Article 11 Proxies at Scottish parliamentary elections

(1)

Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 12 referred to as “the elector”) at any Scottish parliamentary election and may vote in pursuance of the appointment.

(2)

The elector cannot have more than one person at a time appointed as proxy to vote for him at a Scottish parliamentary election.

(3)

A person is not capable of being appointed to vote, or of voting, as proxy at a Scottish parliamentary election–

(a)

if he is subject to any legal incapacity (age apart) to vote at that election as an elector; or

(b)

if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland nor a relevant citizen of the Union.

(4)

A person is not capable of voting as proxy at a Scottish parliamentary election unless on the date of the poll he has attained the age of eighteen.

(5)

A person is not entitled to vote as proxy in any constituency at the same Scottish parliamentary election on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6)

Where the elector applies to the registration officer for the appointment of a proxy to vote for him at Scottish parliamentary elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be–

(a)

registered in the register of electors for that election; and

(b)

shown in the record kept under article 9 as voting by proxy at such elections, and that the proxy is capable of being and willing to be appointed to vote as proxy at such elections.

(7)

Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular Scottish parliamentary election, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 3 and he is satisfied that the elector is or will be–

(a)

registered in the register of electors for that election; and

(b)

entitled to vote by proxy at that election by virtue of an application under article 10,

and that the proxy is capable of being and willing to be appointed.

(8)

The appointment of a proxy under this article is to be made by means of a proxy paper issued by the registration officer.

(9)

The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force, where the appointment related to a Scottish parliamentary election or Scottish parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a Scottish parliamentary election or Scottish parliamentary elections (whether in the same Scottish parliamentary constituency or elsewhere); and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.

(10)

Subject to paragraph (9), the appointment shall remain in force–

(a)

in the case of an appointment for a particular election, for that election; and

(b)

in any other case, while the elector is shown as voting by proxy in the record kept under article 9 in pursuance of the same application under that article.