High Court rules state comptroller election violated ballot secrecy, must be held again
In the latest clash between the branches of government in Israel, the High Court of Justice ruled unanimously on Thursday that the vote in the Knesset last month in which Michael Rabello was elected state comptroller, was invalid due to violations of the legal obligation to hold the election by secret ballot since six Knesset members filmed their vote.
The move sparked calls from Likud MKs to ignore the court, a move that would push Israel even closer to a constitutional crisis. Rabello, himself, was reportedly loathe to cross the court, fearing for his legal future.
The court ruled that the Knesset must therefore hold a new election for the state comptroller position.
Prime Minister Benjamin Netanyahu backed Rabello’s candidacy. Rabello has worked for the premier and his family as a private lawyer on numerous occasions, served as a negotiator for Netanyahu in coalition negotiation, and represented him in the High Court.
Writing the principle ruling, Deputy President Noam Sohlberg detailed how the secrecy of the ballot cannot be compromised; how at least six MKs violated the secrecy requirement by filming their vote; and how there was a “real possibility” that such violations tipped the balance of the vote in favor of Rabello.
Responding to claims by the coalition that videoing the vote did not violate the secret ballot, Sohlberg said that even a child could recognize that such actions mean that the vote was not secret.
Opposition MKs immediately welcomed the decision, and called on Knesset Speaker Amir Ohana to call a new election as quickly as possible.
Several Likud MKs called on the Knesset to defy the ruling, a move that would create a constitutional crisis if Rabello were to try to take up the position regardless of the court ruling.
Rabello, however, has no intention of taking office without a new Knesset vote, even if the government defies the ruling and refuses to hold one, Channel 12 reported, citing sources close to him.
According to the report, Rabello, a leading lawyer, has made clear he will not assume a post clouded by questions over the legality of his election. The network said he also hopes to be appointed to the Supreme Court one day and would not want to jeopardize that possibility or expose himself to disciplinary action against his law license.
Channel 12 also reported that Rabello spoke with coalition leaders this afternoon and........
