Commentary Magazine


Topic: Yisrael Beiteinu

The Great Absentee-Ballot Debate

A perennial Israeli debate erupted anew yesterday, after Prime Minister Benjamin Netanyahu announced that he supported a proposal to extend the franchise to Israelis living abroad. What makes this debate so baffling is that both sides are partly right — meaning it should be easy to strike a compromise somewhere in the middle. But in 62 years, it hasn’t happened.

The proposal put forth by Netanyahu’s largest coalition partner, Yisrael Beiteinu, would allow absentee ballots for anyone who has held a valid Israeli passport for the past 10 years — about 500,000 people. And opponents are right that this is far too broad. First, in terms of sheer numbers, that constitutes 7 percent of the total population and fully 10 percent of eligible voters — a far higher proportion than is the norm in other countries that allow absentee voting.

Moreover, many of the 500,000 people in question have been living abroad full-time for many years. Indeed, you can have a valid Israeli passport for 10 years without setting foot in the country that entire time. Thus people who are not living in Israel and whose daily lives are unaffected by the country’s policies would have a disproportionate impact on the outcome of any election.

This is particularly problematic because Israel is a country at war. Overseas residents are not the ones who will suffer daily rocket fire if a territorial pullout goes wrong, nor will their sons’ lives be at risk if the government launches a military operation. Thus it is completely inappropriate to give them a major voice in electing those who will make such decisions.

Yet at the same time, proponents of absenting voting are right that the current system is irredeemably unfair. Under current law, the only people allowed to vote absentee are sailors and diplomats (and their families). Hence a businessman who lives in Israel year-round but happens to be abroad attending a major trade fair on Election Day cannot vote. Ditto for a professor who has taught for 20 years at an Israeli university but happens to be on sabbatical abroad during election year — unless he is willing to pay $1,000 to fly to Israel for Election Day and cast his ballot there. It is long past time for Israel to stop disenfranchising such citizens.

It is not technically difficult to distinguish permanent overseas residents from Israelis there temporarily, as it was in days gone by. The law could simply require absentee voters to have spent a specified proportion of the past five (or seven or 10) years in Israel, and ballot applications could be checked against border-control data to see if the applicant qualified.

The good news is that whereas Yisrael Beiteinu and Netanyahu’s Likud party largely support the bill, the other two main coalition partners, Labor and Shas, oppose it. That means there’s a chance that the government will at long last pass a reasonable compromise — one that will help those unfairly disenfranchised by current law while excluding those whose homes are permanently overseas.

Something’s Rotten in the State of Israel’s Legal System

Something is deeply wrong with a justice system when mainstream journalists and politicians take it for granted that a suspect’s political views will affect the legal proceedings against him.

Consider the following sentence from a column that appeared Monday in Israel’s left-wing daily Haaretz: “If the attorney general decides to bring charges against Yisrael Beiteinu chairman Avigdor Lieberman, the foreign minister may decide that, in his bid to reach a plea bargain that will keep him out of prison, he is better off bringing down the government, and possibly even the Knesset, and disguising himself as a moderate in a government that has Kadima and Labor [two left-of-center parties] at its center.”

The author, Amir Oren, is no right-wing conspiracy theorist; he’s a veteran, left-of-center journalist and star columnist for a respected highbrow daily. And he considers it patently obvious that if Lieberman wants prosecutors to treat him leniently, he would be wise to swerve Left.

Nor is Oren alone in this belief. In 2007, after then prime minister Ehud Olmert appointed Daniel Friedmann, a well-known critic of the Supreme Court’s judicial activism, as justice minister, Yossi Verter wrote in Haaretz: “The justice system … has two alternatives for coping with this blow: hunkering down in its bunker and waiting for the government to change, or speeding up criminal proceedings against Olmert and working with greater vigor to topple him, which would also bring about Friedmann’s departure.”

Like Oren, Verter is a veteran left-of-center journalist and a star Haaretz columnist. And like Oren, he considers it self-evident that legal officials could and would use their prosecutorial powers to oust a politician whose policies they oppose.

And here’s another star Haaretz columnist and veteran left-of-center journalist, Ari Shavit, writing after the 2006 indictment of then Justice Minister Haim Ramon for sexual harassment:

Twelve hours before kissing the soldier identified as H, Haim Ramon sat at a private dinner and joked that he had to be careful, because something was liable to happen to him. Because something has happened to every justice minister who intended to shake up the judicial system the way he did, something that prevented the minister from ultimately filling the post. …

[Another] senior minister, whose lifelong dream has been to serve as minister of justice, decided at the beginning of the week to concede the coveted position because he was convinced that if he didn’t do so, he would shortly find himself questioned under caution in a police investigation. The senior minister … determined that there was no chance that a person known as a critic of the rule of law would be able to serve as justice minister without the rule of law finding a way to distance him from the public arena on some criminal pretext or another.

That mainstream politicians and journalists believe the legal system biased in this fashion is worrying even if they’re wrong. That so many probably wouldn’t believe it were there not some truth to it is even worse. But perhaps most disturbing of all is the lack of concern: it’s just a fact of life, to be noted casually in a column.