The Northern Ledger

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Scottish local election rules change on access and ballots

The driest line in the new Scottish order may also be the most important: polling stations must provide whatever is ‘reasonable’ to help disabled people vote independently and in secret. Buried in eight pages of legislation published by legislation.gov.uk, the Scottish Local Government Elections Amendment Order 2026 rewrites parts of the rulebook for standalone council elections, covering candidate paperwork, ballot paper layout, poll cards and support at the booth. (legislation.gov.uk)

Made on 2 September, laid before the Scottish Parliament on 4 September and due to come into force on 13 November 2026, the Order sits firmly in devolved territory: this is Edinburgh, not Westminster, deciding how parts of local democracy are run. Ministers also recorded that they had consulted the Electoral Commission. There is one important catch, though. The Order says it has no effect for any election with a polling day on or before 5 May 2027, which gives councils, returning officers and community campaigners time to get ready before the changes bite. (legislation.gov.uk)

One change speaks to accountability as much as administration. If a candidate does not publish their home address, or if they do publish it and that address is outside Scotland, the nomination form must now include a correspondence address within Scotland. The explanatory note says that address will only be used and published if the candidate becomes their own election agent by default. For independents and smaller local slates, that is a technical rule worth noticing early rather than finding on deadline day. (legislation.gov.uk)

There is also a push for consistency on the ballot paper itself. Under the new rule, each candidate’s surname must appear first, then their forename, with a comma between the two. Ministers are also replacing the nomination paper and ballot paper forms. According to the explanatory note on legislation.gov.uk, the nomination form is being updated after changes to local government candidacy rights in the Scottish Elections (Representation and Reform) Act 2025, while the ballot paper form is being altered to match the new standard name format. (legislation.gov.uk)

Returning officers are being given clearer room to add extra information to official poll cards, postal poll cards and proxy poll cards, provided it is not about a candidate or a registered party. That may sound minor, but anyone who has seen voters turn up confused about access, timings or the practicalities of the day will know why it matters. The law now makes plain that different groups of electors can be sent different additional information where local administrators judge that to be appropriate. (legislation.gov.uk)

The biggest shift is on accessibility. The old duty centred on a specified device for blind and partially sighted voters; the new one is broader, covering blind and partially sighted voters as well as people with another disability, and it is built around independent, secret voting. The Order says the Electoral Commission must issue guidance on that duty and that returning officers must have regard to it. In other words, the legal expectation is moving away from a one-size-fits-all answer and towards support shaped by real barriers on the ground. (legislation.gov.uk)

This is not appearing from thin air. In a 2025 equality impact assessment for similar Scottish Parliament election changes, the Scottish Government said a more flexible equipment duty should help more disabled voters cast their vote independently and in secret, and recorded supportive feedback from stakeholders including RNIB Scotland. The Electoral Commission’s present guidance already points returning officers towards large sample ballots, enlarged handheld copies, magnifiers, seating, lighting and other equipment based on local need and feedback. (gov.scot)

For anyone tired of politics being discussed as if it only happens at Westminster, this is a reminder that devolved government often works through the nuts and bolts. A council election is shaped as much by a form, a poll card and the kit inside a polling station as by the speeches outside it. The real test will come after 5 May 2027, when Scotland’s local election machinery has had time to absorb the new rules and voters can judge whether access is actually better on the day. That final point is an inference from the Order’s timetable. (legislation.gov.uk)

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