Knesset Election Committee to Rule on Disqualification Bids Against Arab Parties, MKs

The Knesset Central Elections Committee is set to convene on Wednesday to consider requests to disqualify the Joint List, the United Arab List, the National Democratic Assembly (Balad), and two individual politicians, Sami Abu Shehadeh and MK Ofer Cassif, ahead of the upcoming 26th Knesset elections on October 27. The committee's session follows legal responses submitted by the human rights center Adalah on behalf of the targeted parties and candidates.

Several right-wing parties submitted the disqualification requests. The Likud party sought to disqualify the Joint List and MK Cassif, while the Orot Yitzhak party requested the disqualification of Balad. Otzma Yehudit party leader Itamar Ben-Gvir filed a request to disqualify Abu Shehadeh, and Likud, Otzma Yehudit, and the Bocharim Behayim forum jointly petitioned to disqualify the United Arab List. The grounds for these requests include alleged support for "armed struggle," "non-recognition of Israel as a Jewish and democratic state," and accusations against Abu Shehadeh and Cassif based on their political statements and stances.

Dr. Hassan Jabareen, Director of Adalah, stated that the committee will vote on each disqualification request separately, anticipating a lengthy session. He explained that any decision by the committee is not final and can be appealed to the Supreme Court, which would likely hear the cases with a panel of nine justices. Jabareen anticipates the committee may approve some disqualification requests, but the final outcome remains uncertain, particularly regarding the voting patterns of ultra-Orthodox parties.

Jabareen noted that while attempts to disqualify Arab parties are common in Israeli elections, this round is distinct due to the current political climate and the post-October 7th context. He highlighted that historically, the Supreme Court has rejected most disqualification decisions made by the Elections Committee, with the exception of the Arab Land Party in 1965. He emphasized that legal grounds for disqualification require substantial evidence of incitement or actual engagement with hostile entities, not merely political positions. Adalah argues that no such evidence exists against the targeted Arab parties or individuals.

Regarding Balad, Jabareen clarified that its legal standing differs, as the law pertains to disqualifying candidate lists or individual candidates, not parties within a larger list. He also mentioned that Arab parties, in coordination with Jewish legal allies, have filed counter-petitions against parties like Otzma Yehudit and the Religious Zionism party, which will also be reviewed by the committee.

Jabareen stressed the importance of the Supreme Court considering the broader context, comparing the actions and statements of the Arab MKs and parties with those of figures like Smotrich and Ben-Gvir, who hold ministerial positions and have made controversial remarks. He pointed to the heightened "racist atmosphere" in Israel, the right-wing majority in the Knesset, and a perceived shift towards a more conservative judiciary as factors making this election cycle particularly sensitive.