Israeli Supreme Court Orders New Election for State Comptroller Over Secret Ballot Breach

The Israeli Supreme Court unanimously ruled on Thursday that the election for the State Comptroller must be redone due to violations of the secret ballot requirement. The five-judge panel found that the recording of votes by several coalition Knesset members compromised the confidentiality of the vote, which "requires annulment and a new election." Deputy Supreme Court President Noam Solberg, who authored the main opinion, emphasized that the law explicitly mandates a secret vote to ensure Knesset members can vote freely according to their conscience without external pressures.

The outgoing State Comptroller, Matanya Englman, is set to complete his term in a few days, leaving Israel without a State Comptroller for the first time in its history. The Basic Law governing the State Comptroller does not allow term extensions, and the Supreme Court cannot extend Englman’s tenure. While the Knesset committee can appoint an interim comptroller if the incumbent is incapacitated, it cannot do so if the position is vacant.

The Movement for Quality Government, which petitioned the court, stated that the secret ballot is fundamental to free elections and that the comptroller’s role as the public’s watchdog must not be filled through a flawed process. They warned that the breach in voting secrecy in the Knesset signals risks for the upcoming general elections. Knesset member Merav Ben Ari (Yesh Atid) praised the ruling, calling the original election "tainted from start to finish" and criticized the Knesset Speaker for allowing video recording during the secret vote.

The Israel Bar Association head Amit Bechar hailed the decision as a victory for democracy and the rule of law. Conversely, coalition members criticized the ruling. National Security Minister Itamar Ben-Gvir accused the court of anti-democratic behavior and vowed comprehensive judicial reform. Likud MK Amit Halevi called the ruling illegal and an infringement on Knesset sovereignty and individual rights.

The ruling sets a precedent as Israel faces a temporary absence of a State Comptroller and highlights tensions between the judiciary and the government over election integrity and parliamentary procedures.