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Scottish Elections (Franchise and Representation) Bill

The Bill proposes changes to who is allowed to vote and who can stand for election for Scottish Parliament and local council elections.

This is a Government bill

The Bill became an Act on 1 April 2020

Introduced: the Bill and its documents

Overview

The Bill proposes changes to who is allowed to vote and who can stand for election for Scottish Parliament and local council elections.

Who is allowed to vote

Currently, to vote you must:

  • be registered to vote
  • be 16 years old or older (for Scottish Parliament and local council elections)
  • be a British, Commonwealth or EU Citizen
  • live in Scotland
  • not legally excluded from voting, for example prisoners 

If this Bill is passed, it will also allow anyone who has a legal right to live in Scotland to vote - for example, people who have been granted refugee status or the right to asylum. 

It would allow prisoners serving sentences of 12 months or less to vote. 

Who is allowed to stand for election

The Bill would allow all foreign nationals with permanent residency (indefinite leave to remain) to stand for election. Currently only British, Commonwealth and EU Citizens can stand as candidates.

Why the Bill was created

The Scotland Act 2016 gave the Scottish Parliament further powers over elections, for example who can vote. 

Using these powers, the Scottish Government is proposing to extend who has the right to vote and the right to stand in elections.

It wants people with a legal right to stay in the country to be able to vote and people with permanent residency (indefinite leave to remain) to be able to stand in elections.

It also wants to bring Scotland in line with human rights law for prisoner voting.

Accompanying Documents

Explanatory Notes (119KB, pdf) posted 06 August 2019

Policy Memorandum (313KB, pdf) posted 06 August 2019

Financial Memorandum (187KB, pdf) posted 06 August 2019

Delegated Powers Memorandum (137KB, pdf) posted 06 August 2019

Statements on legislative competence (85KB, pdf) posted 06 August 2019

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Scottish Elections (Franchise and Representation) Bill SPICe briefing

The Bill was introduced on 20 June 2019

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Standards, Procedures and Public Appointments Committee. The lead committee considers and reports on the Bill.

Call for views (closed)

The deadline for sharing your views on this Bill has passed.

Read the responses

Who spoke to the lead committee

Work by other committees

Delegated Powers and Law Reform Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 28 November 2019 to consider and decide on the general principles of the Bill.

  • Motion title: Scottish Elections (Franchise and Representation) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Scottish Elections (Franchise and Representation) Bill.
  • Submitted by: Michael Russell
  • Date lodged: Tuesday, 26 November 2019
  • Motion reference: S5M-20049
  • Current status: Taken in the Chamber on Thursday, 28 November 2019

Result 63 for, 18 against, 0 abstained, 48 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 28 November 2019

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

Documents with the amendments considered at the meeting held on 16 January 2020:

First Marshalled List of Amendments for Stage 2 (284KB, pdf) posted 13 January 2020

Revised Groupings of Amendments for Stage 2 (192KB, pdf) posted 15 January 2020

Revised Documents

Revised Explanatory Notes (231KB, pdf) posted 14 February 2020

The Bill ended Stage 2 on 16 January 2020

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments considered at the meeting on 20 February 2020:

First Marshalled List of Amendments for Stage 3 (208KB, pdf) posted 13 February 2020

First Groupings of Amendments for Stage 3 (240KB, pdf) posted 13 February 2020

Timed Groupings of Amendments for Stage 3 (287KB, pdf) posted 19 February 2020

Supplementary Marshalled List of Amendments for Stage 3 (130KB, pdf) posted 20 February 2020

Super-majority

Under section 31(2A) of the Scotland Act 1998, the Presiding Officer decided that the Bill needed a super-majority to pass. This is because the Bill relates to a protected subject-matter. This is “the persons entitled to vote as electors at an election for membership of the Parliament”. A super-majority means that the number of members voting for a Bill must be at least two-thirds of the total number of seats for members of the Parliament (86 votes). The Bill passed, after reaching the required super-majority.

Final version of the Bill

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Scottish Elections (Franchise and Representation) Bill
  • Text of motion: That the Parliament agrees that the Scottish Elections (Franchise and Representation) Bill be passed.
  • Submitted by: Michael Russell
  • Date lodged: Tuesday, 18 February 2020
  • Motion reference: S5M-20922
  • Current status: Taken in the Chamber on Thursday, 20 February 2020

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 20 February 2020

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.