Guidance for Returning Officers administering a Scottish Parliament election

You are required to publish a statement of persons nominated for the constituency contest. If you are also the RRO, you are required to publish a statement of parties and persons nominated for the regional contest.

The statements must be printed in conspicuous characters and displayed inside and outside every polling station.1

You should have robust proof-checking processes in place to ensure that there are no errors on the statement(s).

Constituency contest 

If there are no objections to nomination papers, you must publish a statement of persons nominated by no later than 5pm, 23 working days before the poll.2 If there are objections, it must be published by 4pm on the day after the last day for nominations.3

The statement must show for all candidates who are validly nominated:4

• their name 
• their chosen description (if any)

It must also include those who no longer stand nominated and the reason why (i.e. those who have withdrawn or whose nomination you have rejected).

Your privacy notice should make clear that you are required under electoral legislation to publish a candidate’s name in the statement of persons nominated.

The names of the candidates on the statement must be listed in alphabetical order of their surname; this is also how they will appear on the ballot paper.5

If there are two or more candidates with the same surname, the alphabetical order of the other names will decide which candidate is listed first.6

Where a candidate has requested the use of a commonly used name on their nomination paper, the commonly used name must be shown on the statement instead of the actual name.7

Where a candidate has requested the use of a commonly used surname, the candidate’s alphabetical position on the statement of persons nominated (and on the ballot paper) must be made by reference to their commonly used surname.8

If, however, you have rejected the use of any commonly used name as you think it is likely to mislead or confuse electors, or is obscene or offensive, the actual name must, by law, be published on the statement of persons nominated instead of the commonly used name.9

The statement of persons nominated must include the notice of poll if the constituency contest is contested.10

You must send the Commission a copy of the statement of persons nominated and also, where you have received a certificate of authorisation for a candidate, a copy of that certificate.11 Copies should be emailed to [email protected]

Regional contest 

If you are also the RRO, and if there are no objections to nominations, you must publish a statement of persons and parties nominated for the region by no later than 5pm, 23 working days before the poll.12 If there are objections, it must be published by 4pm on the day after the last day for nominations.13

The statement of persons and parties nominated must include:14

• the name and chosen description (if any) of each registered party which has been nominated, together with the names of the candidates on that party’s list in the order that they appear on the party list
• the names and description (if any) of any persons who have been nominated as individual regional candidates
• in the case of those persons (whether individual regional candidates or candidates on a party list) or parties who no longer stand nominated, the reason why they no longer stand nominated

Your privacy notice should make clear that you are required under electoral legislation to publish a candidate’s name in the statement of persons nominated. For more information more about the data protection considerations of a privacy notice in see our guidance on data protection.

The names of the parties on the statement must be listed in alphabetical order followed by the names of the individual regional candidates who must be listed in alphabetical order of their surname; this is also how they will appear on the ballot paper.15

The names of each candidate on a party’s list must be listed on the statement in the order they appear on the party list.

If there are two or more individual regional candidates with the same surname, the alphabetical order of the other names will decide which candidate is listed first.16

If an individual regional candidate or party list candidate has requested the use of a commonly used name on their nomination paper, the commonly used name must be shown on the statement instead of the actual name.

Where an individual regional candidate has requested the use of a commonly used surname, the candidate’s alphabetical position on the statement of persons and parties nominated and on the ballot paper must be made by reference to their commonly used surname.17

If, however, you have rejected the use of any commonly used name as you think it is likely to mislead or confuse electors, or is obscene or offensive, the actual name must, by law, be published on the statement of persons and parties nominated instead of the commonly used name.18

The statement of persons and parties nominated must also include the notice of poll if the regional contest is contested.19

As RRO, you must send the Commission a copy of the statement of persons and parties nominated. The copy should be emailed to [email protected]