Electoral reform consultation

Introduction

The Scottish Government remains fully committed to increasing participation in elections both in terms of voter turnout and encouraging people to stand for election. Democratic participation challenges the inequalities of power and influence that exist in society. The electoral system must support and empower the people of Scotland. Voting rights were extended to 16- and 17-year-olds for the Independence Referendum in 2014 and then to Scottish Parliament and Local Government elections from 2016. This consultation seeks views on increasing voter registration and active participation in elections by under-represented groups, including young people and foreign nationals as set out in the 2021-22 Programme for Government and the Scottish Government and Scottish Green Party Shared Policy Programme.

Since 2016, the Scottish Parliament has made a number of significant changes in relation to Scottish Parliament and Scottish Local Government elections (together referred to as "devolved Scottish elections" in this consultation). These followed on from public consultations in 2017 and 2018. Devolved elections have moved from a four to a five-year term. Significant changes have been made in relation to roles of the Electoral Commission, the Electoral Management Board for Scotland (the "EMB"), and Boundaries Scotland. And in 2021, legislation was passed to ensure that year's Scottish Parliament election could be safely held in the context of the Covid-19 pandemic.

Nonetheless, the Scottish Government considers that there remains scope for further important improvements to electoral law. The consultation paper discusses whether there should be any change for those currently able to vote but not permitted to stand for election, such as 16- and 17-year-olds. It highlights a number of possible changes to assist candidates in Local Government elections. It also sets out proposals on how to increase voter registration and how to improve accessibility in elections, to ensure all people can vote independently and in secret.

In addition, the paper considers the small number of people resident in Scotland without voting rights, such as asylum seekers and people detained under some mental health legislation. It looks at options for rearranging scheduled elections in response to exceptional circumstances. It considers further changes in relation to the Electoral Commission, the EMB and Boundaries Scotland. And, finally, it addresses questions arising from the UK Elections Act 2022.

Structure of the consultation paper

This consultation paper seeks views on whether changes to electoral law may be desirable. Chapter 1 focuses on those standing for election, Chapter 2 on aspects of the voting process, Chapter 3 on the scheduling of elections, Chapter 4 on campaigning and Chapter 5 on administration and governance of elections. The paper also summarises the action taken following the earlier electoral reform consultations.

Views on all aspects of the paper are welcome and encouraged, but in case it is helpful, it is suggested that Chapters 1 to 3 are of general interest, while campaigners and electoral administrators are likely to have particular interest in relation to Chapters 4 and 5.

Next Steps

This consultation is a key part of a continuing conversation on electoral reform, and we will be publicising the consultation widely. An analysis of the consultation responses will be published on the Scottish Government website and the results of the consultation will inform preparation of draft legislation on electoral reform to be brought before the Scottish Parliament in in time for the Scottish Parliament election scheduled for 7 May 2026.