Proposed Amendment to Basic Law: The Knesset
(Expansion of Grounds for Disqualification from Elections)
Hebrew version of this paper was submitted to the Knesset’s House Committee
The proposed amendment to expand the grounds for disqualification from elections ostensibly seeks to prevent participation by individuals who declare support for an armed struggle by a terrorist organization “or by a lone assailant” against the State of Israel, “even if such support is not ongoing.” Additionally, the law alters the balance of power between the Central Elections Committee and the Supreme Court, designating the latter as a court of appeals rather than the body responsible for approving the committee’s decisions. While the stated aim of the proposed amendment is to prevent supporters of terrorism from entering the Knesset, in practice it appears to be an attempt to exclude Arab representatives from the legislature.
First, it is important to note that the current wording of the law, even before the proposed amendment, discriminates between Jews and Arabs by focusing on terrorism “against the State of Israel.” Although terrorism committed by Jews against Palestinians is unequivocally an act against the State of Israel, the current clause can be interpreted in a way that allows supporters of Jewish terrorism to participate in elections.
Regarding the proposed amendment, Section 7א (3) has historically been applied only to Arab public representatives, clearly targeting the political representation of Arab citizens of Israel. Allowing disqualification based on a single expression is disproportionate and could lead to disqualification even in cases where the statements in question do not amount to actual support for terrorism (e.g., instances of conflicting narratives, such as the case of Yacoub Abu Al-Qia’an, where years later it was determined that he was not involved in a terror attack).
Additionally, the amendment makes the Central Elections Committee the deciding body, despite being a political entity composed of politicians from parliamentary factions who are not judicial or professional experts. Weakening the authority of the Supreme Court in this matter could lead to a chilling effect, reducing the likelihood of overturning decisions by the Central Elections Committee and thereby making it significantly easier to disqualify Arab public representatives.
As a result, this amendment could deny the full realization for Arab citizens of the fundamental democratic right to vote and be elected. It would grant substantial power to representatives of the political majority to disqualify their rivals, skewing the political playing field in an unfair and inequitable manner that bypasses the ballot box.
Thus, the proposed amendment is discriminatory, unequal, and undermines the most basic democratic rights — in essence, harming the democratic process itself.
This amendment represents an unreasonable and unnecessary escalation of Section 7א of the Basic Law: The Knesset, which already provides grounds for disqualification based on support for an armed struggle against Israel (and, as noted, already creates an unequal situation between Jews and Arabs in its current wording). Given the importance and significance of the right to vote and be elected, the Supreme Court has historically interpreted this clause narrowly and judiciously. Stripping the Supreme Court of its authority and transferring it to an explicitly political body is likely to enable the politically-motivated and anti-democratic disqualification of Arab representatives.
This amendment introduces a political mechanism that benefits the majority group in Israel, particularly the current coalition parties. For these reasons, the Abraham Initiatives opposes the proposed amendment to expand the grounds for disqualification from elections (Section 7א). Arab citizens have the right to political representation, to vote, and to be elected. The proposed law constitutes a significant infringement on these basic democratic rights.
