Who can bring an election petition at a Scottish Parliament election and on what grounds?
An election petition can be used to challenge the result of elections. A petition for a Scottish Parliament election can be presented by:
a person claiming to have been a candidate at the election, or
a person claiming to have had a right to be elected or returned at the election, or
a person who voted as an elector at the election or who had a right to vote at the election
An election petition may not be presented by an elector who has registered anonymously.1
What is the basis for an election petition?
The allowable grounds for a petition are that there has been an:2
undue election, or
undue return
Who is made a respondent?
The duly elected candidate whose election is questioned will most probably be made a respondent to the petition. If the petition relates to the conduct of the election, the relevant ROs may also be a respondent to the petition.
Deadlines for bringing petitions
A petition at a Scottish Parliament election must normally be presented within 21 calendar days of the name of the elected candidate being returned to the Clerk of the Parliament. Further time may be allowed in certain circumstances.3
Any person who is considering presenting an election petition should be advised to take their own legal advice. For any questions relating to election petitions and the process for submitting petitions, including to confirm the deadlines, you should contact the Elections Petitions Office:
Petitions Department Court of Session Supreme Courts Parliament House 11 Parliament Square Edinburgh EH1 1RQ