It is the time at which the Regional Returning Officer (RRO) receives proof of a candidate’s death that is the relevant factor, not the actual time of death.
If the RRO receives proof before the declaration of results that a candidate (whether on a party list or an individual candidate) has died, the impact of the death on the election will depend on whether it causes the election to become uncontested.
Where the death causes the election to be uncontested, the election is stopped immediately. If the poll is underway or the count is being undertaken, that process stops. There will be a new election.
If the death does not cause the election to be uncontested, the death will have no effect on the validity of the result and the return of any regional member.
The RRO must take reasonable steps to publicise the name of the deceased candidate and whether they were an individual or party list candidate (in which case the name of the party must also be given). They must also consider whether to publicise the name of the deceased candidate by placing notices outside polling stations.
Any person entitled to attend polling stations or the count as an election agent, polling agent, counting agent or as a guest of the deceased candidate, will lose their right to attend those processes once the RRO receives proof that the candidate has died.3
The deposit of a deceased individual regional candidate will be returned.
1. Para 75(1) and (2), Schedule 2, Scottish Parliament (Elections etc.) Order 2015 (SPEO 2015)↩ Back to content at footnote 1