Israel's State Comptroller Election Delayed Until After General Election

The election for Israel's next State Comptroller is expected to be postponed until after the upcoming general elections, likely taking place in early December. This practical outcome stems from a decision by Supreme Court Justice Ruth Ronen on Tuesday. The crucial position of State Comptroller has been vacant since early July, resulting in the rejection of 23 requests from public employees seeking protection against dismissal for whistleblowing.

Ronen's decision came as part of a petition filed by Yaron Gadot, who challenged the failure to elect a comptroller and the Knesset Speaker Amir Ohana's refusal to convene the Knesset for a new vote, as previously ordered by the Supreme Court on July 2. Ohana, represented by attorney Tzion Amir, argued to the court that the election should be deferred to the next Knesset. Conversely, the Knesset's legal advisor, Shagit Afik, stated that the vote should proceed immediately.

Justice Ronen sought input from Ohana, the Knesset, and the two candidates, Michael Rabilo and retired judge Yosef Elron, regarding various options for conducting the election in the new Knesset. These options included proceeding with a second round of voting, starting the vote anew, or initiating the entire selection process from scratch. Ronen also requested that the Attorney General, Gali Baharav-Miara, consider whether to participate in the proceedings, given the legal questions surrounding the continuation of the election process.

Parties were asked to submit their responses by October 15. Following their submissions, the court will need to rule on how the process will continue. Given the approaching elections, it is highly unlikely the Knesset will convene before October 27 to elect the comptroller. Ronen's decision effectively pushes the election to the next Knesset, an option her ruling also suggests. This occurs despite a prior Supreme Court order on July 2 for Ohana to convene the Knesset for the election.

The Supreme Court appears hesitant to intervene at this stage and order a vote before the elections. The possibility of the Attorney General participating, raised by Ronen, has drawn surprise, as the comptroller selection process falls under the purview of the Knesset Speaker and the Knesset itself. The 26th Knesset is set to convene on November 10, making an early December election plausible. It is anticipated that the entire selection process may need to be restarted, requiring ten Knesset members to nominate candidates within three weeks, followed by an additional two weeks to schedule the vote.

The identities of the main candidates will depend on the election results. If the Netanyahu bloc secures a majority in the new Knesset, Michael Rabilo's candidacy might be revived. Rabilo had previously been elected but refused to assume office until a new vote, as mandated by the Supreme Court. The current opposition is expected to propose a different candidate, not retired Judge Yosef Elron, who was the second candidate in the July election.