Explanatory note

This Order amends the Scottish Local Government Elections Order 2007 to provide for the publication of voting preferences by polling station at local government elections (including by-elections). The preferences are to be published after the declaration, for each stage of the count.

The requirement is only applicable where votes are counted electronically, for reasons of practicality. Article 3 makes a consequential amendment for that reason

Article 4 allows the returning officer to retain information, including electronic information, after the completion of a count so that the information can be compiled, with a requirement that the information must be kept and used in a manner that preserves secrecy of voting.

Article 5 introduces the publication requirements. Where less than 200 votes are cast at a polling station, the information for it is to be aggregated with one or more other stations, so that data is not disclosed below a threshold of 200 votes. That is to protect against the publication of information which might reveal how a particular voter cast his or her ballot. If that threshold cannot be reached in a ward, no data will be published.

Article 5 also provides that the publication of voting preferences will, if possible, be undertaken for the May 2007 local government poll, and allows the returning officer to access the electronic records for that poll to compile the information. Conditions are attached, to ensure that secrecy of voting is maintained.