Running electoral registration - Scotland

Signature waiver requests for proxy voters

If an applicant is unable to provide a signature or a consistent signature due to any disability or inability to read or write, the requirement for a signature on the application can be waived. 

An elector can request a signature waiver application form from you at any time. The request may be made by any means including as part of an online proxy vote application. 

The applicant must provide with their waiver application the reason for the request and the name and address of any person who has assisted them with completing the application.1  

You should be satisfied that the request is genuine and not being used as an attempt to avoid security measures. It is for you to decide the proof or evidence needed in order to be satisfied that the applicant is unable to provide a signature, or a consistent signature, due to a disability or an inability to read or write. 

You have no power to investigate or to make judgements on the nature or extent of an elector’s disability. You should take a consistent approach to considering requests for signature waivers that balances both the accessibility and integrity of the proxy voting process.

If making further enquiries, you should bear in mind that the person requesting the waiver may not be able to respond themselves. However, you can ask any person who has or is assisting the applicant for clarification or further information. You could, for example, ask this person to complete a signed declaration that to the best of their knowledge and belief the elector in question is unable to provide a signature or a consistent signature due to any disability or inability to read or write. 

You should make clear to anyone you request information or a declaration from that it is an offence to provide false information in connection with an application for a proxy vote and make clear the maximum relevant penalty.

If, having made enquiries, you are not satisfied as to the authenticity of the request, you should refuse it. If refused, you must reject the proxy vote application and notify the applicant in writing of the reasons for your decision. 

You should remain vigilant as to any trends which may be revealed through the receipt of waiver requests and the following should raise suspicion: 

  • large numbers of applications assisted or signed by one person with no plausible explanation (for example, while it may be plausible for nursing or care home staff to assist a number of electors to complete their waiver requests, it is less plausible that ordinary members of the public who do not have a connection with such establishments, would need to assist a large number of applicants)
  • large numbers of applications from one street or area with no plausible explanation (for example, while it may be plausible that a larger than usual number of waivers are requested by residents in a nursing or care home, it is less plausible that a high number of residents in an ordinary HMO would need a waiver)

If you are satisfied as to the waiver request and the accompanying proxy vote application, you should give confirmation in writing to the elector that you have accepted the application and the waiver.

Last updated: 12 December 2023