In parliamentary elections, party leaders enjoy two significant privileges.
First, they are placed at the top of the ballot in the electoral district in which they are running, regardless of alphabetical order.
Second, they are elected without preference votes, provided their party secures the required electoral quota, as they are deemed to receive as many preference votes as the total votes cast for the ticket they lead. This is why there is no preference box next to the name of a party leader on the ballot.
With the preparation of the ballots for the parliamentary elections of 24 May, it emerged that not all of the 19 party leaders made use of the two privileges provided by law. In some cases, party leaders chose to be placed at the top of the ballot but opted to seek election through preference votes. In others, leaders did not make use of either privilege. In those instances, they were included on the ballot according to alphabetical order and are contesting a parliamentary seat through preference votes.
Listed below are the 19 parties contesting the elections, along with the privileges their leaders chose to exercise:
Agronomist, Agricultural Labour Party: Party president Andreas Christofi was placed first on the Limassol ballot but chose to seek election through preference votes.
AKEL: The party’s general secretary, Stefanos Stefanou, made use of both privileges. He leads the Nicosia ballot and is elected without preference votes.
AKRO, Left Resistance Communism: Party president Celestina De Petro is the only candidate running for the party in the Nicosia district.
ALMA: Party leader Odysseas Michaelides made use of both privileges. He is placed first on the Nicosia ballot and is elected without preference votes.
Direct Democracy Cyprus: Party president Phidias Panayiotou did not make use of either privilege. He is placed 14th on the party’s Nicosia ballot and requires preference votes to be elected.
Volt: The party has no single president but two co presidents, both of whom require preference votes for election.
DIMAL: Party president Dr Christos Clerides made use of both privileges. He leads the Nicosia ballot and is elected without preference votes.
DIPA: The party is contesting the elections without its president, Marios Karoyian.
DEK: Party president Andreas Themistocleous leads the Limassol ballot but requires preference votes to be elected.
DIKO: Party president Nicolas Papadopoulos made use of both privileges. He leads the Nicosia ballot and is elected without preference votes.
DISY: Party president Annita Demetriou made use of both privileges. She leads the Larnaca ballot and is elected without preference votes.
EDEK: The party is contesting the elections without its president, Nikos Anastasiou.
ELAM: Party president Christos Christou made use of both privileges. He is first on the Nicosia ballot and is elected without preference votes.
Active Citizens, United Cypriot Hunters Movement: Party president Nikolas Prodromou did not make use of the privileges. He is placed sixth on the Famagusta ballot and requires preference votes.
Ecologists Movement, Citizens Cooperation: Party president Stavros Papadouris did not make use of the privileges. He is placed tenth on the Limassol ballot and requires preference votes.
Patriotic Front, Lacedaimonians: All candidates require preference votes.
SIKOU PANO: Party president Sotiris Christou did not make use of the privileges. He is placed third on the Larnaca ballot and requires preference votes.
Green Party: Party president Kyriakos Andreou made use of both privileges. He leads the Nicosia ballot and is elected without preference votes.
Popular Struggle Freedom: Party president Apostolos Apostolou is the only candidate running in the Famagusta district.
Is it unconstitutional?
In a majority ruling delivered in July 2022, the Electoral Court, part of the Supreme Court, rejected an application by a citizen challenging the election of party leaders who secured parliamentary seats without preference votes. The court did not examine the substance of the case, holding that the applicant had failed to sufficiently demonstrate legitimate interest or any adverse impact on his electoral right that would justify judicial review. In short, the application was dismissed on procedural grounds, as the court ruled that there was no legitimate interest, given that the applicant was not a candidate.
Warning from the Ministry of Interior
In a letter dated 9 April 2024 to the chair and members of the House Interior Committee, the Ministry of Interior informed Parliament that following the above court ruling, the opinion of the Law Office was sought on whether, in similar future cases, and where the applicant has legitimate interest, an issue of legality of the election could arise.
According to the ministry, the Legal Service, in its opinion, left open the possibility of annulment of an election. However, it noted that the final outcome cannot be predetermined and would depend on the judgment of the court examining each specific case.
The legislative proposal
It should be noted that a proposal for a law amendment is pending before the House Interior Committee, aiming to require party presidents and leaders of parties or coalitions to be elected to Parliament through preference votes. The proposal bears the signatures of MPs Stavros Papadouris, Zacharias Koulias and Pavlos Mylonas and has been pending discussion since it was submitted on 22 September 2022.
