Guidance for Candidates and Agents at Scottish Parliament elections
Appointing postal voting agents
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.
- 1. Para 5(3), Schedule 4, Scottish Parliament (Elections etc.) Order 2015 (SPEO 2015) ↩ Back to content at footnote 1
- 2. Art. 67, SPEO 2015 ↩ Back to content at footnote 2
- 3. Art. 67, SPEO 2015 ↩ Back to content at footnote 3
- 4. Art. 67, SPEO 2015 ↩ Back to content at footnote 4
- 5. Art. 82, SPEO 2015 ↩ Back to content at footnote 5
- 6. Para 5(10), Schedule 4, SPEO 2015 ↩ Back to content at footnote 6
- 7. Para 5(3), Schedule 4, SPEO 2015 ↩ Back to content at footnote 7
- 8. Para 5(4), Schedule 4, SPEO 2015 ↩ Back to content at footnote 8
- 9. Para 5(4), Schedule 4, SPEO 2015 ↩ Back to content at footnote 9
- 10. Para 5(4), Schedule 4, SPEO 2015 ↩ Back to content at footnote 10
- 11. Para 16, Schedule 4, SPEO 2015 ↩ Back to content at footnote 11
- 12. Para 5(7), Schedule 4, SPEO 2015 ↩ Back to content at footnote 12