Understanding the New Changes in Scottish Election Laws

Get ready for some changes in the way elections are run in Scotland! The Scottish Elections (Representation and Reform) Act 2025 is bringing about important updates, and here’s what you need to know.

Key Changes:

1. Electoral Management Board (EMB) Independence:

   • The EMB will soon become a public body. This means it will operate more independently, reporting directly to the Scottish Parliament rather than Scottish Ministers.
   • This change is scheduled for April 1, 2026, allowing the EMB to manage its own budget and operations with oversight from the Parliament.

2. Digital Imprints for Campaigns:

   • New rules are being introduced for digital campaign materials. From November 17, 2025, all electronic campaign content must include a digital imprint. This includes unpaid materials by third-party organizations that are not registered campaigners.
   • This is an extension of the existing rules from the Elections Act 2022, ensuring transparency about who is behind political messages online.

3. Guidance from the Electoral Commission:

   • The Electoral Commission has developed statutory guidance to help everyone understand and comply with the new digital imprint requirements.
   • This guidance will be reviewed by Parliament and, unless rejected, will become effective on November 17, 2025.

Why These Changes? These updates aim to modernize and improve the transparency of elections in Scotland, ensuring voters know who is behind the campaign materials they see online. Enhanced independence for the EMB is set to strengthen the management of elections, making the process more robust and accountable.

Consultation and Impact: The changes were developed after extensive consultation, including input from the Electoral Commission and other electoral bodies. An Equality Impact Assessment was conducted to ensure the reforms are fair and inclusive.

Financial Considerations: The financial implications of these changes have been detailed in the Financial Memorandum associated with the Act, ensuring that the reforms are implemented efficiently.

Stay informed and prepare for a more transparent electoral process in Scotland with these upcoming changes!