar days after the date of the return made by the Returning Officer to the Clerk of the Parliament.5 However, if the petition complains of corrupt or illegal practices involving the payment of money or other reward, or an illegal practice relating to election spending, further time may be allowed.

For any questions relating to election petitions, including to confirm the deadlines for lodging an election petition, you should contact:

The Petition Department
Court of Session
Parliament House
Parliament Square
Edinburgh
EH2 1RQ
Email: [email protected]

Tel:     0131 225 2595
Fax:    0131 240 6711 

There are costs attached to an election petition. If you are considering lodging an election petition, we strongly recommend that you take independent legal advice.

Guidance for Candidates and Agents at Scottish Parliament elections

Nominations

Postal voting

Polling Day

Verification and Count

After the election