The Israeli High Court of Justice ruled unanimously on Thursday to invalidate the Knesset’s appointment of attorney Michael Rabello as state comptroller, citing a “fundamental defect” in the secrecy of the ballot. The five-judge panel ordered a new election, leaving the position vacant starting Sunday, as the court’s ruling did not provide for an extension of current comptroller Matanyahu Englman’s term.
Why the High Court annulled the vote
The court’s decision follows a series of petitions, including those from Yesh Atid and the Movement for Quality Government in Israel, which challenged the June 3 election process. According to the court, the ballot failed to maintain necessary secrecy, a standard required for the appointment. During the second round of voting, opposition lawmakers alleged that coalition MKs were instructed to film or photograph their ballots behind the curtain. Petitioners argued that this documentation effectively turned a secret ballot into a loyalty test, potentially coercing lawmakers’ votes. The court had previously suggested a new vote to resolve the dispute, but Knesset Speaker Amir Ohana rejected the proposal, leading the court to issue a conditional order for the Knesset, Rabello, Likud, and Prime Minister Benjamin Netanyahu to justify the result.
Arguments from the defense
Those supporting the appointment, including Rabello, the Knesset, Likud, and Prime Minister Netanyahu, maintained that the election process was sound. According to their legal arguments, there was no proof that MKs were coerced or instructed to document their votes, and they asserted that no specific rule barred lawmakers from voluntarily recording their own ballots. Additionally, Rabello denied that his professional ties to Netanyahu, Likud, the Prime Minister’s Office, and ministers created a conflict of interest, arguing that any such issues could be managed through an arrangement once he assumed the role.
What happens next
The Knesset is now required to hold a new election for the position of state comptroller. Because the court’s ruling did not address the tenure of the current comptroller, Matanyahu Englman, the office will be left without a sitting official beginning this Sunday. Opposition leader Yair Lapid praised the court’s intervention, stating, “Our petition saved not only the dignity of the Knesset, but also the institution of the state comptroller. We will continue to safeguard the rule of law and ensure that the State of Israel remains a democracy.” The ruling concludes a selection process that saw an initial round on June 3 end without a winner, as retired Supreme Court justice Yosef Elron received 60 votes and Rabello received 57, both falling short of the required 61-vote majority.