
Knesset Legal Advisor Sagit Afik rejected this evening (Thursday) the demand to cancel the vote to elect the State Comptroller and hold it again - and determined that there is no legal basis to cancel the vote that resulted in Attorney Michael Rabilo being elected to the position.
The storm erupted during the second round of voting held in the Knesset plenum, after opposition members claimed that pressure was exerted on coalition MKs to film their votes, in violation of the principle of secrecy enshrined in the Basic Law: State Comptroller.
Following the allegations, voting was halted, and Knesset Speaker Amir Ohana convened a consultation with the participation of coalition and opposition representatives, members of the ballot committee, and legal entities.
According to Afik's letter, during the consultation it was clarified that any demand from a Knesset member to film his vote is illegal, but on the other hand there is no legal provision prohibiting a Knesset member from voluntarily filming his vote. At the end of the discussion, it was decided to cancel the second round of voting that had already begun, reopen it, and clarify from the Knesset podium that the instruction to film the vote has no validity.
Afik emphasized that her original professional position was that mobile phones should be prevented from being brought into the polling station, but noted that this position was not accepted due to practical enforcement difficulties presented by the Knesset Secretary.
According to her, the agreement that emerged between the parties and the path ultimately chosen do not contradict the provisions of the law.
The Ombudsman also wrote that there is no evidence that a mandatory directive to photograph the vote was actually implemented, and that the mere difference between the results of the voting rounds does not prove that improper influence was exerted on Knesset members.
She noted that the coalition chairman, Ofir Katz, and the Likud faction manager denied that such a directive had been given.