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Israel's High Court of Justice on Thursday asked the Knesset to consider holding a third vote for the appointment of attorney Michael Rabello as state comptroller, after the first two rounds were disputed. The court's suggestion came during a hearing on petitions seeking to cancel Rabello's election.

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Deputy Supreme Court Justice Noam Sohlberg, who headed the three-justice panel, said, "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." He proposed a procedural remedy: "that you do it again, only in a clean and proper process." The court said it would wait until Sunday for responses to the proposal.

Rabello, Prime Minister Benjamin Netanyahu's personal attorney, was elected on June 3 after a dramatic two-round vote. In the first round, retired Supreme Court justice Yosef Elron received 60 votes, and Rabello received 57, leaving both short of the 61 votes required. A second round was held, during which opposition MKs alleged that coalition lawmakers had been instructed to document their votes behind the curtain, despite the legal requirement of a secret ballot. After the second round was restarted, Rabello defeated Elron 61–57.

Key claims

  • Retired Supreme Court justice Yosef Elron argued that the Knesset vote was conducted unlawfully, joining the core arguments raised in petitions seeking to cancel the result.
  • The petitions argue that the secrecy of the vote was not a technical formality, but a central legal protection meant to allow MKs to vote freely.
  • Michael Rabello told the High Court that there was no legal basis to cancel the Knesset vote, arguing that the voting procedure was not unlawful, and that any conflicts of interest could be handled with a standard arrangement.
  • The Yesh Atid faction filed a petition arguing that the election process was conducted in a corrupt manner, alleging that coalition MKs were forced to film themselves casting their ballots.
  • The High Court of Justice asked the Knesset to consider voting for a third time for Rabello's appointment.
  • Knesset Speaker Amir Ohana rejected the High Court's proposal for a repeat vote, leaving the court to determine whether to issue a conditional order requiring respondents to explain why the election should not be canceled.

Perspectives

High Court justices

The panel, led by Deputy Supreme Court President Noam Sohlberg, expressed concern about the conduct of the vote, describing it as an "undesirable cloud" and proposing a new vote as a remedy.

Michael Rabello

Rabello rejected claims that his selection was tainted by political dependence, conflicts of interest, or the controversy over ballot documentation, arguing that the voting procedure was not unlawful and that petitions were trying to turn criticism into legal grounds for intervention.

Yosef Elron

Elron, who lost to Rabello in the second round, told the court that the process by which his opponent was elected was not merely politically improper, but illegal, and he joined the petitioners' requests to cancel the election.

Yesh Atid faction

The faction's petition alleged that the second round was "fundamentally corrupt," claiming heavy pressure was exerted on coalition lawmakers to photograph themselves behind the voting booth and that the prime minister used a 45-minute halt in the vote to apply additional pressure.

Knesset Speaker Amir Ohana

Ohana rejected the High Court's proposal for a repeat vote, citing the Knesset's preliminary response and arguments made during the hearing. On X, he wrote, "The Knesset has spoken."