Israel's Election Committee Bans Knesset Member Ofer Cassif From Running

Israel's Central Elections Committee voted on September 23 to disqualify Knesset member Ofer Cassif, representing Hadash within the Joint List, from participating in the upcoming 26th Knesset elections. The committee approved the disqualification with 19 votes in favor, five against, and two abstentions. The basis for the decision was Cassif's alleged support for armed struggle by an enemy state or terrorist organization against Israel. The Likud party filed the petition, with its representative, attorney Ilan Bombach, arguing that Cassif's statements and actions demonstrate support for armed conflict against Israel and a denial of its existence as a Jewish and democratic state. Materials cited against Cassif included his past remarks on Palestinian armed resistance, signing a statement supporting South Africa's case against Israel at the International Court of Justice, and statements made during the recent war.

However, the government's legal advisor, Gali Baharav-Miara, and State Prosecutor Amit Eisman opposed the disqualification. Their conclusion, presented to the committee, stated that the available evidence does not meet the criteria set by the Supreme Court for disqualification under Basic Law: The Knesset, Article 7A. This article allows for the prohibition of a candidate or list from elections if they deny Israel as a Jewish and democratic state, incite racism, or support armed struggle against Israel.

Cassif himself rejected the accusations, stating at the hearing that he condemned the October 7 Hamas massacre on the day it occurred. He argued that his criticism of the government and the IDF should not be interpreted as support for Israel's enemies, but rather as an attempt to delegitimize Jewish-Arab political partnership and portray opposition to government policy as disloyalty.

The Central Elections Committee's decision is not final. It must be submitted to the Supreme Court for approval, along with the committee's reasoning. The Supreme Court applies a high evidentiary threshold in such cases, requiring that the prohibited stance constitute a significant part of the candidate's political activity and be proven by clear, convincing, and unambiguous evidence.

This is not the first time Cassif has faced such a challenge. Ahead of the 2019 elections, the Central Elections Committee also banned him from running. However, the Supreme Court overturned that decision with an 8-1 majority, ruling that the evidence was insufficient for disqualification. The court noted then that while some of Cassif's statements were highly controversial, they did not meet the high evidentiary bar required by law.