Although the country is on the eve of elections, the plenary of Parliament decided, exceptionally, to amend the electoral law last Thursday, following a unanimous recommendation by the House Interior Committee. The decision came after the Elections Service warned that if Fidias Panayiotou accepts a parliamentary seat, it would be unable to conduct elections to fill his MEP seat within the 45‑day timeframe stipulated by law – that is, within July.
According to the Elections Service, if Panayiotou opts to remain an MP – his election as such is regarded as certain based on opinion polls – current law requires a repeat election within 45 days to fill the vacated MEP position. This would mean setting up polling stations with ballot boxes across the Republic of Cyprus within that timeframe at an estimated cost of €6 million.
The Elections Service made it clear to the Interior Committee’s MPs that it would not be able to meet the 45‑day deadline. It also warned that if elections were held in the height of summer, there could be little interest in staffing polling centres, especially since school buildings used as polling stations do not have air‑conditioning.
From 45 to 120 days
Given these circumstances, the plenary unanimously agreed last Thursday to amend the electoral law so that a vacated parliamentary or European Parliament seat must be filled within 60 days. If the Interior Minister deems that practical or special reasons justify it, this period may be extended to 120 days.
The two scenarios for Fidias
MEP Fidias Panayiotou – expected to be elected to Parliament in the coming May elections on the Direct Democracy Cyprus ticket – will need to decide which of his two seats he will keep. Specifically:
· If he chooses to remain an MEP, the parliamentary seat he wins will go to the first runner‑up in the Nicosia district from the Direct Democracy Cyprus list.
· If he chooses the parliamentary seat, the MEP seat becomes vacant and elections must be held. Why elections? Because Panayiotou won his MEP seat as an independent candidate. There is therefore no runner‑up, making a by‑election necessary to select a new MEP.
If Panayiotou had been elected MEP with a party, no by‑election would be required; the seat would automatically pass to that party’s first runner‑up.
Elections in October instead of July
The most likely scenario is that Panayiotou remains an MEP. However, if he ultimately chooses the parliamentary seat, he has every right to do so. In that case—and given last Thursday’s amendment – the repeat election to fill the MEP seat would take place in October.
Parliamentary elections will be held on 24 May, and the swearing‑in ceremony for MPs in early June. Under the new law, repeat elections may take place within 120 days – meaning no later than early October.
The bills that were not passed
Last December, the Elections Service submitted two amendment bills proposing that when the seat of an independent MEP or MP becomes vacant, a by‑election should not be required. Instead, the seat would be filled through the second allocation system.
The proposed change was prompted by Panayiotou’s unique case as an independently elected MEP. Under current law, if his seat becomes vacant – through resignation or death – a repeat election is required. This translates into an estimated €6 million cost for the state to staff and operate polling stations across Cyprus and abroad.
According to the Interior Ministry, the current provision requiring a full repeat election to fill a single independent seat is disproportionate to its purpose, given the heavy administrative and financial burden on the state, political parties participating in the process, and ultimately taxpayers.
Deemed tailor‑made
The two amendment bills were not advanced for a vote, as a majority of MPs on the Interior Committee considered them tailor‑made. Beyond the fact that the amendment clearly related to Panayiotou’s case, the proposed changes would have resulted in his European Parliament seat – if vacated – being allocated to EDEK through the second distribution.
The Interior Ministry rejected accusations of tailoring, arguing that it is unreasonable for the state to incur a €6 million cost to fill a single European Parliament seat. In the case of a vacated parliamentary seat held by an independent MP, the cost would be smaller – around €1 million – since elections would be held only in the relevant district.