An expanded panel of nine Supreme Court judges is currently convening to discuss two petitions submitted to the High Court requesting the annulment of the “Tiberias Law”. This is an amendment to the Local Authorities (Elections) Law, which is designed to allow the chairman of an appointed committee to run for mayor, despite the problematic advantage which his position gives him. The initiative for the amendment came from the Shas faction, with the aim of allowing the chairman of the committee called in Tiberias, Boaz Yosef, who is close to the party members, to run for mayor. The petitioners seek to invalidate the law, and alternatively state that the law will not enter into force regarding the upcoming elections for the local authorities so that it will not allow Yosef to run if he does not resign soon from his position as chairman of the so-called committee.
The legal advisor to the government submitted her position to the High Court last week, in which she stated that in her opinion the petitions should be accepted at least partially, and that in any case the law will not enter into force regarding the upcoming elections for the local authorities.
“The position of the Legal Adviser to the Government is that Amendment 53, which was enacted during the election period and with the aim of allowing a certain candidate to run in the elections, is flawed. Its result also raises a series of significant difficulties, apart from the question of applicability, and the strength of these difficulties increases considering their accumulation together,” it says In response on behalf of the consultant.
It was also stated in the response that “besides the aforementioned, there is no escape from requiring the constitutionality of the arrangement with regard to the current election system. If it is found that Amendment 53 changes the rules within the current election period for the local authorities that has already begun, then beyond the essential difficulties underlying the arrangement, this means “changing the rules of the game During the game”, i.e., a fundamental change of the election laws during the election itself, in a way that goes to the root of the fairness of the election procedures, and results in a serious damage to the fundamental intelligence of the election laws and damage to the equality between the candidates and the right to choose and be elected. Added to this is the distinct personal dimension at the basis of the arrangement , in itself, to cause the greatest difficulty and it contradicts accepted principles of legislation. This result leads to the conclusion that there are very fundamental flaws in the arrangement, in relation to the current election period, which cannot be reconciled with. Therefore, the honorable court is asked to determine that since the current election period has already begun , Amendment 53 in any case cannot apply to the current election system for the local authorities. That is: as far as the current election system is concerned, the limitation regarding the absence of the possibility of an appointed committee chairman and committee members to compete in the upcoming elections for the local authorities will continue to apply. This position is an interpretive position, concerning the date of application of the law in relation to the upcoming elections”
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