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Aithisgean ùra
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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Electoral reform in Scotland and the Scottish Elections (Representation and Reform) Bill
Author: Sarah McKay and Courtney Aitken
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Published: Wednesday 28 Feb 2024 (SB 24-09)
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Overview
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Overview
Report
Summary
Law Commission Joint Review on Electoral Law
Recent electoral legislation
Background to the introduction of the Bill
Scottish Government Electoral Reform Consultation
Candidacy
Candidacy rights
Disqualification for intimidatory or abusive behaviour
Free mailout
Publication of home addresses
Residential location on ballot paper
Franchise
Voting
Registration
Improving accessibility
Undue influence
Absent voting
Proxy voting
Emergency proxy
Acting as a proxy
Postal voting
Scheduling of elections
Dissolution of the Scottish Parliament
By-elections
Postponement of scheduled local government elections
Campaigning and finance
Notional expenditure, third party campaigners and Electoral Commission fines
Digital imprints
Administration and governance
Review of electoral boundaries and adoption of Boundaries Scotland recommendations
The Electoral Commission in Scotland
Structure of the Electoral Management Board for Scotland
The Scottish Elections (Representation and Reform) Bill
Part 1: Candidacy rights of foreign nationals
Part 2: Disqualification
Scottish disqualification order
Elections Act 2022 Disqualification Orders
Temporary relief from the effect of disqualification
Ending the ambulatory effect of section 15 of the Scotland Act 1998
Part 3: Campaign finance
Notional campaign expenditure
Third party campaigners
Third party campaigning
Spending by third party campaigners based overseas
Electoral Commission code of practice on third party campaigning
Part 4: Rescheduling of elections
Amendments to the power of the Presiding Officer to postpone an ordinary general election
Power of Presiding Officer to schedule extraordinary general elections
Election of the Presiding Officer and Nomination of First Minister following a rescheduled general election
Rescheduling of constituency by-elections
Local government elections
Postponement of ordinary local elections
Postponement of local by-elections
Part 5: Election pilots and democratic engagement
Part 6: Information to be included with certain electronic material at Scottish elections
Part 7: Boundaries
Part 8: Electoral Commission five year plan
Part 9: Electoral Management Board for Scotland
Part 10: General provisions
Disqualification of MSPs and local councillors appearing on the sex offender register
Areas consulted on but not included in the Bill
Automatic adoption of recommendations by Boundaries Scotland
Candidacy rights for 16 and 17 year olds
Extension of franchise to asylum seekers and those detained on mental health grounds relating to criminal justice
Electoral Commission maximum fine
Cumulative spend by third party campaigners at devolved elections
Undue influence
Absent voting
Free mailout
Publication of home addresses and residential location on ballot paper
Registration
Accessibility
Additional issues of interest
Dual mandate
Security of elections
Secure and resilient electoral infrastructure
Protecting elected officials and candidates
Disinformation from AI-generated content
Proposed Removal from Office and Recall (Members of the Scottish Parliament) Bill
Sources
prev
next
The Scottish Government . (2024, January 23). Scottish Elections (Representation and Reform) Bill Policy Memorandum . Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/scottish-elections-representation-and-reform-bill/introduction/policy-memorandum-accessible.pdf
[accessed 30 January 2024]
The Scottish Governemnt . (2022, December 14). Electoral Reform Consultation. Retrieved from
https://www.gov.scot/binaries/content/documents/govscot/publications/consultation-paper/2022/12/electoral-reform-consultation/documents/electoral-reform-consultation/electoral-reform-consultation/govscot%3Adocument/electoral-reform-consultation.pdf
[accessed 23 November 2023]
The Electoral Commission . (2024). Electoral Commission about us . Retrieved from
https://www.electoralcommission.org.uk/about-us
[accessed 19 February 2024]
The Scottish Government . (2023, July 31). Electoral Reform Consultation Analysis. Retrieved from
https://www.gov.scot/binaries/content/documents/govscot/publications/research-and-analysis/2023/07/electoral-reform-consultation-analysis-2/documents/electoral-reform-consultation-analysis/electoral-reform-consultation-analysis/govscot%3Adocument/electoral-reform-consultation-analysis.pdf
[accessed 27 February 2024]
The Scottish Government published by the Scottish Parliament . (2024, January 23). Policy Memorandum (Scottish Elections (Representation and Reform) Bill). Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/scottish-elections-representation-and-reform-bill/introduction/explanatory-notes-accessible.pdf
The Electoral Commission . (2022, August). Council Elections in Scotland Guidance for Candidates and Agents . Retrieved from
https://www.electoralcommission.org.uk/sites/default/files/2022-08/SLG%20Part%201%20Can%20you%20stand%20for%20election_0.pdf
[accessed 17 February 2024]
The Scottish Government published by the Scottish Parliament . (2024, January 23). Financial Memorandum (Scottish Elections (Representation and Reform) Bill). Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s5-bills/scottish-elections-reform-bill/introduced/financial-memorandum-scottish-elections-reform-bill.pdf
The Electoral Commission . (n.d.) Senedd election Guidance for candidates and agents Part 1 of 6 – Can you stand for election?. Retrieved from
https://www.electoralcommission.org.uk/sites/default/files/2021-02/Senedd%20Part%201%20-%20Can%20you%20stand%20for%20election.pdf
[accessed 19 February 2024]
The Scottish Government . (2022, December). Electoral Reform Consultation . Retrieved from
https://www.gov.scot/binaries/content/documents/govscot/publications/consultation-paper/2022/12/electoral-reform-consultation/documents/electoral-reform-consultation/electoral-reform-consultation/govscot%3Adocument/electoral-reform-consultation.pdf
[accessed 19 February 2024]
Home Office, UK Government . (2022, October). Statement of changes to the immigration rules: HC719, 18 October 2022 (accessible). Retrieved from
https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc719-18-october-2022/statement-of-changes-to-the-immigration-rules-hc719-18-october-2022-accessible
[accessed 17 February 2024]
The Scottish Parliament . (2024, January 23). Scottish Elections (Representation and Reform) Bill. Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s5-bills/scottish-elections-reform-bill/introduced/scottish-elections-reform-bill-as-introduced.pdf
The Scottish Government published by the Scottish Parliament . (2024, January 23). Explanatory Notes (Scottish Elections (Representation and Reform) Bill). Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/scottish-elections-representation-and-reform-bill/introduction/explanatory-notes-accessible.pdf
[accessed 18 February 2024]
The Scottish Government published by the Scottish Parliament . (2024, January 23). Delegated Powers Memorandum (Scottish ELections (Representation and Reform) Bill). Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/scottish-elections-representation-and-reform-bill/introduction/delegated-powers-memorandum-accessible.pdf
[accessed 18 February 2024]
Legislation.gov.uk. (2022, April 28). Elections Act 2022 (Part 5) . Retrieved from
https://www.legislation.gov.uk/ukpga/2022/37/part/5/enacted
[accessed 17 February 2024]
Johnston, N., & Uberoi, E. (2021). Elections Bill 2021-2022. Retrieved from
https://researchbriefings.files.parliament.uk/documents/CBP-9304/CBP-9304.pdf
[accessed 20 February 2024]
Supreme Court UK. (2018, July 25). Judgment R v Mackinlay and others (Respondents). Retrieved from
https://www.supremecourt.uk/cases/docs/uksc-2018-0091-judgment%20minus%20restrictions.pdf
[accessed 20 February 2024]
The Electoral Commission . (2022). Elections Act changes to the spending rules November and December 2022. Retrieved from
https://www.electoralcommission.org.uk/elections-act-changes-spending-rules-november-and-december-2022
[accessed 20 2024]
The UK Government publsihed by the House of Commons . (2021, July 5). Explanatory Notes - Elections Bill. Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-02/0138/en/210138en.pdf
[accessed 21 February 2024]
The Electoral Commission. (2023, October 31). Imprints for non-party campaigners: Scottish Parliamentary elections and council elections in Scotland. Retrieved from
https://www.electoralcommission.org.uk/imprints-non-party-campaigners-scottish-parliamentary-elections-and-council-elections-scotland/what-a-non-party-campaigner
[accessed 21 February 2024]
The Scottish Parliament . (2022, February 1). Motion S6M-03009. Retrieved from
https://www.parliament.scot/chamber-and-committees/votes-and-motions/votes-and-motions-search/S6M-03009
[accessed 21 February 2024]
The Scottish Government. (2023). Electoral reform consultation: Response 349814428. Retrieved from
https://consult.gov.scot/constitution-and-cabinet/electoral-reform/consultation/view_respondent?_b_index=360&uuId=349814428
[accessed 20 February 2024]
legislation.gov.uk. (1998). The Scotland Act. Retrieved from
https://www.legislation.gov.uk/ukpga/1998/46/contents
[accessed 22 February 2024]
legislation.gov.uk. (1983). Representation of the People Act. Retrieved from
https://www.legislation.gov.uk/ukpga/1983/2
[accessed 22 February 2024]
legislation.gov.uk. (2002). Scottish Local Government (Elections) Act. Retrieved from
https://www.legislation.gov.uk/asp/2002/1/contents
[accessed 22 February 2024]
legislation.gov.uk. (2011). Local Electoral Administration (Scotland) Act. Retrieved from
https://www.legislation.gov.uk/asp/2011/10/contents
[accessed 20 February 2024]
The Scottish Government . (2023, May 17). Disqualification criteria for councillors: consultation on updating disqualification criteria for local authority members. Retrieved from
https://consult.gov.scot/local-government-and-communities/disqualification-criteria-for-local-authority/
[accessed 20 2024]
The Scottish Government . (2023, October). Scottish Government response to results of the Electoral Reform Consultation 2022/23. Retrieved from
https://www.gov.scot/binaries/content/documents/govscot/publications/consultation-analysis/2023/10/scottish-government-response-results-electoral-reform-consultation-2022-23/documents/scottish-government-response-results-electoral-reform-consultation-2022-23/scottish-government-response-results-electoral-reform-consultation-2022-23/govscot%3Adocument/scottish-government-response-results-electoral-reform-consultation-2022-23.pdf
[accessed 21 February 2024]
McIver, I. (2024, January 10). 2024 – the year of elections: why they matter. Retrieved from
https://spice-spotlight.scot/2024/01/10/2024-the-year-of-elections-why-they-matter/
[accessed 27 February 2024]
The National Cyber Security Centre. (2022, April 22). Election guidance for local authorities. Retrieved from
https://www.ncsc.gov.uk/guidance/election-guidance-for-local-authorities
[accessed 27 February 2024]
The Electoral Commission. (2023, August 8). Electoral Commission subject to cyber-attack. Retrieved from
https://www.electoralcommission.org.uk/media-centre/electoral-commission-subject-cyber-attack#:~:text=The%20Electoral%20Commission%20has%20been,detected%20on%20the%20regulator%27s%20systems.
[accessed 27 February 2024]
UK Government. (2022). Ministerial Taskforce meets to tackle state threats to UK democracy. Retrieved from
https://www.gov.uk/government/news/ministerial-taskforce-meets-to-tackle-state-threats-to-uk-democracy
[accessed 27 February 2024]
UK Parliament. (2023, September 14). Response to the Intelligence and Security Committee’s China Report Statement made on 14 September 2023. Retrieved from
https://questions-statements.parliament.uk/written-statements/detail/2023-09-14/hcws1026
[accessed 27 February 2024]
UK Government. (2024, February 26). Interministerial Group for Elections and Registration Communiqué: 23 January 2024. Retrieved from
https://www.gov.uk/government/publications/communiques-from-the-interministerial-group-for-elections-and-registration/interministerial-group-for-elections-and-registration-communique-23-january-2024
[accessed 27 February 2024]
The National Cyber Security Centre. (2023, November 14). NCSC Annual Review 2023. Retrieved from
https://www.ncsc.gov.uk/collection/annual-review-2023/resilience/case-study-defending-democracy
[accessed 27 February 2024]
The National Cyber Security Centre. (2023, December 7). Guidance for high-risk individuals on protecting your accounts and devices. Retrieved from
https://www.ncsc.gov.uk/collection/defending-democracy/guidance-for-high-risk-individuals
[accessed 27 February 2024]
UK Parliament Parliamentary Office of Science and Technology. (2024, January 9). Policy implications of artificial intelligence (AI). Retrieved from
https://post.parliament.uk/research-briefings/post-pn-0708/
[accessed 27 February 2024]
UK Government. (2023, June 9). Fact Sheet on the CDU and RRU. Retrieved from
https://www.gov.uk/government/news/fact-sheet-on-the-cdu-and-rru
[accessed 27 February 2024]
The Scottish Parliament Official Report. (2023, November 9). Standards, Procedures and Public Appointments Committee Meeting date: Thursday, November 9, 2023. Retrieved from
https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-in-parliament/SPPAC-09-11-2023?meeting=15542&iob=132618
[accessed 27 February 2024]
Atherton, S. (2022, January 19). Recall of Elected Representatives . Retrieved from
https://www.grahamsimpson.org.uk/sites/www.grahamsimpson.org.uk/files/2021-12/SPICE%20-%20Recall%20of%20elected%20representatives%20September%202021.pdf
[accessed 21 February 2024]
The Scottish Parliament . (2022, January 19). Proposed Removal from Office and Recall (Members of the Scottish Parliament) Bill. Retrieved from
https://www.parliament.scot/bills-and-laws/proposals-for-bills/proposed-removal-from-office-and-recall-scottish-parliament-bill
[accessed 21 February 2024]
The Scottish Parliament . (2022, January 19). Removal from Office and Recall (Members of the Scottish Parliament) Bill. Retrieved from
https://www.parliament.scot/-/media/files/legislation/proposed-members-bills/final-consultation-document-signed-off-by-gs.pdf
[accessed 21 February 2024]
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