Justice Minister Yariv Levin on Wednesday called on the government to disobey a High Court of Justice ruling that ordered a new Knesset vote for the appointment of the attorney Michael Rabello as state comptroller.
“Attorney Rabello should assume the position,” Levin said in a Kol Berama interview, calling to ignore the High Court ruling that Rabello's election had a fundamental defect to it and was invalid.
“There should not even be any consideration for the possibility of holding new elections. I think there is no one from the entire coalition who holds a different stance [on the matter],” Levin also said.
Levin’s remarks come after the High Court of Justice had ruled unanimously on Thursday that the Knesset’s controversial vote to appoint Rabello as state comptroller was invalid and that new elections must be held.
There has still been no response from Knesset Speaker Amir Ohana on how he will respond to the High Court ruling regarding holding the revote, after he previously rejected the last proposal to redo the elections.
No sitting state comptroller since the revote decision
The High Court’s decision to hold the revote came just days before Rabello was due to begin his term; therefore, since Sunday, there has been no sitting state comptroller in the country.
In its ruling, the court stated that a “fundamental defect occurred in the secrecy of the ballot” that requires the annulment of the vote and the holding of a new election. The ruling was made through a unanimous vote by a five-judge panel.
By law, the process for electing the state comptroller must be done through a secret ballot to keep the integrity of the vote intact and remove political pressure from the appointment.
During the vote in June, Prime Minister Benjamin Netanyahu’s ruling Likud party had reportedly ordered its lawmakers to document themselves casting their vote for Rabello – who is also Netanyahu’s personal attorney – as a way to place pressure on them.
Rabello was elected after a disputed two-round Knesset vote. In the first round, retired Supreme Court justice Yosef Elron received 60 votes, and Rabello received 57, leaving both candidates short of the required 61-vote majority.
A second round was then held. Opposition lawmakers alleged that coalition MKs had been asked to photograph or film their ballots behind the curtain, despite the requirement that the state comptroller be elected by secret ballot.
The vote was halted and restarted, after which Rabello defeated Elron 61-57.
A series of petitions followed, including those from Yesh Atid and the Movement for Quality Government in Israel. The petitioners argued that documenting votes turned the secret ballot into a loyalty test and could have prevented MKs from voting freely.
Eisenkot: The current government will 'dismantle the foundations of democracy'
The tensions also come amid the government's escalating rift with the judiciary.
On Sunday, the government unanimously approved a proposal declaring it will not comply with a High Court of Justice ruling regarding the Second Authority Council, following petitions arguing that appointments to its membership were political.
Such a rejection of a High Court ruling marked a first in which the government openly defied such an order and could lead to a constitutional crisis if the government does not accept the Second Authority Council's decisions, thereby going against the High Court.
Levin and Communications Minister Sholomo Karhi had issued the government proposal.
Opposition party leaders in the bloc seeking to replace Prime Minister Benjamin Netanyahu in the upcoming elections condemned Levin’s statements regarding the state comptroller revote, warning that they could cause severe democratic harm.
Yashar Party leader Gadi Eisenkot said that Levin led the Judaical reform "at the cost of tearing Israeli society apart while Netanyahu hid behind him, and is one of the leading contributors to the lowest point in the State of Israel's history. "
“He is an enemy of Israeli democracy.”
“Netanyahu and his government continue to dismantle the foundations of democracy on the eve of the most consequential elections in Israel's history," Eisenkot added.
Democrats Party leader Yair Golan said that the justice minister was “behaving like a common criminal and calling for defiance of a High Court ruling.”
"Why? Because they are terrified that Israel will have a state comptroller who will actually do the job."
"They want a puppet on a string, and they are willing to burn the country down, break the law, and create a constitutional crisis in order to appoint one," Golan added.
