Guidance for Candidates and Agents at Scottish Parliament elections

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Table of offences

The following table shows a number of electoral and non-electoral offences of which you should be aware. You should seek your own legal advice where necessary.

Bribery1 The offence of bribery includes where someone directly or indirectly gives any money or procures any office to or for any voter, in order to induce any voter to vote or not vote.
Treating2

A person is guilty of treating if either before, during or after an election they directly or indirectly give or provide any food, drink, entertainment or provision to corruptly influence any voter to vote or refrain from voting.

Treating requires a corrupt intent - it does not apply to ordinary hospitality.

Undue Influence3

A person is guilty of undue influence if they carry out an activity on account of:

  • a person having voted in a particular way or refrained from voting
  • assuming a person to have voted in a particular way or to have refrained from voting

These activities are:

  • using or threatening to use violence against a person
  • damaging or destroying, or threatening to damage or destroy a person’s property
  • damaging or destroying, or threatening to damage or destroy a person’s reputation
  • causing or threatening to cause financial loss to a person
  • causing spiritual injury to, or placing undue spiritual pressure on, a person 
  • doing any other act designed to intimidate a person
  • doing any act designed to deceive a person in relation to the administration of an election

Undue influence doesn’t exclusively relate to physical access to the polling station. For example, a leaflet that threatens to make use of force in order to induce a voter to vote in a particular way could also be undue influence.

Personation4

Personation is where an individual votes as someone else either by post or in person at a polling station, as an elector or as a proxy.

This offence applies if the person that is being personated is living, dead or fictitious. Aiding, abetting, counselling or procuring the offence of personation is also an offence.

False statements

About a candidate's personal character or conduct5

It is an offence to make or publish a false statement of fact about the personal character or conduct of a candidate in order to affect the return of a candidate at an election.

False statements that are not about a candidate’s personal character or conduct are not illegal under electoral law, but could be considered as defamation and malicious publication. 

It is also an illegal practice to make a false statement of a candidate’s withdrawal in order to promote or procure the election of another candidate.

False statements

In nomination papers6

It is an offence to provide a statement on a nomination paper, which you know to be false. For example, if you know you are disqualified from election you must not sign the consent to nomination.
False registration information and false postal/proxy voting application7 It is an offence to supply false information on a registration, postal vote or proxy vote application form. False information includes a false signature.
False application to vote by post or by proxy8 A person is guilty of an offence if they apply to vote by post or proxy to gain a vote to which they are not entitled or to deprive someone else of their vote.
Multiple voting and proxy voting offences9 There are various offences regarding multiple voting and proxy voting, including voting by post as an elector or proxy when subject to a legal incapacity to vote and inducing or procuring another to commit the offence.
Breaches of the secrecy of the ballot10 Everyone involved in the election process or attending certain proceedings must maintain the secrecy of the ballot. The Returning Officer will give a copy of the official secrecy requirements to everyone who attends the opening of postal votes or the counting of ballot papers and to polling agents.
Campaign publicity materials11

Certain offences relate specifically to election campaign publicity material. Election material must contain an imprint  and not resemble a poll card.  Campaign publicity material must also not contain a false statement as to the personal character or conduct of another candidate.

Neither the Returning Officer nor the Commission regulate the content of campaign material and are not able to comment on the legality of any particular electoral material beyond what is covered in this guidance.

Racial hatred12 Under the Public Order Act 1986 and the Hate Crime and Public Order (Scotland) Act 2021, it is an offence to publish or distribute threatening, abusive or insulting material that is intended to stir up,or which is likely to stir up, racial hatred or hatred against protected groups.
Last updated: 18 September 2025