Coalition members seek to block official publication of election results

The Central Elections Committee chief Noam Sohlberg has reiterated that the official results of last week's Knesset election will be published as scheduled on Wednesday, despite another attempt by the outgoing coalition to postpone the move. Representatives of parties in Prime Minister Benjamin Netanyahu's bloc, who hold a majority on the panel, wrote to Sohlberg on Tuesday, asking to discuss suspected vote-buying by several Arab suspects at the CEC plenum, where the coalition has a majority. The 16 members of the committee suggested that the results could not be published until they were provided with all Shin Bet intel into ongoing investigations of alleged voter fraud. Sohlberg, who is also the Supreme Court deputy president, wrote back that Wednesday's meeting of the CEC will start at 9 a.m., earlier than scheduled, to allow for a more comprehensive discussion. However, he added, neither the plenum nor anyone else has the legal power to delay the publication of the official election results, or to demand evidence regarding alleged wrongdoing. He said any such claims will be heard by the courts in the future.

The election results are slated to be presented Wednesday to President Isaac Herzog, who will then immediately begin holding meetings with representatives of the 11 parties in the next Knesset. After hearing from each party, Herzog is expected to grant a mandate to form the next government to the individual who received the most nods from the party chiefs. The Likud and other coalition figures have sought to question the legitimacy of the election result, amid an investigation into alleged voter fraud by members of Ra’am as well as a probe into purported foreign interference in the vote. The claims center around allegations that Qatar, or other foreign powers, secretly funded efforts to boost Arab voter turnout and influence the election. The allegations have not been substantiated, and the Shin Bet and Mossad are expected to soon complete their probe.

Sohlberg has repeatedly averred that the overall integrity of the election is not in question, that the vote was conducted properly and that there is no evidence to suggest that the results would be affected by any investigation. Opposition figures have accused Netanyahu and the Likud of seeking to undermine and delegitimize the results after his bloc lost its majority in the Knesset following last week’s vote. While Likud received the most seats, 27, in last week’s election, the pro-Netanyahu bloc lost its governing majority, winning a combined 53 seats. The other 67 seats are split between Jewish-led parties, which took 48 seats, and the Arab-led parties, which won 19.

Sohlberg already rejected a Likud attempt to delay the publication of the vote on Monday, writing to the party’s lawyer that the CEC “has no authority to withhold the certification of the results, nor does the committee have the authority to intervene in an ongoing investigation.” The coalition holds the majority of positions on the Central Elections Committee. Channel 12 news published the letter Tuesday evening from all 16 coalition members of the CEC demanding it convene “urgently to discuss allegations of irregularities.” The signatories also requested a resolution that would declare that any information received by Sohlberg from Shin Bet chief David Zini as well as intel from the Mossad and the Israel Police “concerning suspicions of irregularities during voting” be provided to all members of the committee. “We see no possibility of publishing the election results before a discussion is held and the information we have requested is provided,” the letter concluded. The TV network reported that the move was coordinated by outgoing Likud MK Avihai Boaron, a close Netanyahu loyalist.

The committee’s members are drawn proportionally from the factions of the outgoing Knesset, not the one just elected, so Netanyahu’s bloc holds a majority on it, and nothing physically prevents that majority from voting against certification on Wednesday morning. But such a vote would have no legal basis, and would be highly unlikely to survive scrutiny by the High Court of Justice. The committee’s authority extends only to confirming the number of valid votes cast and their translation into Knesset seats, figures already determined by Sohlberg and his deputies from data transmitted by polling stations and regional election committees. Members may vote against if they identify errors in those calculations, and for no other reason. A vote against certification on grounds outside the committee’s authority would constitute an “administrative failure.” Petitions could and doubtless would then be filed to the High Court, which would be expected to order the committee to certify the results on the basis of its actual legal mandate. That kind of saga has never happened in Israel’s history, though in 2020, Likud representatives abstained and Shas representatives left the room during the committee vote confirming the results for the 23rd Knesset, over unsubstantiated claims of irregularities. Jeremy Sharon contributed to this report.