The Supreme Court of Justice of Israel has unanimously annulled the practice by which delegates from different political formations —including Likud, led by Prime Minister Benjamin Netanyahu— took note of which voters went to vote on election day. The court has also prohibited any use of that data and has rendered ineffective a previous resolution of the Central Electoral Commission that had authorized this system.
"I reiterate and clarify that, in the absence of an express legal authorization, it is not permitted for party representatives at polling stations to transmit to their formations information related to the exercise of the right to vote of a person," wrote Judge Yael Willner in the ruling, reported by the newspaper 'The Times of Israel.'
In her resolution, Willner, supported by judges Alex Stein and Chaled Kabub, argues, based on existing doctrine, that when an administrative action conflicts with a fundamental right recognized by law, it can only be carried out if there is a specific norm that enables it, something that, she emphasizes, does not occur in this case.
The magistrate has also emphasized that the fact that this method of information collection has been repeated in several electoral processes does not make it acceptable from a legal standpoint and that such "custom" does not replace the requirement of a law that supports it.
With this ruling, the high court invalidates the decision made earlier this month by the Central Electoral Commission, which had approved this method. Since at least 2020, several parties, particularly Likud and various ultra-Orthodox formations, have used the data collected by their representatives at polling stations to identify potential supporters who had not yet cast their vote and call them to encourage them to go to the polls.
Criticism from the Minister of Justice regarding the court's decision
The resolution has provoked a strong reaction from the Minister of Justice, Yariv Levin, who, despite his rejection, has assured that the ruling will encourage right-wing voters to show up "en masse" at the polling stations on election day.
"The magistrates of the Superior Court know that the elections revolve around who will appoint ten judges of the Supreme Court in the next Government: whether it will be me, as Minister of Justice in a Netanyahu Government, or a Minister of Justice in a Government of Yair Golan, (Mansur) Abbas and (Ahmad) Tibi," he argued, referring to the leaders of the leftist formation The Democrats, the conservative Arab Joint List, and the left Arab Ta'al.
In this line, he accused the judges of "trying to halt the gears of change that have already begun to turn and prevent us from completing the reform," referring to the reform proposed in January 2023 by the Prime Minister to cut the powers of the judiciary. "For them, any means is legitimate as long as it influences the electoral results," Levin stated.