Guidance for Candidates and Agents at Scottish Parliament elections

The impact of the death of a candidate before the declaration of the result depends on whether or not the deceased candidate was standing on behalf of a party.

It is the time at which the Constituency Returning Officer (CRO) receives proof of the candidate’s death that is the relevant factor, not the actual time of death.

Death of an independent candidate1

If an independent candidate dies the election continues as normal. If the deceased candidate receives the most votes, they are not elected and the election is re-run. No new nominations are required: all of the existing candidates remain nominated for the new election and retention or return of the deposit is determined by the re-run election result. No new nominations are allowed for the re-run election, although candidates may withdraw.

If the independent candidate who died did not receive the most votes at the original poll, the candidate who did is declared elected and the election is not affected. If the candidate who died came joint first with the same number of votes as any other candidate, the other candidate is declared elected.

If only two persons are standing nominated and an independent candidate dies and proof is given to the CRO before the election result is declared that the candidate has died, the election is treated as an uncontested election and the other candidate is declared elected.

In all circumstances, the deposit of the deceased candidate will be returned.

Death of a party candidate2

If the CRO receives proof and is satisfied before the declaration of result that a candidate standing on behalf of a party (or as a joint candidate standing on behalf of two or more parties) has died, the election is stopped immediately. If the poll is under way or the count is being undertaken, that process stops. There will be a new election.

No new nominations are required: all the existing candidates remain nominated for the new election and retention or return of the deposit is determined by the election result at the new election. No new nominations are allowed for the new election, except that a new candidate can be nominated to stand on behalf of the same party (or parties) of the candidate who died. Any existing candidates may withdraw by the deadline for withdrawals for the new election. The nomination papers for the candidate standing for the party (or parties) whose candidate died must be submitted by the close of nominations based on the new timetable.