Israeli election results could be annulled nationwide if allegations of foreign funding and election bribery are proven to have affected the vote, although such an outcome is considered highly unlikely, according to the legal framework governing election appeals and assessments within the political establishment on Thursday.
Following the directive to investigate suspicions of foreign funding and election bribery, the question arises: what would happen if the integrity of the elections were found to be compromised?
Under Section 86 of the Knesset Elections Law, a legal mechanism allows the annulment of election results and even orders new elections throughout the country. However, the existence of suspicions, or even the discovery of irregularities, does not automatically lead to the annulment of elections.
Furthermore, the Knesset Elections Law, particularly Section 86, does not provide for "automatic disqualification" due to violations of campaign finance laws or the receipt of foreign funding.
The prevailing assessment within the political establishment is that even if the investigation produces significant findings proving election bribery, the chances of annulling the election results nationwide are slim to virtually nonexistent.
Nevertheless, the results could be invalidated and repeat elections held at specific polling stations where proven violations of the law could have affected the outcome.
However, a distinction must be made between the legal and political dimensions. Likud and the Netanyahu bloc launched an election-night campaign to delegitimize any political move involving the Joint List and Ra'am, from forming a minority government to replacing the Knesset speaker. The allegations of election bribery could serve this campaign and give it further momentum.
Under what circumstances can election results be appealed?
The law permits an appeal if the elections as a whole, or voting at a particular polling station, were not conducted legally; if the allocation of votes among candidate lists was incorrect; if Knesset seats were not allocated according to the law; or if votes cast for a particular list were obtained unlawfully.
A central requirement is that the alleged irregularity could have affected the election results.
Who can appeal, and how much time do they have?
Under the law, those entitled to appeal include members of the Central Elections Committee and regional election committees, factions in the newly elected Knesset, MKs, candidate lists that participated in the elections, candidates who appeared on those lists, and the attorney-general.
An appeal must be filed with the Jerusalem Administrative Affairs Court within 14 days of the publication of the election results.
The court may extend the deadline under special circumstances, provided that the reasons for doing so are recorded.
Can the court order new elections nationwide?
Yes. Section 86(d) explicitly states that the court may annul the elections in their entirety or at a particular polling station and order them to be held again on a date determined by the court.
Such a decision would have significant implications, but it is not the only remedy available to the court.
<strong>Can the results be corrected without holding new elections</strong>?
Yes. The law authorizes the court to recalculate the allocation of votes among candidate lists and declare the election results accordingly.
In addition, the court may declare that a particular candidate was not lawfully elected and that another candidate won the seat.
Therefore, a successful appeal does not necessarily require the annulment of the entire election.
Can the court's decision be appealed?
Yes. As a general rule, an appeal may be filed with the Supreme Court on a question of law, subject to obtaining permission from the president of the Supreme Court.
However, if the Administrative Affairs Court annuls the elections nationwide, the law allows the parties specified in the legislation to appeal to the Supreme Court as a matter of right, even if they were not parties to the original proceedings.
In such a case, the appeal will be heard by a panel of five justices or a larger panel consisting of an odd number of justices.
Would an election appeal halt the Knesset's work?
No. Section 86(h) explicitly states that an election appeal will not delay the work of the Knesset.
It further stipulates that the outcome of an appeal will not undermine the validity of decisions already made by the Knesset.
In other words, filing an appeal does not paralyze the Knesset's parliamentary activities, even if a subsequent decision changes the election results or annuls them.
Could suspicions of foreign interference lead to the annulment of the entire election?
Under Section 86 of the Knesset Elections Law, the court has the authority to annul elections nationwide or at specific polling stations and order new elections.
The law permits appeals on several grounds, including claims that votes cast for a candidate list were obtained unlawfully or that the allocation of Knesset seats does not reflect the election results.
However, annulling an election is an exceptional remedy that requires judicial review. The mere existence of suspicions is insufficient to justify canceling the elections.
Follow us on GoogleSource: The Jerusalem Post · ANNA BARSKY
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