The bills that could rewrite Israel's election rules: from barring Arab candidates to splitting the AG role
The Knesset summer session began Sunday, and Netanyahu's lawmakers already try to influence this year's election
Haaretz
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The Knesset summer session began Sunday, and Netanyahu's lawmakers already try to influence this year's election
Less than six months before the next general election, Benjamin Netanyahu's governing coalition has been accused of believing that it can change the rules of the game on the fly. The Knesset summer session, which began Sunday, will test that thesis.
Prof. Assaf Shapira, head of the political reforms program at the Israel Democracy Institute, distinguishes between bills that could directly or indirectly affect the election.
In the first group, Shapira mentions an amendment to the Basic Law on the Knesset that would make it harder for Arab Israelis to run in elections.
The bill passed in a preliminary vote a year and a half ago and has been discussed in committee in preparation for the first of three Knesset votes it needs to pass. It would significantly expand the grounds for disqualifying a party or candidate.
The bill stipulates that anyone who supports an attack by an unaffiliated assailant against Israel or Israeli citizens will not be allowed to run for the Knesset. Currently, the law only refers to a struggle by a state or terror group.
Naftali Bennett, left, and Yair Lapid announcing their new party last month. One bill could cut the new outfit's funding.Credit: Itai Ron
Naftali Bennett, left, and Yair Lapid announcing their new party last month. One bill could cut the new outfit's funding.Credit: Itai Ron
According to the bill, to disqualify a candidate or party on these grounds, "isolated statements" of support for terror would suffice, as opposed to a "critical mass." Another change is the possibility of disqualifying a party running on a joint slate; in the past, as many as four Arab parties have run on a single ticket.
This bill aims to allow the Central Elections Committee to disqualify a candidate even without the Supreme Court's approval. While the candidate would be able to appeal the committee's decision to the court, the justices would have less discretion against another authority's decision.
Bills That Could Affect This Year's Election
Easing the disqualification of candidates over 'support for terrorism,' potentially excluding Arab candidates Passed in a preliminary vote
Decreasing the funding of new parties ('the Bennett Law') Approved by the Ministerial Committee for Legislation
Splitting the role of the attorney general Passed in a preliminary vote
Increasing the police's purview in investigating suspicions of incitement to terrorism Passed in the first of three votes
The Knesset's legal adviser notes "the delicate balance between protecting Israel's existence as a Jewish and democratic state and the need to allow the freest possible competition."
Another bill has been dubbed "the Bennett Law" after former Prime Minister Naftali Bennett. This legislation stipulates that the head of a defunct party will have to cover its debts to the state before receiving funding for his or her new party.
"Although the bill addresses a real problem, it doesn't deal with it broadly," Shapira says. "It's clear that it was tailor-made against Bennett and, to a lesser extent, Yair Golan, and would severely harm their election funding, though the debt problem affects almost all parties."
A polling station in the 2015 election. Government lawmakers will probably move to keep such stations out of assisted living centers.Credit: Moti Milrod
A polling station in the 2015 election. Government lawmakers will probably move to keep such stations out of assisted living centers.Credit: Moti Milrod
This legislation has received the support of the Ministerial Committee for Legislation but has not yet come up for a preliminary vote.
Ostensibly, the governing coalition could act quickly and advance these two bills for second and third votes, but the Supreme Court, responding to a petition as the High Court of Justice, might get in the way and cancel the law on the grounds that it's incomplete.
Bills to lower the voting age to 17 from 18 and to reduce the 3.25 percent electoral threshold are also in play; they can be pulled out based on the coalition parties' electoral interests. But the chances of such significant changes passing before the election and getting by the Supreme Court are considered particularly low.
Other bills currently under discussion could influence the election, even if that's not their direct purpose. The first is the legislation to split the role of the attorney general, which passed in a preliminary vote and which the chairman of the Knesset Constitution, Law and Justice Committee, Simcha Rothman, is diligently promoting.
The committee has discussed the bill more than 30 times in preparation for a first vote – five times during the war with Iran. Rothman has declared that he intends to apply the split to the current attorney general, Gali Baharav-Miara; she would retain her powers as head of the prosecution but lose her authority to advise the government and determine which laws are binding on it.
"If the attorney general isn't authorized to represent the government and express a professional opinion on issues concerning the approval and disqualification of tickets or candidates, election campaigning and claims of fraud ... the danger to elections' integrity is clear," Shapira says.
He adds that despite Rothman's declaration, it's unclear if such a law would be applied immediately. The Knesset's legal adviser warned that splitting the attorney general's job would erode the official's ability to protect the public interest and turn him or her into a government loyalist.
Mansour Abbas, head of the United Arab List party. The government is throwing around the term "armed struggle."Credit: Oren Ben Hakoon Mansour Abbas, head of the United Arab List party. The government is throwing around the term "armed struggle."Credit: Oren Ben Hakoon
Another bill that might indirectly affect the election aims to amend the offense of incitement to terror and allow the police to investigate suspected incitement without the state prosecutor's approval.
The bill would also add a new incitement offense: publishing identification with a person who killed people in a terror act. To prove this offense, a reasonableness test would not be required, only proof that the words were published "with the intent to identify with the act."
The bill has already been approved by the Constitution, Law and Justice Committee for second and third votes in the Knesset. Shapira believes that beyond concerns about eroding freedom of expression, during an election period, concerns increase that investigations might be opened to "prove" that a certain candidate supports terror, disqualifying him or her from running.
Apart from these bills already in progress, Shapira believes that a surprise is in store regarding election funding. "Before the election, temporary provisions [temporary legislation valid only for the upcoming election] might be passed that would increase party funding and allow for lenient loan repayment terms," he says.
"Such bills were passed before previous election campaigns because incumbent parties have a clear interest in passing them – they're the main ones that benefit, especially the largest parties."
Another issue is a temporary provision for establishing special polling stations. In the last two election campaigns, polling stations were set up at assisted living facilities, a move that largely served the opposition, so it's not expected to be repeated.
Another question concerns the establishment of special polling stations for evacuees from the north, which would allow them to vote in their current place of residence. If the Knesset doesn't approve this, voter turnout among the evacuees could fall.
