Supreme Court Questions Real-Time Vote Data Transfer to Parties

Israel's Supreme Court on Wednesday heard a petition challenging a decision by the acting director general of the Central Elections Committee, Din Livneh, that permits poll workers and observers to transmit real-time voting data to party headquarters. Justices Khalad Kabub and Ruth Ronen questioned the legality of this decision, particularly in light of a ruling issued just last month, expressing concern that it could lead to an excessive volume of reports. The state requested a decision on the same day to allow the committee to prepare for the upcoming elections.

The petition was filed by the Israeli Democracy Watch organization following an October 14 clarification letter from Livneh, responding to a request from Likud attorney Ilan Bombach. This clarification allows the transfer of numerical data on voter turnout, distinct from personal voter information. Justices David Mintz, Khalad Kabub, and Ruth Ronen issued an order nisi, emphasizing it was for efficiency due to the approaching elections and not a judgment on the petition's merits.

Justice Kabub highlighted the significant difference between the previous arrangement, where the Central Elections Committee published turnout data at least four times daily, and the new possibility of continuous reporting from polling stations to parties. He warned this could lead to "breaking all bounds" with potentially tens of thousands of reports daily, instead of a few scheduled updates. He also criticized the state's position that this was merely a clarification, arguing it constituted a substantial change to previous decisions and a high court ruling.

Attorney Avi Milikovsky, representing the state and the committee, argued the data transfer serves two purposes: election oversight and voter mobilization. He provided an example of a party representative reporting low turnout at a specific polling station to investigate potential obstructions. However, the justices were unconvinced, with Justice Kabub suggesting the representative could contact the Central Elections Committee or police instead, and Justice Ronen questioning the relevance to the party. Justice Mintz pointed to the clear political motive of encouraging voters in areas of perceived support.

Attorney Yuval Yoez, representing the petitioner, contended that previous Supreme Court rulings established poll workers as public officials who cannot transfer information to parties without explicit legal authorization. He argued that the new provision creates an unauthorized channel for parties, stating that "purpose does not create authority." Attorney Bombach, representing the Likud party, countered that it was a clarification, not a change in law, and that restricting data transfer would hinder voter mobilization efforts. He also noted that the clarification was made with the understanding of Central Elections Committee Chairman, Justice Noam Sohlberg.

During the hearing, concerns were also raised about equal access to data for smaller or new parties lacking poll representatives. Milikovsky responded that election laws already differentiate between large and small parties, and the state did not view this as a violation of equality. Yoez also expressed concern about potential misuse of mobile phone technology, including microphones, at polling stations, noting that this issue had been raised with the Attorney General separately.