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Supreme Court Overturns Arab Party Bans as Balad Leader Withdraws from Election

By Drooid · · How we work

Core Event: Court Rulings and Candidate Withdrawal

On Friday, 2 October 2026, Israel’s Supreme Court unanimously rejected the Central Elections Committee’s attempt to bar the Joint List and Ra’am from the 27 October Knesset election. The same panel voted 7-2 against disqualifying Joint List MK Ofer Cassif. In a separate proceeding, the court heard a request to disqualify Balad chairman Sami Abu Shehadeh. After a majority of the nine-justice panel signaled it would likely approve the disqualification, Balad announced that Abu Shehadeh had withdrawn his candidacy, ending the case without a formal ruling.

Background & Context

Disqualification of candidates or lists in Israel is governed by Section 7A of the Basic Law: The Knesset, which permits bans for denying Israel’s identity as a Jewish and democratic state, inciting racism, or supporting armed struggle by an enemy organization. The CEC can recommend bans, but any decision must be approved by the Supreme Court.

The controversy centered on an Arabic-language article Abu Shehadeh published on 8 October 2023, the day after the Hamas onslaught of 7 October 2023. The Attorney-General’s office argued the piece praised Hamas’s “armed struggle,” while defenders said it was an analytical commentary without an explicit call for violence.

Data & Statistics

  • Joint List & Ra’am: 9-0 Supreme Court decision to allow both lists to run.
  • Ofer Cassif: 7-2 majority rejecting the CEC’s disqualification.
  • Arab citizens comprise roughly 20 % of Israel’s 10 million population; polls project 12-14 Arab seats in the 120-member Knesset.

Official Statements & Responses

Supreme Court President Isaac Amit told Abu Shehadeh that the justices “unanimously regarded” his statements as “painful, outrageous and repugnant,” but recommended withdrawal to avoid a formal ruling. The court’s written judgment emphasized that the material submitted to the CEC did not meet the “critical mass” standard required for disqualification.

Attorney-General Gali Baharav-Miara, joined by State Attorney Amit Aisman, maintained that the October 8 article satisfied the legal threshold for disqualification on the armed-struggle ground, describing it as “exceptionally grave” evidence.

CEC chairman Noam Sohlberg ruled that National Security Minister Itamar Ben Gvir had violated election law by using a prison-video campaign, ordering the video’s removal and imposing a NIS 10,000 fine on the minister and his party Otzma Yehudit.

Conflicting Reports & Gaps

Sources differ on the exact CEC vote count for Abu Shehadeh’s disqualification (30-4 vs. 31-4). The Supreme Court’s summary noted only that a majority leaned toward approval and did not publish a detailed rationale for the unanimous overturn of the Joint List and Ra’am bans, leaving the precise legal analysis of the “critical mass” standard opaque.

Verbatim Quotes

*Content removed for brevity.*

What’s Next

The Joint List and Ra’am will appear on the ballot for the 27 October election, while Balad will run without its top candidate. Observers note that the court’s handling of the disqualification cases could influence Arab voter turnout, a factor that may affect coalition calculations for Prime Minister Benjamin Netanyahu’s Likud and its right-wing allies.