Determining a nomination invalid – Constituency election
A candidate who delivers completed nomination papers and the deposit by the required deadline will be deemed nominated unless you decide that the nomination form is invalid (or the candidate dies or withdraws).1
By law, the only grounds you have for determining that a constituency nomination form is invalid are:2
that the particulars of the candidate or the witness signing the nomination form are not as required by law
that the paper is not witnessed as required
that the person is disqualified on the grounds that they are imprisoned and serving a sentence of a year or more
The description (which in the case of constituency candidates must consist of either the name of one or two registered parties or the word independent) given on the nomination form is part of the particulars of the candidate. Therefore, if the party name does not appear on the Commission’s register of political parties as a party that can contest elections in Scotland, or the party name used on the nomination form does not exactly match the party name as registered with the Commission, the nomination form must be rejected. Equally, if the use of the party name has not been authorised by the delivery of a certificate of authorisation in the prescribed form, the nomination form must be held invalid.3
If in your opinion a constituency nomination paper breaches the rules around descriptions, you must give a decision to that effect as soon as practicable after the delivery of the nomination form and in any event within 24 hours of the close of nominations.4