Scottish Elections (Franchise and Representation) Bill

Author: Sarah Atherton

PDF Published: Monday 02 Sep 2019 (SB 19-55)

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Overview
Report

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Overview
Report
- Background to the Bill
- Bill overview
  - Franchise
  - Candidacy for Scottish elections
    
    Scottish Parliament disqualifications
    
    Local government disqualifications
  - Prisoner voting
    
    Why does the law on prisoner voting need to change?
    
    What does the Bill propose on prisoner voting?
    
    Scottish Government Consultation
    
    Equalities and Human Rights Committee inquiry
    
    Franchise for Shetland by-election
- Electoral legislation
  - Devolution of power over elections
  - Devolution of powers: The Smith Commission
- Joint project on electoral law by the Law Commissions
  - Developments at UK Parliament
Sources

Scottish Elections (Franchise and Representation) Bill Delegated Powers Memorandum, paragraph 7. (2019, June 20). Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51DPMS052019.pdf [accessed 31 July 2019]

The Scottish Government. (2018, September 4). Delivering for Today, Investing for Tomorrow, the Scottish Government's Programme for Government 2018-19. Retrieved from https://www.gov.scot/programme-for-government/ [accessed 31 July 2019]

The Scottish Parliament. (2019, June 20). Scottish Elections (Franchise and Representation) Bill Policy Memorandum, paragraph 76. Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51PMS052019.pdf [accessed 31 July 2019]

The Scottish Parliament. (2019, May 28). Scottish Elections (Franchise and Representation) Bill Policy Memorandum, paragraph 14. Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51PMS052019.pdf [accessed 24 July 2019]

The Scottish Parliament. (2019, June 20). Scottish Elections (Franchise and Representation) Bill Policy Memorandum, paragraph 6. Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51PMS052019.pdf [accessed 12 August 2019]

The Scottish Parliament. (2019, June 20). Scottish Elections (franchise and Representation) Bill Policy Memorandum, paragraph 73. Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51PMS052019.pdf [accessed 1 August 2019]

The Electoral Commission. (n.d.) Guidance for candidates and agents: part 1 of 6 can you stand for election?. Retrieved from https://www.electoralcommission.org.uk/sites/default/files/pdf_file/SP-Part-1-Can-you-stand-for-election.pdf [accessed 31 July 2019]

The Scottish Parliament. (2019, June 20). Scottish Elections (Franchise and Representation) Bill, paragraph 52. Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51PMS052019.pdf [accessed 20 June 2019]

Evans, A. (2017, December 06). Prisoner voting in Scotland - a short summary. Retrieved from https://bprcdn.parliament.scot/published/2017/12/6/Prisoner-voting-in-Scotland---a-short-summary/SB%2017-85.pdf [accessed 22 July 2019]

House of Lords and House of Commons Joint Committee on the Draft Voting Eligibility (Prisoners) Bill. (n.d.) Draft Voting Eligibility (Prisoners) Bill Report, Session 2013-2014. Retrieved from https://publications.parliament.uk/pa/jt201314/jtselect/jtdraftvoting/103/103.pdf [accessed 16 December 2013]

Johnston, N. (2019, March 11). Prisoners' voting rights: developments since May 2015. Retrieved from https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7461 [accessed 22 July 2019]

The Guardian. (2017, December 7). Council of Europe accepts UK compromise on prisoner voting rights. Retrieved from https://www.theguardian.com/politics/2017/dec/07/council-of-europe-accepts-uk-compromise-on-prisoner-voting-rights [accessed 22 July 2019]

House of Commons. (2018, July 4). PQ 157787. Retrieved from https://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2018-06-26/157787/ [accessed 22 July 2019]

The Scottish Parliament. (2019, June 21). Scottish Elections (Franchise and Representation) Bill Policy Memorandum, paragraph 62. Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51PMS052019.pdf [accessed 1 August 2019]

McCallum, F. (2016, June 1). The Scottish Criminal Justice System: The Criminal Courts. Retrieved from http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-46_The_Scottish_Criminal_Justice_System-The_Criminal_Courts.pdf [accessed 30 August 2019]

The Scottish Parliament. (2019, June 21). Scottish Elections (Franchise and Representation) Bill Policy Memorandum, paragraph 68. Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51PMS052019.pdf [accessed 1 August 2019]

The Scottish Government. (, December 2018). Consultation on Prisoner Voting, page 10. Retrieved from https://consult.gov.scot/elections/prisoner-voting/user_uploads/consultation-on-prisoner-voting.pdf [accessed 25 July 2019]

The Scottish Parliament. (2019, June 20). Scottish Elections (Franchise and Representation) Bill, paragraph 39. Retrieved from https://www.parliament.scot/S5_Bills/Scottish%20Elections%20(Franchise%20and%20Representation)%20(Scotland)%20Bill/SPBill51PMS052019.pdf [accessed 12 August 2019]

The Scottish Government. (2019, June 21). Consultation on prisoner voting: Analysis of responses, paragraph 2.4. Retrieved from https://www.gov.scot/publications/consultation-prisoner-voting-analysis-responses/ [accessed 1 August 2019]

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The Scottish Government. (2019, June 21). Consultation on prisoner voting: Analysis of responses, paragraph 2.6. Retrieved from https://www.gov.scot/binaries/content/documents/govscot/publications/consultation-analysis/2019/06/consultation-prisoner-voting-analysis-responses/documents/consultation-prisoner-voting-analysis-responses/consultation-prisoner-voting-analysis-responses/govscot%3Adocument/consultation-prisoner-voting-analysis-responses.pdf [accessed 1 August 2019]

The Scottish Government. (2019, June 21). Prisoner voting consultation: analysis of responses, paragraph 2.6. Retrieved from https://www.gov.scot/publications/consultation-prisoner-voting-analysis-responses/ [accessed 1 August 2019]

Scottish Parliament Equalities and Human Rights Committee. (2018, May 14). Prisoner Voting in Scotland, paragraph 145. Retrieved from https://bprcdn.parliament.scot/published/EHRiC/2018/5/14/Prisoner-Voting-in-Scotland/EHRiC-S5-18-3.pdf [accessed 22 July 2019]

The Scottish Government. (2019, June 21). Prisoner voting consultation: analysis of responses, paragraph 2.13. Retrieved from https://www.gov.scot/publications/consultation-prisoner-voting-analysis-responses/ [accessed 1 August 2019]

The Scottish Parliament. (2013, June 27). Official Report, 27 June 2013. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=8740&mode=pdf [accessed 23 July 2019]

Legislation.gov. (2019, August 2). The Representation of the People Act 1983 Remedial (Scotland) Order 2019. Retrieved from https://www.legislation.gov.uk/ssi/2019/261/made [accessed 2 August 2019]

The Scottish Government. (2019, August 1). Franchise for Shetland by-election to be aligned with court ruling. Retrieved from https://www.gov.scot/news/franchise-for-shetland-by-election-to-be-aligned-with-court-ruling/ [accessed 1 August 2019]

House of Commons. (2019). Electoral Law Inquiry. Retrieved from https://www.parliament.uk/business/committees/committees-a-z/commons-select/public-administration-and-constitutional-affairs-committee/inquiries/parliament-2017/electoral-law-inquiry-17-19/ [accessed 12 August 2019]

Last Updated: 23/5 5:50pm

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