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Right To Vote Extended In Scotland

21st February 2020

Photograph of Right To Vote Extended In Scotland

The right to vote in Scottish Parliament and local government elections has been extended today, with the passing of the Scottish Elections (Franchise and Representation) Bill.

The Bill extends voting rights to all foreign nationals with leave to remain, including all those granted refugee status.

It also extends candidacy rights to foreign nationals with indefinite leave to remain, and to those with pre-settled status.

This also marks the first time in the history of the Scottish Parliament that a Bill has passed after requiring a super-majority, the support of two thirds of the 129 members elected.

Cabinet Secretary for the Constitution, Europe and External Affairs Michael Russell said:

"This Bill, a historic piece of legislation, is an example of Scotland's ability to take the lead in making progressive reforms, and one of which we should be proud.

"It also reflects the reality of modern Scotland: a nation committed to robustly meeting our duties to the treaties that safeguard our human rights, that welcomes those who seek to join our society, and gives a democratic voice to the most marginalised in our communities.

"EU and Commonwealth citizens already have the franchise, but it was critical that we recognised the enormous contribution of others by extending the right to vote.

"This extension is especially meaningful in the atmosphere of uncertainty surrounding the UK Government's plans for the immigration system - but instead of instilling insecurity and fear, this Government is using the powers that it has to send the message that Scotland is open, welcoming, and home to all those who so choose.

"This legislation also ensures that Scotland complies with the European Convention on Human Rights when it comes to the issue of prisoner voting, by making provision for the franchise to be extended to those serving a custodial sentence of 12 months or less."

Voting Age In Scotland

The Representation of the People Act 1969 lowered the voting age from 21 to 18, with effect from 1970 and remained in force until the Scottish Independence Referendum Act 2013 which allowed 16 year olds to vote for the first time, but only in Scotland and only in that particular referendum. The Scottish Parliament reduced the voting age to 16 for its own and Scottish local elections in 2015.

Election System for Scottish Parliament

The total number of Members of the Scottish Parliament (MSPs) elected to the Parliament is 129.

The First Periodical Review of the Scottish Parliament's constituencies and regions by the Boundary Commission for Scotland, was announced on 3 July 2007. The Commission published its provisional proposals for the regional boundaries in 2009.

The Scottish Parliament uses an Additional Members System, designed to produce approximate proportional representation for each region. There are 8 regions, each sub-divided into smaller constituencies. There are a total of 73 constituencies. Each constituency elects one MSP by the plurality (first past the post) system of election. Each region elects 7 additional MSPs using an additional member system. A modified D'Hondt method, using the constituency results, is used to elect these additional MSPs.

The Scottish Parliament constituencies have not been coterminous with Scottish Westminster constituencies since the 2005 general election, when the 72 former UK Parliament constituencies were replaced with a new set of 59, generally larger, constituencies (see Scottish Parliament (Constituencies) Act 2004). The boundaries used for the Scottish Parliament elections were then revised for the 2011 election. The Boundary Commission also recommended changes to the electoral regions used to elect "list" members of the Scottish Parliament, which were also implemented in 2011.

Voting Rights History in UK

From 1265, a few percent of the adult male population in the Kingdom of England (of which Wales was a full and equal member from 1542) were able to vote in parliamentary elections that occurred at irregular intervals to the Parliament of England.[87][88] The franchise for the Parliament of Scotland developed separately. King Henry VI of England established in 1432 that only owners of property worth at least forty shillings, a significant sum, were entitled to vote in an English county constituency. The franchise was restricted to males by custom rather than statute.[89] Changes were made to the details of the system, but there was no major reform until the Reform Act 1832.[nb 3] A series of Reform Acts and Representation of the People Acts followed. In 1918, all men over 21 and some women over 30 won the right to vote, and in 1928 all women over 21 won the right to vote resulting in universal suffrage.[91]

Reform Act 1832 - extended voting rights to adult males who rented propertied land of a certain value, so allowing 1 in 7 males in the UK voting rights.

Reform Act 1867 - extended the franchise to men in urban areas who met a property qualification, so increasing male suffrage.

Representation of the People Act 1884 - addressed imbalances between the boroughs and the countryside; this brought the voting population to 5,500,000, although 40% of males were still disenfranchised because of the property qualification.

Between 1885 and 1918 moves were made by the women's suffrage movement to ensure votes for women. However, the duration of the First World War stopped this reform movement.

Representation of the People Act 1918 – the consequences of World War I persuaded the government to expand the right to vote, not only for the many men who fought in the war who were disenfranchised, but also for the women who worked in factories, agriculture and elsewhere as part of the war effort, often substituting for enlisted men and including dangerous work such as in munitions factories. All men aged 21 and over were given the right to vote. Property restrictions for voting were lifted for men. Votes were given to 40% of women, with property restrictions and limited to those over 30 years old. This increased the electorate from 7.7 million to 21.4 million with women making up 8.5 million of the electorate. Seven percent of the electorate had more than one vote, either because they owned business property or because they were university graduates. The first election with this system was the 1918 general election.

Representation of the People Act 1928 – equal suffrage for women and men, with voting possible at 21 with no property restrictions.

Representation of the People Act 1948 – the act was passed to prevent plural voting in parliamentary elections.

Representation of the People Act 1969 – extension of suffrage to those 18 and older, and abolition of plural voting in local government elections.