High Court of Justice Considers How to Ensure a Repeat Election for the State Comptroller in the Knesset
The High Court of Justice is considering what remedy to grant following the demand to hold the election for State Comptroller without delay. Law professor Amnon Reichman argues in an opinion column on Ynet that the Court should order the completion of the repeat vote specifically, but the source does not provide a final decision on the issue.
Key facts
- •Court: High Court of Justice
- •Subject: the election for State Comptroller
- •First round: 60 votes out of the 61 required
- •Violation: the vote was photographed by at least six coalition Knesset members
- •Case number and date of the decision: not stated in the source
- •The Court’s final remedy: not stated in the source
Why the Vote Was Found to Be Flawed
According to the article, an expanded panel of the High Court of Justice previously ruled that the secrecy of the ballot had been violated: the Speaker of the Knesset stated that taking photographs behind the voting screen was not prohibited, and at least six coalition Knesset members documented their votes. In the first round, the opposition candidate received 60 votes, while 61 were required for victory. In the second round, the candidate supported by the Prime Minister won; it was alleged that coalition Knesset members were asked to record a video to confirm their choice.
What the Court Previously Ordered
Because of the violation of ballot secrecy, the High Court of Justice ordered the Knesset to repeat the flawed round of the election as soon as possible. According to the author’s account, the Speaker of the Knesset did not comply with the judgment, and the Court has not yet set a specific deadline for the incumbent Knesset. The case number and the date of the previous decision are not stated in the source.
What Is Now in Dispute
The Court is considering the appropriate way to enforce its previous decision. Reichman believes that, also because of the proximity of the Knesset elections, the entire process should not be canceled and the election for State Comptroller restarted: the legal remedy should return the process to the point at which the violation occurred. He further notes that the law requires such an election to be held even during the term of a transitional government, and that the previous judicial order remains in force; the name of the statute is not provided in the article.
The Author’s Position, Not a New Judgment
In Reichman’s view, allowing the process to begin anew would make it possible to benefit from delaying compliance with judicial decisions. He believes that the obligation rests with the Knesset as an institution and, if necessary, will pass to the next Knesset. The source does not report that the High Court of Justice has already adopted this position: it is the author’s opinion regarding the remedy the Court should choose.
What this means for you
The dispute is important to the public because it concerns the binding force of High Court of Justice decisions on the Knesset and the protection of parliamentary ballot secrecy. The remedy selected by the Court will determine whether the process already begun will continue through a repeat of the flawed round, or whether the election for State Comptroller will begin anew. At this stage, the source describes the author’s position, not a new final decision by the Court.
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