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Technical Notes 2026, Issue 14 - Scottish Parliament Elections 7 May 2026 (1)

  • Report by:

    Karen M Donnelly, Chief Solicitor & Monitoring Officer, Legal & Regulatory Services

  • TN Number:

    014-26

  • Subject:

    Scottish Parliament Elections 7 May 2026 (1)

  • Responsible Officer:

    Karen M Donnelly, Chief Solicitor & Monitoring Officer

  • Publication:

    This Technical Note will be published on the Council’s website following circulation to Members. Its contents may be disclosed or shared outwith the Council.

  • This is the first in a series of Technical Notes intended to update Members on developing arrangements for the Scottish Parliament Elections which are scheduled to take place on 7 May 2026
  • Members will be aware that the Scottish Parliament elections are due to take place on 7 May. There are a series of deadlines and other key dates which precede this date and these will be shared in due course
  • One aspect which the Council requires to consider now, is the pre-election period (previously referred to as purdah).  Members will be aware that whilst this is not a local government election it is nevertheless a sensitive time and it’s important that the Council and its Officers and Members are mindful of the legal requirement not to use resources for the promotion of a political party or political cause. This legal obligation applies at all times, but there are increased sensitivities and perceptions in the lead up to any election
  • In normal circumstances, the publication of the Notice of Election triggers the commencement of the pre-election period – this is the Notice which precedes the nomination period.  The current Electoral Commission guidance states that the Notice of Election must be published not later than 28 days and not earlier than 35 days before Polling Day i.e. between Monday 16 March and Wednesday 25 March
  • The Scottish Government has published guidance stating the following – 

Scottish Parliament 

  • Previously, Parliament would have been expected to dissolve on 26 March. However, recent changes made to the law provides for the dissolution of Session 6 of the Parliament on 9 April 2026. This will allow the Parliament to be recalled in order to debate and pass emergency legislation if required
  • The Parliament is however expected to move into a ‘pre-election recess’ period on 26 March, and the pre-election restrictions set out in this guidance will apply as normal from that point onwards.

Therefore, the Scottish Government and Scottish Parliament will be working to a pre-election period commencing on 26 March.

  • Following consideration, the Chief Executive, acting as Constituency Returning Officer (CRO), has determined that for East Dunbartonshire, the pre-election period will commence on 16 March, reflecting the first date on which the Notice of Election may be published. The date for publication of the Notice of Election for the Strathkelvin and Bearsden Constituency has not yet been determined. This is due to the dual nature of the election and the need to engage with the Regional Returning Officer (RRO) in relation to the Regional List poll. Officers from the Council’s Election Team will be meeting with the RRO in the next week in order to progress matters
  • Notwithstanding, the CRO is aware that other CROs are publishing their Notice of Election on 16 March. Given that the Scottish Parliament elections are national, it is appropriate in all of the circumstances for the pre-election period to commence on that date
  • The pre-election period will not preclude the Council from carrying out normal, day-to-day business, but it will restrict events that may be perceived to be political e.g. the opening of a new facility or the launching of certain initiatives or consultations etc
  • The pre-election guidance is currently being updated and will be shared with Officers and Members once that review is complete. In addition, detailed guidance will be prepared in relation to enquiries from sitting MSPs and the cut-off date for those.