Israeli Central Elections Committee
Encyclopedia
The Israeli Central Elections Committee is the body charged under the Knesset Elections Law
of 1969 to carry out the elections for the upcoming Knesset
. The committee is composed of Knesset members (and delegates) representating various parliamentary groups and is chaired by a Supreme Court Justice. Tasks for the committee include the authorization of party lists running for the Knesset, election financing, and publication and appeals of election results.
, or supported the armed struggle of an enemy state or terrorist organization against the state of Israel. The first provision, dealing with the existence of Israel as a Jewish state, has been the most controversial since it is possible that parties favoring a one-state solution could be banned under it.
(PLP) and the Kach Party
in 1988. The former was banned for allegedly negating the existence of Israel as a Jewish and democratic state; the later party was banned because of incitements to racism. The Supreme Court of Israel
sustained the ban against Kach, but overturned the ban on the PLP reasoning that it was impossible to determine that "the real, central and active purpose [of the list] is to bring about the elimination of the State of Israel as the state of the Jewish people".
MK Michael Eitan
initiated a move to ban the Ta'al Party
from participating in that year's Knesset elections. MK Michael Kleiner
, the leader of the right-wing Herut
Party, initiated a similar move against the Balad Party
, arguing that Balad was "a cover-up for illegal activity" and that it "supports terror organizations, identifies with the enemy and acts against Israel as a Jewish and democratic state."
The Central Election Committee proceeded to vote by a one-vote majority to disqualify Balad and Ta'al lists from the elections. Supreme Court Justice Michael Cheshin, who chaired the committee, voted against the ban, stating that there was insufficient evidence to sustain the claims against the parties and individuals within those parties, but also said that Balad's leader Azmi Bishara's past expressions of support of the militant pro-Iranian Hezbollah in Lebanon had angered him.
The bans were appealed to the Israeli Supreme Court, where the Court unanimously overturned the bans on the Ta'al
list and party leader Ahmad Tibi
. The Court also overturned the ban on Balad and party leader Azmi Bishara
by a 7-4 majority.
—Ta'al, from participating in the February elections. The vote passed 26-3 with one abstention to ban Balad from the elections and 21-3 with eight abstentions to disqualify UAL—Ta'al.
The measure was proposed by the far right National Union
and Yisrael Beiteinu parties, who accused Balad and UAL—Ta'al of supporting terrorism and failing to recognise Israel as a democratic Jewish state. Yisrael Beitenu chairman Avigdor Lieberman, stated that "The next step is to declare Balad illegal because it's a terror organisation that seeks to hurt Israel."
The leaders of the Arab parties denied the charges and appealed the decision to the Supreme court. Tibi described the vote as "a political trial led by a group of fascists and racists who are willing to see the Knesset without Arabs and want to see the country without Arabs." Jamal Zahalka
, chairman of Balad, warned that the decision would lead to a deeper crisis between Israel's Jewish and Arab citizens.
On 21 January 2009, the Supreme Court revoked the ban.
Knesset Elections Law
Knesset Elections Law is crucial legal document governing the process of elections in the Israeli parliament or the Knesset.The law was created in 1958 and updated in 1987.-References:* *...
of 1969 to carry out the elections for the upcoming Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
. The committee is composed of Knesset members (and delegates) representating various parliamentary groups and is chaired by a Supreme Court Justice. Tasks for the committee include the authorization of party lists running for the Knesset, election financing, and publication and appeals of election results.
1985 Amendments
In 1985, the Knesset approved a law which, for the first time, allowed the committee to disqualify a party list on the grounds of its ideological platform. The law allowed the committee to bar parties from elections that negate the existence of Israel as a Jewish and democratic state, made incitements to racismRacism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, or supported the armed struggle of an enemy state or terrorist organization against the state of Israel. The first provision, dealing with the existence of Israel as a Jewish state, has been the most controversial since it is possible that parties favoring a one-state solution could be banned under it.
1988 Party Bans
The committee decided to ban the Progressive List for PeaceProgressive List for Peace
The Progressive List for Peace was a left-wing political party in Israel formed from an alliance of both Arab and Jewish left-wing activists.-History:...
(PLP) and the Kach Party
Kach
Kach is town and union council of the Ziarat District in the Balochistan province of Pakistan. It is located at 30°26'2N 67°19'27E and has an altitude of 2020m ....
in 1988. The former was banned for allegedly negating the existence of Israel as a Jewish and democratic state; the later party was banned because of incitements to racism. The Supreme Court of Israel
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
sustained the ban against Kach, but overturned the ban on the PLP reasoning that it was impossible to determine that "the real, central and active purpose [of the list] is to bring about the elimination of the State of Israel as the state of the Jewish people".
2003 Party Ban Controversy
In 2003, LikudLikud
Likud is the major center-right political party in Israel. It was founded in 1973 by Menachem Begin in an alliance with several right-wing and liberal parties. Likud's victory in the 1977 elections was a major turning point in the country's political history, marking the first time the left had...
MK Michael Eitan
Michael Eitan
Michael Eitan is an Israeli politician, Minister of Improvement of Government Services and member of the Knesset for Likud. He served as Minister of Science & Technology between July 1997 and July 1998. Alongside Binyamin Ben-Eliezer, Eitan is the joint longest-serving MK, and as such was...
initiated a move to ban the Ta'al Party
Ta'al
Ta'al is an Israeli Arab political party in Israel led by Ahmad Tibi.-History:Ta'al was founded by Tibi in the mid 1990s. It ran in the 1996 elections under the name Arab Union, but won only 2,087 votes . For the 1999 elections it ran as part of the Balad list. Tibi won a seat, and broke away from...
from participating in that year's Knesset elections. MK Michael Kleiner
Michael Kleiner
Michael Kleiner is an Israeli politician and leader of Herut – The National Movement.He first entered the Knesset in 1981 as a Likud parliamentarian but, upon then Prime Minister Benjamin Netanyahu relinquishing Hebron to the Palestinian Authority, Kleiner split off from the Likud along with Benny...
, the leader of the right-wing Herut
Herut
Herut was the major right-wing political party in Israel from the 1940s until its formal merger into Likud in 1988, and an adherent of Revisionist Zionism.-History:...
Party, initiated a similar move against the Balad Party
Balad (Israel)
Balad is an Israeli Arab political party in Israel led by Jamal Zahalka. It is sometimes called the "National Democratic Alliance".- Ideology :...
, arguing that Balad was "a cover-up for illegal activity" and that it "supports terror organizations, identifies with the enemy and acts against Israel as a Jewish and democratic state."
The Central Election Committee proceeded to vote by a one-vote majority to disqualify Balad and Ta'al lists from the elections. Supreme Court Justice Michael Cheshin, who chaired the committee, voted against the ban, stating that there was insufficient evidence to sustain the claims against the parties and individuals within those parties, but also said that Balad's leader Azmi Bishara's past expressions of support of the militant pro-Iranian Hezbollah in Lebanon had angered him.
The bans were appealed to the Israeli Supreme Court, where the Court unanimously overturned the bans on the Ta'al
Ta'al
Ta'al is an Israeli Arab political party in Israel led by Ahmad Tibi.-History:Ta'al was founded by Tibi in the mid 1990s. It ran in the 1996 elections under the name Arab Union, but won only 2,087 votes . For the 1999 elections it ran as part of the Balad list. Tibi won a seat, and broke away from...
list and party leader Ahmad Tibi
Ahmad Tibi
Ahmad Tibi is an Arab-Israeli politician and leader of Ta'al , an Arab party in Israel. He currently serves as Deputy Speaker of the Knesset. He was elected on a joint ticket with the United Arab List to serve in Israel's parliament, the Knesset...
. The Court also overturned the ban on Balad and party leader Azmi Bishara
Azmi Bishara
Azmi Bishara , a former member of the Knesset, the Israeli parliament, is a Palestinian intellectual, academic, politician, and writer.In 2007, Bishara fled Israel and resigned from the Knesset after being questioned by police on suspicion of aiding and passing information to the enemy during...
by a 7-4 majority.
2009 Party Bans
On 12th January 2009 the Committee voted to ban two Arab political parties, Balad and the United Arab ListUnited Arab List
The United Arab List , commonly known in Israel by its Hebrew acronym Ra'am , is a political party representing and supported by Israeli Arabs...
—Ta'al, from participating in the February elections. The vote passed 26-3 with one abstention to ban Balad from the elections and 21-3 with eight abstentions to disqualify UAL—Ta'al.
The measure was proposed by the far right National Union
National Union (Israel)
The National Union is an alliance of nationalist political parties in Israel. In the 2009 elections the National Union consisted of four parties: Moledet, Hatikva, Eretz Yisrael Shelanu, and Tkuma.-Background:...
and Yisrael Beiteinu parties, who accused Balad and UAL—Ta'al of supporting terrorism and failing to recognise Israel as a democratic Jewish state. Yisrael Beitenu chairman Avigdor Lieberman, stated that "The next step is to declare Balad illegal because it's a terror organisation that seeks to hurt Israel."
The leaders of the Arab parties denied the charges and appealed the decision to the Supreme court. Tibi described the vote as "a political trial led by a group of fascists and racists who are willing to see the Knesset without Arabs and want to see the country without Arabs." Jamal Zahalka
Jamal Zahalka
Dr Jamal Zahalka is an Israeli Arab who serves as a member of the Knesset representing the democratic Balad party. He is a Balad party leader.-Background:...
, chairman of Balad, warned that the decision would lead to a deeper crisis between Israel's Jewish and Arab citizens.
On 21 January 2009, the Supreme Court revoked the ban.