Absent voting at Scottish Parliament and local government elections: equality impact assessment

Background

For Scottish Parliament elections and council elections, voters can have a postal or proxy vote (together called an ‘absent vote’) for an indefinite or an extended period, but if they do, their local Electoral Registration Officer will contact them to refresh their signature sample every five years. If a fresh signature sample is not provided, then the absent voting arrangement will cease (note that there are special arrangements if a person is unable to provide a signature sample).

An estimated 75,000 voters are due to be asked to refresh their signature sample before the election on 7 May 2026 in order to retain an indefinite absent vote (or one for a set period longer than 5 years) for Scottish Parliament and Scottish local government elections. This is currently a paper-based process. If a new signature sample is not provided, the absent vote will cease.

At the same time, between 750,000 and 800,000 UK Parliament postal votes for voters in Scotland are due to lapse before around 31 January 2026 if not renewed. These voters can either apply using a paper form^[1] for all elections or for UK Parliament elections only using the Online Absent Voting Application portal (OAVA).

There is concern that many of the voters due to refresh their signature for Scottish Parliament and local elections may incorrectly think that a reapplication via OAVA for a UK Parliament absent vote was the only activity required to vote by post or proxy in the Scottish Parliament election on 7 May 2026.

Proposed secondary legislation changes

These two SSIs taken together apply to postal and proxy votes, granted for an indefinite period or a period in excess of 5 years, where a new signature sample is due to be requested prior to the 7 May 2026 Scottish Parliament election. The SSIs disapply the requirement on the ERO to request a fresh signature before 7 May 2026. The effect of this is that these postal and proxy votes will continue in the absence of a fresh signature in 2026 with the next signature refresh to be requested prior to 31 January 2027.

How do the changes made in the SSIs impact on people?

The changes affect people who already have a postal or proxy for an extended period of time, where they would – but for the SSIs - have been asked for a signature sample prior to 7 May 2026. They will now face this request before 31 January 2027.

If a signature on an absent vote does not match the sample held on record, then an absent vote can be rejected at the time of an election. This is especially the case for older and younger voters, whose signatures are often more fluid. If a signature sample on a ballot paper does not match that on the postal vote record, it is likely that a postal vote will be rejected and the voter may not be alerted to this until after the election. This is one of the reasons why voters are asked to refresh their signature sample every 5 years.

The Scope of the EQIA

The SSIs has a potential impact on some protected characteristic groups.

There will generally be a positive impact on every voter with an indefinite postal or proxy vote, provided that their signature has not changed substantially since the date on which they previously provided a signature sample. The benefits are that:

• people with a continuing indefinite absent vote will not have to take any action before the May 2026 election in order to cast an absent vote; and
• the scope for confusion surrounding the different ways in which to obtain an absent vote between UK Parliament and Scottish devolved elections will be reduced.

In conducting this EQIA, the protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation were considered. The impacts on these protected characteristics were considered alongside the public sector equality duty to have due regard to the need to:

• eliminate unlawful discrimination, harassment, victimisation, and any other unlawful conduct prohibited by the act
• advance equality of opportunity between people who share and people who do not share a relevant protected characteristic
• foster good relations between people who share and people who do not share a relevant protected characteristic

Age

The potential for differential impact on age is related to the change this Order makes on signatures. It is generally considered (for example by electoral professionals processing absent votes) that older and younger people are more likely to see a change to their signature over time. If a signature on an absent vote does not match the sample held on record, then an absent vote can be rejected at the time of an election.

Disability

The differential impact on people with disabilities is also related to the change this Order makes on signatures. There may be some voters where the impact of a disability has resulted in a change to a person’s signature over time. If a signature on an absent vote does not match the sample held on record, then an absent vote can be rejected at the time of an election.

Other

This EQIA has not found any notable differential impacts on the protected characteristics of gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. There was no impact, positive or negative, on the public sector equality duties relating to these characteristics.

Provision is already made for any person whose signature has changed (e.g. through marriage).