Guidance for Returning Officers administering a Scottish Parliament election

Death of an independent constituency candidate

If an independent constituency candidate1 (i.e. a candidate using the description Independent or without a description) dies generally the contest will continue as normal.

If the deceased candidate receives the most votes then you must in these circumstances:2

• declare that the majority or greatest number of votes has been given to the deceased candidate
• declare that no person is returned
• give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers

You must also publish a new notice of election 7 days after the original polling day.3

All of the existing candidates will remain nominated for the new election, and forfeiture 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. The statement of persons nominated must be published as soon as possible after the deadline for withdrawals.4

Where the independent candidate who died did not receive the most votes at the original poll, the candidate who did is declared the winner and the contest is not affected. If the candidate who died was joint first with the same number of votes as any other candidate, the other candidate will be declared the winner.5

However, if proof of the death is given before the result is declared and if only two persons are shown on the statement of persons nominated, the notice of poll must be countermanded if the poll has not begun or the poll abandoned if it has begun.6 The contest must be treated as an uncontested election and the remaining candidate is elected.7

In all circumstances, the deposit of the deceased candidate must be returned.8 For more information see our guidance on return of deposits.

Death of a constituency candidate standing for a party

If a candidate standing in a constituency on behalf of a party or parties has died before the declaration of the result, the election must be stopped.9  

If the poll has not yet commenced, the notice of poll should be countermanded. If the poll is underway or the counting is being undertaken, the constituency poll is abandoned. The election will need to be re-run.10

You must publish a new notice of election 7 days after you received proof of the death.11 If this is a dies non, the notice should be published on the next working day.

Candidates who were validly nominated for the first contest, except the candidate who has died, will remain validly nominated unless they withdraw by the deadline for withdrawals. Any candidate may withdraw from the re-run contest by the deadline for withdrawals.

No new nominations are allowed for the re-run contest except that of the party whose candidate has died may nominate a candidate to replace them.12 The new candidate must submit a set of nomination papers, and the party must submit a new certificate of authorisation permitting that candidate to stand on their behalf.

A party wishing to put forward a candidate to replace their candidate who died must do so by the close of nominations, which is 4pm, 7 working days after the new notice of election is published.13

Impact of the death of a constituency candidate standing on behalf of a party on the regional contest

You must notify the RRO (if you are not also the RRO) immediately if a constituency contest is countermanded or abandoned due to the death of a party candidate, or where a deceased independent constituency candidate has received the most votes.14

Where the RRO receives such a notification, they will proceed with the allocation of regional members as normal but exclude the affected constituency result from the calculation. The regional votes from that constituency will, however, be included in the regional figure for each party and individual regional candidate.

The re-run constituency contest will have no impact on the allocation of regional seats and will not affect the validity of the regional members who have been returned to the Scottish Parliament.

New constituency contest

You must publish a new notice of election.15 The new polling day must be between 21 and 28 working days after the new notice of election has been published.16

The timetable will then run as normal, except that the deadline for withdrawals and for the nomination of a replacement for the deceased party constituency candidate shall be 4pm, 7 working days after the new notice of election is published.17