Guidance for Candidates and Agents at Scottish Parliament elections

Objections to the validity of any nomination form can be made on the 23 working days before the poll.1

In one exceptional circumstance, where the objection is on the grounds that a candidate is disqualified because they are serving a prison sentence of a year or more, objections can be made on 22 working days before the poll.

The time within which an objection can be made depends on when the nomination papers are delivered.

Timetable for objections2   

Nominations delivered up to and including 4pm on the day before the deadline for the delivery of nomination papers

Objections to any nomination form delivered up to and including 4pm on the day before the deadline for delivery of nomination papers must be made in the morning of the last day for the delivery of nomination papers until 12 noon.

Nominations delivered after 4pm on the day before the deadline for the delivery of nomination papers

Objections to any nomination form delivered after 4pm on the day before the deadline for the delivery of nomination papers must be made by 5pm on the last day for the delivery of nomination papers. Any objection must be made at or immediately after the time of the delivery of the nomination.

Objections on the ground that a candidate is imprisoned for a year or more

In the rare case that the Regional Returning Officer (RRO) considers that a candidate may be disqualified because they are imprisoned and serving a sentence of a year or more, they will publish a notice inviting objections on this ground. Any such objection may be made between 10am and 4pm on the next working day following the deadline for the delivery of nomination papers. 

Decisions on objections

The RRO will consider any objections made, but is entitled to hold a nomination invalid only on the following grounds:3

In respect of an individual candidate not standing on behalf of a party: 

• that the particulars of the candidate or the witness signing the nomination form are not as required by law
• that the form is not witnessed as required
• that the candidate is disqualified on the grounds that they are imprisoned and serving a sentence of a year or more

In respect of a party list:

• that the nomination form does not include the registered party name (or an authorised variant)
• that the name of the registered party and, if used, description is not authorised
• that the party list includes more than 12 candidates
• that the list does not contain the statement that it is issued by or on behalf of the Nominating Officer

In respect of a candidate included on a party list:

• that the particulars of the candidate are not as required by law
• that the candidate is disqualified on the grounds that they are imprisoned and serving a sentence of a year or more
• that the consent to nomination has not been delivered

The RRO’s decision that a nomination is valid is final and cannot be challenged during the election. The decision can only be challenged after an election through an election petition. For more information see our guidance on election petitions.