Guidance for Returning Officers administering a Scottish Parliament election

Only certain people are entitled to attend the delivery of nomination papers, inspect and make any objections to the validity of nomination forms.

For more information on dealing with objections see our guidance on objections to nominations.

Constituency candidates

After a constituency candidate has delivered their nomination papers and deposit and they stand validly nominated, they are entitled to attend the delivery of other candidates’ nomination papers and make objections to the validity of constituency nomination forms.

In addition to the candidate, the following persons will also be able to attend and make objections:1

• their election agent
  • in the case of constituency candidates standing for a registered political party, that party’s Nominating Officer (or a person authorised to act on their behalf)
  • if a constituency candidate is their own election agent, they can appoint one other person to attend the delivery of nomination papers and make objections

Individual regional candidates

After an individual regional candidate has delivered their nomination papers and deposit and they stand validly nominated, they are entitled to attend the delivery of regional nomination papers and make objections to the validity of regional nomination forms. In addition to the individual regional candidate, the following persons will also be able to attend and make objections:2

• their election agent
• any candidate included on a party list
• the election agent of a party list
• any Nominating Officer who has submitted a party list (or a person authorised to act on their behalf)
• if an individual regional candidate or a party list candidate is acting as the election agent, they can appoint one other person to attend the delivery of nomination papers and make objections to the validity of a nomination form

Regional party nomination paper

The following persons will be able to attend and make objections to the validity of regional nomination forms:

• an individual regional candidate
• their election agent
• the party list election agent or the Nominating Officer of a party who has submitted a party list 
• a candidate included on a party list
• if an individual regional candidate or a party list candidate is acting as the election agent, they can appoint one other person to attend the delivery of nomination papers and make objections to the validity of a nomination form

Other people entitled to attend

Electoral Commission representatives and one other person chosen by a validly nominated candidate (whether a constituency candidate, individual regional candidate or a candidate on a party list) can also be present at the delivery of nomination papers, but they are not allowed to inspect or make any objections to nomination papers.3

Secure storage of the nomination papers

You must keep the nomination papers secure and allow inspection of the nomination forms by the persons permitted to inspect these until the deadline for making objections to the nomination papers.4

Once the deadline for making objections has passed, you should store the nomination papers securely for one year after the election due to the time limit for prosecution in case of an election petition.