High Court pushes Knesset to consider third vote in Rabello's comptroller appointment

Israel's High Court of Justice has called on the Knesset to consider a third vote for Michael Rabello's appointment as state comptroller, citing irregularities in the previous two contested elections. Deputy Supreme Court Justice Noam Sohlberg stated that "some of the votes are problematic on their face" and that Knesset members acted contrary to legal advice regarding vote documentation. The court proposed a procedural remedy, urging a "clean and proper process" for a new vote.

The court's intervention comes amid seven petitions seeking to cancel Rabello's election, which occurred on June 3 after a dramatic two-round Knesset vote. In the first round, neither Rabello nor his opponent, retired Supreme Court justice Yosef Elron, secured the required 61 votes. The second round was restarted after opposition MKs alleged coalition lawmakers were instructed to document their votes, undermining the legally required secret ballot.

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There is apparently an undesirable cloud; some of the votes are problematic on their face. MKs acted contrary to the Knesset legal adviser's instructions when creating a new rule allowing filming.

Rabello, Prime Minister Benjamin Netanyahu's longtime personal attorney, ultimately defeated Elron 61-57 in the second round. Petitioners argue that the vote was legally defective because the alleged documentation of ballots compromised the secrecy intended to allow lawmakers to vote freely. Additionally, some petitions question Rabello's suitability for the role due to his extensive professional ties to Netanyahu and the Likud party, whose conduct the comptroller may audit.

Elron has joined the petitioners' arguments, requesting the cancellation of the election, though he did not seek to be installed as comptroller himself. The High Court's hearing focused on the secrecy of the Knesset vote and whether any breach affected the election's validity.

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We are proposing a procedural remedy, that you do it again, only in a clean and proper process. That is our proposal. We will wait until Sunday for your responses on this matter.