Running electoral registration - Scotland

How does legal incapacity affect the right to register to vote?

A person subject to a legal incapacity to vote cannot be included on the register of electors.1

Peers

Peers who are members of the House of Lords2 are disqualified from voting at UK Parliamentary elections and therefore are not entitled to be registered in the UK Parliamentary register of electors. They do, however, qualify to be registered in the local government register of electors as they are not disqualified from voting in local government elections.3

A full list of members of the House of Lords can be found on the House of Lords website. Alternatively, the Information Office at the House of Lords will be able to assist with enquiries by email or can be contacted by telephoning 0800 223 0855 or 020 7219 3107.

Detained convicted prisoners

Detained convicted prisoners who are serving a sentence of more than 12 months and who have been found guilty of an offence (excluding contempt of court) and are detained (except for detention in consequence of non-compliance with a non-custodial sentence) are not legally capable of voting and therefore not eligible to be included in the register of electors. This applies whether the person is in prison or unlawfully at large.4

It is possible in some limited circumstances, convicted prisoners who are released on temporary licence may meet the criteria to register to vote, given that such prisoners may not be detained within the meaning of section 3 RPA 1983.

Convicted offenders detained in a mental health hospital

Convicted offenders that are detained in a mental health hospital (or are unlawfully at large) are not legally capable of voting and therefore cannot be included in the register of electors.5

Persons found guilty of electoral offences

Persons found guilty of:

• the corrupt practice of personation
• found guilty of a corrupt practice relating to applications for postal and proxy votes

are legally incapable of being registered to vote for five years from the date of the conviction or the report of an election court.6

Persons found guilty of:

• knowingly voting or applying to vote when subject to a legal incapacity to vote
• knowingly appointing a proxy who is subject to a legal incapacity to vote
• knowingly voting as proxy on behalf of someone who is subject to a legal incapacity to vote
• multiple voting (both as an elector or a proxy)

are legally incapable of being registered to vote for three years from the date of the conviction or election court report:7

There may be some occasions where a court does not impose any further incapacity to register to vote or mitigates or ends any existing incapacity. You will therefore need to make a determination on a case-by-case basis, having regard where possible to any judgments or court reports. A successful appeal against a conviction would also remove the legal incapacity.