On Sunday, the Knesset told the High Court of Justice it will not hold a new vote on appointing attorney Michael Rabilo as state comptroller, rejecting a compromise suggested by the judges during petitions against the appointment. Knesset Speaker Amir Ohana said after reviewing the issue that there would be no repeat election and that the legislature stands behind the process that led to Rabilo’s selection.
The response came after a hearing in which the justices raised questions about the secrecy of the ballot, following reports that Likud lawmakers were photographed with voting slips behind the curtain. At the end of the hearing, the judges suggested the Knesset consider a revote and ordered it to state its position.
The Knesset legal adviser informed the court, on the Knesset’s behalf, that for all the reasons laid out in the preliminary response to the petitions and during the hearing, the speaker had decided not to accept the court’s proposal. Ohana echoed that position and wrote, “The Knesset has had its say.”
The petitions challenge the appointment on two main grounds, possible damage to ballot secrecy and a conflict of interest because Rabilo serves as Prime Minister Benjamin Netanyahu’s attorney. During the hearing, the justices signaled they were not inclined at this stage to intervene on the conflict-of-interest issue, but they did express concern about the conduct of the voting process. With the Knesset refusing the compromise, the matter returns to the High Court, which must decide whether to accept the Knesset’s position or take further legal steps regarding the election of the state comptroller. On Thursday, the court had warned it could issue an interim order blocking Rabilo’s appointment if the proposed compromise was not accepted.
