High Court of Justice Allows Ra’am, the Joint List and Ofer Cassif to Run in the Elections

What the Court Considered

The Central Elections Committee granted the petitions filed by Likud, Otzma Yehudit and additional petitioners to disqualify the two lists, Ofer Cassif and Sami Abu Shehadeh. The grounds cited were negation of Israel’s existence as a Jewish and democratic state and support for the armed struggle of a terrorist organization.

Why the Lists Were Allowed to Run

All nine justices accepted the appeals by Ra’am and the Joint List and completely overturned the committee’s decisions. The Court relied on the paramount status of the right to vote and be elected, as well as the narrow interpretation of Section 7A of Basic Law: The Knesset. The materials and evidence presented to the committee did not meet the stringent standards required to disqualify an entire list.

The Decision Concerning Ofer Cassif

Ofer Cassif’s candidacy was approved by a vote of seven to two. Justices David Mintz and Alex Stein believed that he should be disqualified for supporting armed struggle. Although all members of the panel strongly condemned Cassif’s actions and statements, the majority did not find a “critical mass” of evidence establishing the exceptional grounds prescribed by law for barring him.

Why the Abu Shehadeh Matter Was Closed

The dispute concerned, among other things, an article published by Sami Abu Shehadeh after the October 7 massacre and his subsequent statements. The justices announced that a majority appeared inclined to approve his disqualification and suggested that he consider withdrawing his candidacy. Abu Shehadeh withdrew from participation in the elections, after which the Court ruled that the proceeding had become moot and dismissed the case.

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