tso-banner.gif (2487 bytes) Previous page Contents page Next page
  
Scottish Parliament and Local Government Elections
 
 
Guidelines for Returning Officers for the Scottish Parliament and Local Government Elections, 6 May 1999
 
The Returning Officers' Responsibilities
A. The Constituency Returning Officer
The Constituency or Primary Returning Officer is responsible for the proper conduct and organisation of:
  • The Scottish Parliament elections; and
  • The combined functions for the Scottish Parliament and Local Government elections;
in their Constituency except for these functions required to be carried out by the Regional Returning Officer, in line with current legislation and good practice.
The combined functions include:

a) Notice of situation of polling stations ;

b) Provision of polling stations;

c) Appointment of Presiding Officers and Polling Clerks;

d) Equipment at polling stations;

e) Notification of requirement of secrecy at polling stations;

f) Signature of certificates of employment;

g) Authorisation to order removal of persons from a polling station;

h) Separation of all ballot papers;

i) Issue, receipt and counting of postal ballot papers, which is discretionary and requires agreement between the Constituency Returning Officer and the Local Government Returning Officer.

 
B. The Regional Returning Officer
The Regional Returning Officer is solely responsible for:

a) Nominations for the Regional election;

b) Calculating by the d'Hondt method the allocation of Regional seats;

c) Recalculations of the allocation of Regional seats, if requested.

 
C. The Local Government Returning Officer
The Local Government Returning Officer is responsible for all aspects of the Local Government elections other than those undertaken by the Constituency Returning Officer under the requisite legislation relating to combined functions.
For avoidance of doubt in these Guidelines the Constituency or Primary Returning Officer will be referred to simply as the Returning Officer, while the Regional Returning Officer and the Local Government Returning Officer will be referred to as such where appropriate.
 
Timetable of the Elections
 
Proceeding Time
Publication of Notice of Elections Between Wednesday, 24 March 1999 and Tuesday, 6 April 1999
Delivery of Nomination Papers No later than 4pm on Tuesday, 13 April 1999
Delivery of certificate issued by or on behalf of the nominating officer of a Registered Political Party No later than 4pm on Tuesday, 13 April 1999
Request for an emblem to be printed on the ballot paper by a candidate (For the Regional election the emblem to accompany the submitted Regional List) No later than 4pm on Tuesday, 13 April 1999
The making of objections to nomination papers (except due to disqualification under Representation of the People Act 1981) [Scottish Parliament Elections only] No later than 12 noon on Tuesday, 13 April 1999 (or 5pm for late nominations - see Election Rules)
The making of objections to nomination papers due to disqualification under Representation of the People Act 1981 [Scottish Parliament Elections only] On Wednesday, 14 April 1999 between 10am and 4pm
Delivery of notices of withdrawals of candidature No later than 4pm on Tuesday, 13 April 1999 (Scottish Parliament)
No later than 4pm on Thursday 15 April 1999 (Local Government)
Publication of statement of persons nominated As soon as possible after objections have been dealt with (Scottish Parliament)
No later than Thursday, 29 April 1999 (Local Government)
Last day for receipt of absent voting applications No later than 5pm on Tuesday, 20 April 1999
Last day for receipt of late absent voting applications on unforeseen physical illness No later than 5pm on Tuesday, 27 April 1999
Last day for the appointment of Polling and Counting agents No later than Wednesday, 28 April 1999 (Scottish Parliament)
No later than Thursday, 29 April 1999 (Local Government)
Polling Between the hours of 7am and 10pm on Thursday, 6 May 1999
Verification and Count of the Scottish Parliament elections As soon practicable after the close of polls, Thursday, 6 May 1999
Local Government elections counts. Not to commence before 10am on the day after the elections, Friday, 7 May 1999
 
In computing any period of time for the purposes of the timetable, the following days are disregarded: Saturdays, Sundays, Christmas Eve, Christmas Day, Maundy Thursday (Local Government only), Good Friday, Easter Monday (Scottish Parliament only), bank holidays and any day appointed for public thanksgiving or mourning in Scotland.
 
Requirement for Secrecy
All staff appointed by Returning Officers must be issued with sub-sections (1), (2), (3), (4) and (6) of article 29 of the Scottish Parliament (Elections Etc) Order 1999. Copies of these sub-sections are appended to "IN THE POLLING STATION" and "IN THE COUNTING CENTRE".
 
Delivery of Nominations

The nomination papers for the Scottish Parliament elections will not require the support of proposer, seconder or assenter.
They must however be signed by the candidate and one witness.
The nomination paper must contain the full name and address of the witness.

 
Nomination papers for the Constituency elections must be delivered to the Returning Officer. Nomination papers for the Regional elections must be delivered to the Regional Returning Officer and Local Government candidates' nomination papers must be delivered to the Local Government Returning Officer.
Nomination papers for the Local Government elections require, as normal, a proposer, seconder and 8 assenters.
 
Registration of Political Parties Act
The Register of Political Parties is maintained by the Registrar of Political Parties at Companies House. The address is: The Registrar of Political Parties, Companies House, Crown Way, Cardiff CF4 3UZ; telephone number: 01222-380380, Fax 01222-380149. The Registrar's website address is www.party_register.gov.uk. The Register will be kept up to date on the website, so it can be checked by returning officers, parties, candidates and anyone else with an interest.
Prior to the elections on 6 May 1999, each Returning Officer will receive, automatically and free of charge, from the Registrar a hard copy of the Register. This will give you details of the names, emblems and names of registered nominating officers of all the parties which are registered at the latest date for publication of the notice of election. Parties which register after this date will not count as registered for the purpose of the elections concerned.
 
Nomination Procedures
Nomination papers for Constituency Candidates and Individual Regional Candidates at Scottish Parliament elections containing a description which is the same as a political party's registered name or which, in the Returning Officer's view, could lead voters to associate them with a registered political party must, if they are to be accepted, be supported by a certificate of authorisation issued by or on behalf of that party's registered nominating officer received by the Returning Officer within the time allowed for the delivery of nomination papers. Individual Regional Candidates may not use a description which could lead them to be associated with a registered political party.
The certificate of authorisation can be issued by someone else, provided that they are authorised to do so by the party's registered nominating officer. Returning Officers will need to be satisfied that a person issuing a certificate authorising a candidate's description on behalf of a registered nominating officer is authorised to do so. Returning Officers will need to ask those issuing certificates on behalf of nominating officers to provide some evidence of delegation (for example a letter from the registered nominating officer) if none were provided with or in advance of the certificate. Photocopied letters would be acceptable.
It is an offence for anyone fraudulently to purport to be authorised to issue a certificate by the party's registered nominating officer. Such a certificate would be of no effect. A certificate purporting falsely to be signed by the nominating officer personally would similarly be a nullity.
A nomination paper containing a candidate's description which could, in the Returning Officer's view, lead voters to associate them with a registered political party but which is not supported by a certificate of authorisation received within the time allowed for delivery of nominations will not be acceptable.
Certain reports claiming that candidates will no longer be able to describe themselves as independent were based on a misunderstanding of the Registration of Political Parties (Prohibited Words and Exprerssions) Order 1998. The Order applies to words used in the registered names of parties, not to words used in the descriptions used by individual candidates. The Order prevents the "Independent Party" or, for example, the "Independent Conservative Party" from registering to ensure that the word "independent" remains available for individual candidates to use in their descriptions if they so wish.
At elections to the Scottish Parliament only registered political parties are allowed to put forward lists of candidates. Any nomination paper for a list of candidates which is not signed by or on behalf of the registered nominating officer of a registered political party will be invalid. Such nomination should also contain the name (not exceeding six words in length) by which the party wishes to be known at the election. This need not be the registered name, but may not be one which would lead the party to be associated with another registered party _ otherwise the list may be held invalid. A list containing more than 12 names will also be held invalid.
 
Summary
The questionnaire below should assist you in deciding whether a nomination paper is acceptable.
 
Is the description on the nomination paper likely to lead voters to associate that candidate with a registered political party?
 
A proposed description does not have to be identical to that of a registered political party for the appropriate Returning Officer to take the view that the electorate might associate the candidate with the party in question. For example, a name such as "Literal Democrat" which is very similar to that of another political party would be likely to lead voters to associate the candidate with a registered party (Liberal Democrat). A candidate describing himself/herself as a "Tory" is likely to be associated by voters with the Conservative Party, and a candidate describing himself/herself as "Scottish Labour" with the Labour Party. However, a Returning Officer would probably consider that voters would not be likely to associate a candidate describing himself/herself as "independent Conservative" or "unofficial Labour" with the Conservative or Labour Party respectively.
If the answer is NO, there is no reason to declare that the nomination is unacceptable.
If the answer is YES then ask:
 
Is there a certificate of authorisation from that party's registered nominating officer or issued by someone authorised to act on his behalf?
 
If the answer is NO, the nomination paper will be unacceptable.
If the answer is YES, there is no reason to declare that the nomination is unacceptable.
The certificate must authorise the precise description chosen by the candidate. A Labour Party candidate, for example, might choose to describe himself/herself as "Labour", "the Scottish Labour Party candidate", "official Labour" etc.
If the Returning Officer considers that a nomination paper is unacceptable they must give a decision to that effect as soon as practicable after the close of the period for the delivery of nomination papers. Notwithstanding this, it would be appropriate for such a Returning Officer to inform anyone delivering the nomination paper without a certificate (where required) that they will hold the nomination paper unacceptable at the appropriate time unless they receive a valid certificate.
 
Registered Party Emblems
A candidate whose nomination is supported by a certificate of authorisation issued by,
or on behalf of, a party's registered nominating officer can request, in writing, to have that party's emblem, or one of them, printed next to their name and other particulars on the ballot paper. Note that the request is to be made by the candidate personally, not their agent or the registered nominating officer. Where a party has more than one registered emblem, the candidate must specify which emblem they wish to use.
In the case of a registered party's list of candidates, the registered nominating officer may request the inclusion of the party's emblem, or one of them, on the ballot paper.
The emblems of registered political parties will not appear on the statements of persons nominated.
Provided that the description on the nomination paper is authorised by a certificate from the party's registered nominating officer (or an authorised person acting on their behalf) and the Returning Officer has received the written request for the inclusion of the party's registered emblem (or one of them) within the time allowed for delivery of nominations, they must arrange for that emblem to be printed on the ballot paper. Many candidates, or their parties, will be able to provide good quality copies of their emblems for use in printing on ballot papers. Where this artwork is not available, however, the emblem should be reproduced from the version shown in your copy of the Register of Political Parties.
The candidate or registered nominating officer may request that (one of) their party's registered emblems be printed on the ballot paper. They are not entitled to use a variation on a registered emblem. Where an emblem is annexed to the request (for example to use in printing the ballot paper), it is essential that it is an accurate copy of one of the emblems registered.
 
Deposits
The deposit for Constituency candidates will be £500 (to be deposited with the Returning Officer) and will be returned if the candidate receives more than 5% of the total valid votes cast in that Constituency. The deposit for each Political Party or Individual Candidate on the Regional ballot paper will be £500 (to be deposited with the Regional Returning Officer). This is to be returned if they win over 5% of the valid votes in the Region or if they are allocated a Regional seat despite having less than 5% of the valid votes within that Region.
The payment can be made in any legal tender or by banker's draft. The appropriate Returning Officer however may refuse to accept a banker's draft if they do not know that the drawer carries on business in the UK. With the consent of the appropriate Returning Officer it may be made in another manner (e.g. by registered cheque) and it can be made by anyone.
There is no requirement for a deposit by candidates in Local Government elections.
 
Ballot Papers
Printing of Scottish Parliament Constituency ballot papers (PURPLE) is the responsibility of the Returning Officer. Printing of Local Government ballot papers (WHITE) is the responsibility of the Local Government Returning Officer. The Local Government ballot paper will be similar in layout to the purple Scottish Parliament Constituency ballot paper shown in the introduction. It is a matter for the Returning Officer and the Regional Returning Officer to determine responsibility for the printing of the Regional ballot paper (PEACH).
Emblems printed on Constituency ballot papers and Local Government ballot papers should be printed at 2cm square (unless there is a request for them to be smaller) and must be printed next to the candidate's particulars.
On Regional ballot papers the emblems should be printed at 2 cm square (unless there is a request for them to be smaller) and printed next to the Party's name on the ballot paper.
 
Official Mark
The pin pattern for the official mark to be stamped on ballot papers should be the same for each election but must not have been used in any similar (ie. local government) election within the previous 7 years. The pin pattern for postal ballot papers should similarly be the same for each type of ballot paper but should be different from that used for the ordinary ballot papers.
 
Equipment and Supplies
It is the responsibility of the Returning Officer to make sure that there is sufficient equipment supplied to each polling station.
Below is an illustrative list of polling station supplies and equipment.
Illustrative Polling Station Supplies Check list
  • 3 colour coded Ballot boxes
  • Seals for the Ballot boxes
  • Polling Booths, incl. for disabled voters
  • Tables and Chairs
  • The Register of Electors
  • The List of Postal Voters
  • The List of Proxy Voters
  • The List of Postal Proxy Voters (where appropriate)
  • Ordinary Ballot Papers (3)
  • Tendered Ballot Papers (3)
  • A Stamping Instrument
  • "Presiding Officer's Sundries" - Pencils, String, Drawing Pins, Scissors, Sealing Wax, Blu-tac etc.
  • Information Poster about different types of ballot papers
  • Notice for Voting signs
  • Stamping of Ballot Papers notices
  • Polling station Signs
  • Way In/Way Out Signs
  • "Guidance for Voters" Signs
  • Official Forms including:
  • I. The Ballot Paper Accounts (3)
    II. Declaration to be made by Companions of Blind Voters
    III. List of Blind Voters Assisted by Companions
    IV. List of Tendered Votes
    V. List of Votes Marked by the Presiding Officer
    VI. Statement of the number of voters whose votes marked by the Presiding Officer
    • Official Packets/Envelopes for:
    i. Unused and Spoilt Ballot Papers (both Ordinary & Tendered)
    ii. Counterfoils of all Used and Spoilt Ballot Papers and Certificates of Employment
    iii. Tendered Ballot Papers
    iv. The Ballot Paper Accounts
    v. The Marked Copies of the Register of Electors and List of Proxies
    vi. The List of Tendered Votes (1), List of Blind Voters Assisted by Companions (1), List of Votes Marked by the Presiding Officer (1), and Declarations made by Companions of Blind Voters (1)
    • An Inventory of supplies
  • Notice of Poll and Guidance for Voters and Notice for Voters in ethnic minority languages
  • Large Sample Ballot Papers for Voters with poor eyesight
  • List of Streets for the Polling Station
  • List of Polling Stations in the area
  • A second Stamping Instrument
  • Table Signs
  • Map with directions to the Verification/Counting Centre
  • List of Caretakers' names, telephone numbers and addresses
  • Emergency telephone numbers
  • Guidance from Returning Officers regarding conduct of Polling Agents and Tellers
  • A Form for turnout
  • Identification badges.
  • Inland Revenue forms (P528)
  • Spare envelopes
  •   Previous page Contents page Next page