Local Government Election 2022: Guidance on activity in and around polling places

Specific guidance for candidates and election agents

• All candidates and election agents are entitled to attend polling stations for their constituency.
• The rights of candidates and election agents are the same as those of polling agents.

Specific guidance for polling agents

• Candidates or their election agents can also appoint Polling Agents to visit polling stations on their behalf on polling day although there is no obligation to appoint any such agents.
• There is no limit on the number of polling agents that may be appointed.
• You must appoint any polling agents by informing the Returning Officer in writing by no later than 28 April. The Returning Officer has issued you with a template form for this purpose.
• The role of polling agents is to help detect and prevent the offence of “personation” (where someone votes illegally by pretending to be another person or by trying to vote more than once).
• While polling agents have a role to support their candidate, they also have an important part to play as the “eyes and ears” of the public in assuring that the election is carried out securely and according to the rules. Polling agents are not there to campaign but to give assurance to the integrity of the process.
• Polling agents serve a number of purposes for candidates.
• They may:
  • observe the PO showing the empty ballot box(es) prior to sealing
  • mark off on their copy of the Register of Electors those voters who have applied for a ballot paper and
  • be present at the close of poll when the various packets of documents are sealed and they may attach their seal to them, including the ballot box(es).
• As above, polling agents are required to maintain the secrecy of voting and are subject to the legal requirements relating to secrecy outlined in the Scottish Parliament (Elections etc) Order 2015 - Requirement of Secrecy – Section 31. They must not give information to anyone as to who has or has not voted, or a person’s elector number, or the official mark on the ballot papers. Polling agents may mark off on their copy of the Register of Electors those voters who have applied for ballot papers, but if they leave the polling station during the hours of polling, their marked copy of the register should be left in the polling station in order not to breach the secrecy requirements.
• Not more than one polling agent on behalf of the same candidate may be admitted into a particular polling station at any one time. Any polling agent may be appointed to attend more than one polling station.
• Although a polling agent is entitled to witness various aspects of the polling procedure, the procedure is not invalidated if they have not witnessed it.
• If a polling agent wears a rosette or badge, it should be plain but may display the name of a candidate, party and/ or emblem.
• be present when the PO marks ballot papers at the request of voters who need assistance marking their ballot paper because of disability or an inability to read or write