Israel’s Supreme Court unanimously cleared two Arab political lists and a lawmaker to run in the October 27 legislative elections, reversing a central election committee ban. Meanwhile, the National Security Minister faced a fine over a video featuring a Palestinian prisoner, and one Arab party leader voluntarily withdrew from the race.
Israel’s high court unanimously cleared the two primary political parties led by Arab figures for the upcoming legislative vote on October 27. The ruling directly overturned a prior decision by the Central Elections Committee, which had voted to bar the factions from the ballot following requests from members of the governing coalition led by Prime Minister Benjamin Netanyahu.
Arab citizens make up roughly 20% of the country's population, numbering about 10 million residents, and polls project Arab lawmakers could secure between 12 and 14 seats in the 120-seat parliament, a potentially decisive block in a closely contested political environment.
Supreme Court Reverses Central Elections Committee Bans
In three separate rulings, the Supreme Court determined that the justifications provided by the election body lacked sufficient legal backing to disqualify the United Arab List (Ra’am) and the Joint List. The Central Elections Committee had acted under a statute permitting bans against any party or individual accused of denying Israel’s existence as a Jewish and democratic state or supporting armed struggle against the country.
The Central Elections Committee operates as a political body whose members are assigned according to the strength of the ruling parties in the outgoing Knesset, giving the right-wing coalition led by Prime Minister Benjamin Netanyahu a guaranteed prior majority. Under Israeli law, the three potential grounds for disqualifying a party or candidate from running are denying Israel’s existence as a Jewish and democratic state, incitement to racism, and supporting armed struggle against Israel.
On September 23, the Central Elections Committee voted to invalidate the candidacies based on requests submitted by Prime Minister Benjamin Netanyahu’s Likud party, National Security Minister Itamar Ben Gvir’s Otzma Yehudit party, and other right-wing forces. A total of 18 committee members voted in favor of the ban, while 5 opposed it and one abstained. The committee accused the United Arab List (Ra’am) and the Joint List of rejecting Israel’s definition as a Jewish and democratic state and supporting armed struggle against it.
The Joint List includes the Democratic Front for Peace and Equality (Hadash), the National Democratic Assembly (Balad), and the Arab Movement for Change. The United Arab List (Ra’am) maintains a moderate Islamist orientation under the leadership of MK Mansour Abbas, and in late August included a Jewish candidate, former senior police official Yoav Segalovitz. The Joint List was represented by Yousef Jabareen.
The nine-judge panel granted clearance for both coalitions by unanimous agreement on October 2, following hearings held on Thursday with a bench comprising nine judges.
Supreme Court Upholds Ofer Cassif Eligibility
While the court protected the party lists, individual candidates faced starkly different outcomes. The Supreme Court upheld the eligibility of Ofer Cassif, a lawmaker representing the Hadash faction, by a 7-2 majority. Justices David Mintz and Alex Stein dissented, arguing that Cassif’s actions and statements satisfied thresholds for supporting armed struggle against Israel.
The majority of the panel included Supreme Court President Yitzhak Amit alongside Justices Dafna Barak-Erez, Yael Willner, Ofer Grosskopf, Gila Canfy-Steinitz, Khaled Kabub, and Yechiel Kasher. Although the majority and dissenting judges alike recorded sharp reservations regarding Cassif’s statements and actions, the court’s majority concluded that the evidence did not cross the critical mass required to establish a legal ground for disqualification, thereby separating the condemnation of political stances from the fulfillment of conditions required to strip a person of their right to run.
Sami Abu Shehadeh, leader of the Balad party, chose a different path after the judiciary signaled its direction. Following a recommendation from Supreme Court President Yitzhak Amit during a Thursday session, Abu Shehadeh withdrew from the ballot after being informed that a majority of judges intended to uphold his disqualification, thereby avoiding a formal disqualification ruling. He remains leader of the Balad party but will not run on the party list. The challenge against him centered on an opinion piece published on October 8, 2023—one day after Hamas launched its attack on Israel—in which he described the assault as a military, political, and strategic historical event of significance. Abu Shehadeh later expressed regret for writing the article, explaining that he did not realize the scale of atrocities committed at the time of writing, though his exclusion received broad support within the Central Elections Committee from Jewish parties across the political spectrum, including the left-wing Democrats party.
The Joint List criticized the handling of Abu Shehadeh’s case, describing the pressure on him as an effective disqualification without a final judgment that sets a dangerous precedent for Arab political participation.
National Security Minister Fined Over Campaign Video
Away from the courtroom battles over candidate lists, National Security Minister Itamar Ben Gvir faced financial penalties from the Central Elections Committee.
The committee ruled the video constituted an illegal election campaign violation, ordered its removal, and imposed the fine strictly on regulatory grounds rather than the controversial nature of the dialogue. Hamas is classified as a terrorist organization by Germany, the European Union, the United States, and other countries.
