How the SNP will elect a new leader after Nicola Sturgeon’s resignation

The SNP is set to hold its first leadership election in almost two decades after Nicola Sturgeon announced her resignation on Wednesday morning. 

Ms Sturgeon said she had already asked the SNP to begin the process of electing a new party leader, but that she would “remain in office until my successor is elected”. 

A new leader is expected to be announced within the next six to eight weeks after a vote by party members, in a race in which the SNP’s push for independence will take centre stage. 

Kate Forbes, the party’s finance secretary, and Angus Robertson, the party’s former Westminster leader, are seen as early frontrunners.

Here, The Telegraph takes a look at how the new SNP leader will be elected.

How will the SNP elect a new leader? 

The SNP’s constitution states that all leadership candidates must obtain at least 100 nominations from across party members from at least 20 of the party’s local branches in order to stand. 

Where there is more candidate, an election takes place in which all party members are eligible to cast one vote each. This takes place via postal voting.

There was no leadership election in 2014 when Ms Sturgeon became First Minister, as she ran unopposed following the Alex Salmond’s resignation. 

SNP members last voted for a leader in 2004, when Mr Salmond beat John Swinney with more than three-quarters of the vote. Ms Sturgeon withdrew from that race and became the party’s deputy leader. 

Who nominates the new First Minister? 

The new First Minister is nominated for appointment by Members of the Scottish Parliament (MSPs), unlike the Prime Minister who is appointed by the King under the Royal Prerogative.

The Scottish Parliament has 28 days to nominate a successor once a First Minister has tendered their resignation to the King.

While this could in theory be any MSP, Ms Sturgeon’s successor is certain to be taken from the SNP ranks because of the size of their majority at Holyrood, where it has 45 out of 59 seats. In other words, the SNP candidate decided on by the membership will then be formally nominated by the party’s frontbenchers and backbenchers.

The Presiding Officer of the Scottish Parliament invites each candidate to speak in favour of their candidacy. MSPs are then asked to cast their vote – a separate vote is held for every candidate – before the winner is announced.

The successful candidate is elected by a simple majority, who is appointed by the King on the recommendation of the Presiding Officer.

How are they sworn in? 

The new First Minister is sworn in a day or two after their official nomination at the Court of Session in Edinburgh, Scotland’s supreme civil court. They are appointed with a Royal Warrant, a legal document authorised by the King. 

The Lord President of the Court of Session firstly administers the oath of office, or the “official declaration”. They then declare the new leader as Keeper of the Scottish Seal, before administering the declaration of allegiance to the King. 

The new First Minister bows their head in agreement to this declarations with their right hand upheld. 

The First Minister also by custom becomes a member of the Privy Council of the United Kingdom, which advises the King on exercising his prerogative powers. 

When will we know?

The short answer is: We do not know. The details of the leadership race will be decided by the SNP’s national executive committee and have not yet been announced.

Who is likely to take over?

Angus Robertson, Scotland’s Constitution Secretary, is currently the bookmakers’ favourite in the race to succeed Ms Sturgeon.

Mr Robertson formerly led the party at Westminster and is among the most powerful people in the SNP.

However, Kate Forbes, the Finance Secretary, stands out as another potential successor and is due back from maternity leave in the coming weeks.

Ms Forbes has been a rising star within the party since being thrust into the limelight to deliver the Budget in 2020, but is believed to be at odds with the party over a number of social issues, including the push to reform gender laws.

Humza Yousaf, the Health Secretary, may also take a run at the leadership. However, the controversial passage of the Hate Crime and Public Order (Scotland) Act when he was justice secretary and the NHS crisis could dent his chances.

What next for Nicola Sturgeon?

The First Minister will continue as an MSP from the backbenches, at least until the 2026 Holyrood election.

She said that she planned to continue to campaign on criminal justice reforms, improving the experience of young people in care, and Scottish independence.

Ms Sturgeon told reporters: “There are stronger protections for victims of domestic abuse, and Parliament will soon consider legislation to improve access to justice for victims of rape and sexual offences.

“I will be the strongest possible advocate for these reforms from the backbenches.”

In 2021, she told Vogue magazine she would consider becoming a foster parent when her time in office is over.