someone claiming to have been a candidate at the election
someone claiming to have had a right to be elected or returned at the election
an elector (not an anonymous registered elector) who had a right to vote at the election (although they need not have voted)
The allowable grounds for a petition are that there has been an:2
undue election, or
undue return
There is a separate judicial process for challenging the election of a Member of the Scottish Parliament on the grounds that they were or are disqualified, by application to the Court of Session.
The Member, about whose election or return is complained, must be a respondent to the petition.3
If the petition complains about the conduct of the Returning Officer (either the Constituency Returning Officer and/or the Regional Returning Officer) or their staff during the election, the Returning Officer(s) must also be a respondent.4
Normally a petition must be presented within 21 calendar days after the date of the return made by the Returning Officer to the Clerk of the Parliament.5
However, if the petition complains of corrupt or illegal practices involving the payment of money or other reward, or an illegal practice relating to election spending, further time may be allowed.
For any questions relating to election petitions, including to confirm the deadlines for lodging an election petition, you should contact:
The Petition Department Court of Session Parliament House Parliament Square Edinburgh EH2 1RQ Email: [email protected]
Tel: 0131 225 2595 Fax: 0131 240 6711
There are costs attached to an election petition. If you are considering lodging an election petition, we strongly recommend that you take independent legal advice.