Knesset Legal Advisor Urges Swift State Comptroller Vote Amid Election Concerns

The Knesset's legal advisor, Shagith Afik, has submitted a response to the Supreme Court, reiterating the need to hold a vote for the next State Comptroller as soon as possible, ideally during the current Knesset's term. However, she also outlined several practical difficulties arising from the upcoming elections for the 26th Knesset, which complicate the timing of the vote.

The Supreme Court had previously invalidated a June 3rd vote for State Comptroller due to a breach of ballot secrecy, ordering a new vote between candidate Michael Ravilo and retired judge Yosef Elron. The court stipulated that the Knesset should complete the voting process promptly. The term of the previous comptroller, Matanyahu Engelman, ended in early July, leaving the office without a permanent head.

Afik had previously instructed Knesset Speaker Amir Ohana to schedule the repeat vote in July, but the Knesset entered an election recess. Despite the recess, the Speaker is legally obligated to convene the plenum for such a vote. A petition filed in September by Yaron Gadot urged the court to compel Ohana to convene the plenum immediately.

Afik's response highlights four key considerations: changes in Knesset composition since the original vote, potential for increased party pressure on secret ballots during an election period, practical difficulties in convening the plenum with lawmakers focused on election campaigning, and the general practice of requiring consensus between coalition and opposition for plenum sessions during recesses. She noted that no faction has requested the plenum be convened for this vote, even opposition parties that challenged Ravilo's initial election.

Despite these challenges, Afik emphasized that they do not absolve the Knesset of its duty to comply with the court's ruling. She acknowledged that coordinating the session and ensuring lawmaker participation might be practically difficult so close to the elections. If the vote is postponed to the next Knesset, a decision will be needed on whether to rerun only the second round or the entire selection process.

Separately, a dispute has emerged between the Knesset and the State Comptroller's office. The office's legal advisor, Yoel Hader, requested the appointment of an acting comptroller, citing a "legal vacuum" and the paralysis of core functions, including signing reports and initiating new audits. Afik rejected this, arguing that the law only permits appointing an acting comptroller if the incumbent is incapacitated, not when the office is vacant. She maintained that holding the repeat vote is the proper course of action.