Israel's Supreme Court Bans Use of 'Elector' App by Parties

Israel's Supreme Court ruled on Thursday that political parties will no longer be permitted to use the 'Elector' application, which tracks voters who have not yet cast their ballots. The decision overturns a prior ruling by the Central Elections Committee. The primary opinion, authored by Justice Yael Vilner and agreed upon by Justices Alex Stein and Khaled Kabub, stated that the practice is illegal due to a lack of legal authorization and a violation of privacy rights.

The 'Elector' app allowed parties to identify which potential voters had not yet voted and to encourage them to do so, by receiving reports from within polling stations. Justice Vilner determined that this practice infringes upon the right to privacy, specifically violating prohibitions in the Privacy Protection Law. The court also found that the Central Elections Committee does not have the authority to permit parties to use such a system without explicit legal backing.

The approval for the 'Elector' app's use had been granted earlier in the week by the Central Elections Committee, following a lengthy debate where it passed by a vote of 19 to 11. The committee's decision had supported a proposal by attorney Ilan Bombach, representing the Likud party, who had advocated for the app's use. However, opponents were granted the right to appeal, which they exercised, leading to the Supreme Court's intervention.

During the Supreme Court hearing, Justice Vilner had previously expressed concern, stating, "There is basis for the claim that this is a violation of privacy. A person does not want it known whether they voted or not in an election. This is an intrusion into their autonomy, into their private space." Attorney Bombach argued that canceling the app's use so close to the election would cause "enormous damage" to Likud, calling the situation a "disaster" for the party, though he later amended his wording. He also noted that the Knesset could not convene to pass new legislation before the election.

Justice Kabub questioned why other parties, such as Shas, which also reportedly use the 'Elector' app, did not join Likud's opposition. Bombach responded that Likud's use of the app was long-standing, involving a significant investment in its database and application.