In win for Netanyahu, High Court says elections panel to decide on campaign HQs’ access to voting info

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

Electoral official arrange ballots in the West Bank settlement of Kiryat Arba during Israeli elections, Tuesday, Nov. 1, 2022. (AP Photo/Tsafrir Abayov)
Electoral official arrange ballots in the West Bank settlement of Kiryat Arba during Israeli elections, Tuesday, Nov. 1, 2022. (AP Photo/Tsafrir Abayov)

The High Court of Justice rules that the entire Central Elections Committee will decide whether or not polling station workers and party-appointed election observers can relay information regarding which voters have cast their ballot to party campaign headquarters during the upcoming election.

CEC Chairman Noam Sohlberg issued a decision last month banning the practice, in use for several election cycles, but the Likud party appealed the decision, arguing that Sohlberg had no authority to make the decision by himself and that the decision severely harmed its preparations for election day campaigning.

Addressing the litigants at the end of a lengthy hearing today, Justice Yael Willner says that the question of who has authority is “difficult” and “not simple,” and that no good answers were offered during the hearing.

She notes, however, that the court backs Sohlberg’s argument that relaying information about who has voted to campaign headquarters harms the right to privacy.

Willner says the CEC, whose members are allocated proportionally from Knesset members according to the size of every Knesset faction, must make its decision as soon as possible.

Given that Likud and the Haredi parties generally make extensive use of voter information on election day, it appears likely that the CEC will decide to allow the practice and overturn Sohlberg’s decision.

That decision itself, however, could be appealed to the High Court.

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