Full Breakdown
Supreme Court to Hear Disqualification Cases Ahead of Oct 27 Election
By Drooid · · How we work
Core Event
Israel’s Supreme Court will hold two hearings before the same nine-justice panel on Thursday to consider the Central Elections Committee’s decisions to bar Balad chairman Sami Abu Shehadeh, MK Ofer Cassif, and the Joint List from the upcoming Oct 27 election. The committee’s votes were 31-4 to disqualify Abu Shehadeh, 19-5 (with two abstentions) for Cassif, and 18-5 (with one abstention) for the Joint List. A separate decision to bar Ra’am is not part of Thursday’s agenda.
Legal Framework and Committee Rationale
Disqualifications rely on Section 7A of the Basic Law: the Knesset, which permits barring candidates who deny Israel as a Jewish and democratic state, incite racism, or support armed struggle against Israel. Likud’s petition against Cassif cites his calls for international sanctions and the release of Marwan Barghouti as evidence of negating the state’s character. Otzma Yehudit’s case against Abu Shehadeh centers on an op-ed he wrote on Oct 7 2023 (published the next day) that described the Hamas attack in strategic terms. The Attorney-General Gali Baharav-Miara said the evidence met the threshold for Abu Shehadeh but fell short of the “stringent legal threshold” for Cassif and the Joint List.
Officials’ Positions
Attorney-General Baharav-Miara opposed Cassif’s and the Joint List’s disqualification, arguing the evidence did not satisfy the required standard. Regarding Abu Shehadeh, her office indicated the material provided a basis for disqualification, though it stopped short of a formal recommendation. Prof. Barak Medina of the Hebrew University emphasized that Section 7A is “preventive, not punitive” and requires “clear, convincing and unequivocal evidence” of a dominant prohibited position.
Potential Impact on Arab Voter Participation
Speakers at a briefing organized by the Carmel Forum and Adalah – The Legal Center for Arab Minority Rights in Israel warned that the campaign could intimidate Arab voters, making participation feel “dangerous.” He also cautioned that monitoring measures at polling stations could further deter turnout.
Verbatim Quotes
- “It might tell them that your vote is worth nothing. Your candidates are worth nothing.” — Muhammad Dahleh, attorney
- “It is aimed at preventing risks in the future.” — Prof. Barak Medina