The Scottish Parliament (Elections etc.) Order 2015

Rule 66 of local elections rules (abandonment of poll)

39.  For rule 66(2) to (6) of the local elections rules there shall be substituted—

“(2) Where the poll at the local government election is abandoned by reason of a candidate’s death, no further ballot papers for that poll shall be delivered in any polling station and, at the close of the poll for the Scottish parliamentary election, the presiding officer must take the like steps for the delivery to the returning officer of the ballot boxes and of ballot papers and other documents as the presiding officer would be required to do if the poll at the local government election had not been abandoned.

(3) The returning officer shall dispose of ballot papers used at the local government election (at which a candidate has died) as the returning officer is required to do on the completion in due course of the counting of the votes.

(4) It is not necessary for any ballot paper account at that election to be prepared or verified.

(5) The returning officer, having separated the ballot papers relating to the Scottish parliamentary election, shall take no step or further step for the counting of the ballot papers used at the local government election (at which a candidate has died) or of the votes.

(6) The returning officer must seal up all of those ballot papers, whether the votes on them have been counted or not.”.