High Court of Justice Rejects Petition by Israelis Abroad Because It Was Filed Late
The High Court of Justice dismissed the petition at the outset, without considering its merits. It was filed by 100 Israeli citizens living abroad whose names had been removed from the voter register. The Court ruled that the petition had been filed far too late to allow a full hearing before preparation of the final voter register.
Key facts
- •Court: High Court of Justice
- •Decision date: September 2, 2026
- •Petitioners: 100 Israeli citizens abroad
- •Petition filing date: August 27, 2026
- •Proceeding number not stated in the source
- •Legislation: Elections Law; Basic Law: The Knesset
Why Were the Citizens Removed from the Register?
Israelis living abroad discovered that code 51—termination of Israeli resident status—had been assigned to them in the Population Registry, and their names were therefore not included in the voter register. The petitioners argued that they had not requested a change in their status, had received no notices, and had been unable to object. The Ministry of the Interior stated that this code is assigned only to citizens who informed the registration clerk of their departure and asked no longer to be considered residents.
Why Was the Petition Rejected?
The petition was filed on August 27, 2026—one week before preparation of the final voter register. Justices Yechiel Kasher, Yael Vilner, and David Mintz held that the timeframe did not allow the constitutional arguments to be properly considered and that changes to the register could disrupt preparations for the elections. The Court also noted that the petitioners had not used the objection procedure prescribed by law and had not provided individual information about the circumstances in which code 51 was assigned to each of them.
The Constitutional Question Remained Open
The petitioners pointed to a contradiction between the Elections Law, which provides that a citizen registered as a resident is included in the register, and Basic Law: The Knesset, which enshrines every adult citizen’s right to vote without a residency requirement. The Court did not rule on this dispute and did not determine the circumstances in which code 51 was assigned to each petitioner. Justice Kasher described the potential infringement of the constitutional right to vote as an important issue and noted the possibility of filing a new petition after the elections; Justice Mintz did not expressly endorse stating that this possibility existed, in light of his position regarding the Court’s authority to strike down laws.
Implications of the Decision
The petitioners and other citizens abroad whose names were removed from the register for the same reason will be unable to vote in the upcoming elections. According to Central Elections Committee data, the residency status of 396 citizens was revoked during the years 2018–2026, but the total number of people whose names were removed is unknown. The decision does not conclusively determine whether a citizen’s right to vote may be conditioned on being registered as a resident of Israel.
What this means for you
For now, citizenship alone does not guarantee inclusion in the voter register if a person is no longer registered as a resident of Israel in the Population Registry. The Court emphasized the practical importance of checking registration by the prescribed deadline and using the designated procedure to correct it, although it did not rule that citizens are obligated to conduct such a check. The constitutional question concerning these citizens’ right to vote may be considered in the future.
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