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Referendums (Scotland) Act 2020

Franchise

Section 4 – Those who are entitled to vote

21.Section 4 provides details of those who can vote in a referendum. The franchise is the same as at local government elections and Scottish Parliament elections which is set out in section 2 of the Representation of People Act 1983. An individual is entitled to vote in a referendum held under this framework if the person meets all the following criteria as at the date of the referendum:

  • aged 16 or over.

  • registered in the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for any area in Scotland.

  • not subject to any legal incapacity to vote (age apart).

  • a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the European Union (defined in schedule 7 as a citizen of the EU who is not also a Commonwealth citizen or a citizen of the Republic of Ireland).

Section 5 – Those who are subject to a legal incapacity to vote

22.This section sets out that a person is subject to a legal incapacity to vote in a referendum if they would be legally incapable under any enactment or rule of law of voting in a local government election held in Scotland on that same date.

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