High Court begins second hearing on petitions against election of state comptroller

The High Court of Justice begins a second hearing on petitions demanding that the election of Michael Rabello as state comptroller be annulled.

Rabello, Prime Minister Benjamin Netanyahu’s long-time lawyer and negotiator, was elected by the Knesset in a controversial election in which several Likud MKs either made their ballot slip visible outside the ballot box or photographed or videoed themselves voting for Rabello, reportedly on the instructions of senior Likud officials.

Petitioners allege that these actions violated the requirement in Basic Law: State Comptroller that the vote by members of Knesset be conducted by secret ballot, and argue that this component of the law was designed to bolster the political independence of the office.

Responding to the petitions, Knesset Legal Adviser Sagit Afik argued that there is no hard evidence that there were any instructions from Likud officials to MKs to record themselves voting, but acknowledged that this would be illegitimate if it happened.

Coalition MK Sharren Haskel of the New Hope party has stated on several occasions, however, that coalition MKs “had been required” to record themselves voting to prove that they voted for Rabello.

The High Court earlier this month strongly recommended that the Knesset redo the election “cleanly and properly” because of the irregularities, but Knesset Speaker Amir Ohana refused, leading the court to issue a conditional order against the Knesset ordering it to explain in a second hearing why the court should not annul the election.

The hearing is being heard by Supreme Court President Isaac Amit, Deputy President Noam Sohlberg, and justices Daphne Barak Erez, Gila Canfy Steinitz, and Ruth Ronen.