Voting rights 2026

With the Scottish Parliamentary Election taking place on 7 May 2026, we have been asked about voting rights for people receiving treatment for mental disorder, including people in hospital and people subject to mental health or incapacity legislation.

The Electoral Commission is the authoritative source of guidance on these issues. This note summarises some of the key points and provides links to further information.

The deadline for registering to vote is 20 April 2026. People can register online or by post. Anyone who is eligible and wishes to vote is encouraged to register in time. 

Most people receiving care and treatment for mental disorder retain the right to vote. This includes voluntary patients and patients detained under civil provisions of mental health legislation. Detention under mental health legislation does not, of itself, remove the right to vote. 

A person’s mental capacity does not determine whether they are eligible to register or vote. However, the decision whether and how to vote must be made by the individual themselves. Carers, welfare attorneys, guardians and others cannot make that voting decision on the person’s behalf. 

Different considerations apply where a person is detained in hospital on criminal grounds. The Electoral Commission’s current guidance states that such a patient may register to vote if they are subject to a temporary compulsion order, or if they are transferred prisoners sentenced to 12 months or less in prison, or the maximum sentence for the offence with which they were charged or convicted was 12 months or less, provided they are not subject to a restriction order. Where there is more than one offence, the maximum sentences must be added together. 

Patients in hospital may register using the address where they would be living if not detained, an address where they formerly lived, or, in some circumstances, the hospital address. The Electoral Commission has also highlighted that those newly enfranchised under the 2025 Remedial Order cannot vote in person and should instead arrange a postal or proxy vote. 

If there is uncertainty in an individual case, the safest course is to refer to the Electoral Commission’s current guidance and, where necessary, the relevant Electoral Registration Officer.