Guidance for Candidates and Agents at Scottish Parliament elections

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The opening of postal votes

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

Diweddarwyd ddiwethaf: 18 Medi 2025