Likud Challenges Election Committee Ban on Real-Time Voter Tracking at Polls

The Likud party has petitioned Israel's Supreme Court to overturn a decision by the Central Elections Committee chairperson that prohibits party representatives at polling stations from updating in real-time which voters have cast their ballots. Likud argues that this ban severely damages their ability to conduct election day operations, with their attorney, Ilan Bombach, stating it is akin to a 'terror attack' that 'destroys the election' for the party. Supreme Court justices, however, questioned the legal basis for the party's tracking activities and raised concerns about privacy violations.

During the hearing, Justices Yael Viner, Alex Stein, and Khaled Kabub pressed Bombach on the legality and implications of the real-time data collection. Justice Viner specifically distanced herself from the term 'terror attack,' prompting Bombach to rephrase his concern as causing 'enormous damage' to Likud. The court emphasized that the ban applies equally to all parties and questioned whether the party's ability to track voters was merely an extension of possessing old voter registers.

The justices focused on the privacy implications, with Justice Stein noting that knowing who has or has not voted constitutes access to personal information. Justice Viner expanded on this, highlighting the potential social and political harm, such as revealing political leanings in small communities based on non-voting status. She countered Bombach's claim that the data was derived from voter registers, stating it was 'something else' entirely.

The court also examined the authority of the Elections Committee chairperson, Judge Noam Sohlberg, to issue such a ban. While Likud argued Sohlberg acted beyond his authority, the justices defended his role as head of an administrative authority empowered to intervene when actions violate the law or harm privacy. Justice Stein used an analogy of a poll observer committing a crime, asserting the chairperson's right to intervene. Justice Kabub underscored the representatives' state role in ensuring election integrity, stating the chairperson can prohibit them from transmitting information externally.