The Association for Civil Rights in Israel sent an urgent appeal on Monday to Central Elections Committee chairman Justice Noam Sohlberg, acting Central Elections Committee director-general attorney Din Livne, Transportation Minister Miri Regev, and Attorney-General Gali Baharav-Miara, demanding immediate action to halt any initiative that could impair Israeli citizens’ ability to reach Israel and vote, and to ensure that they are permitted to enter the country close to the election date.
The association’s action followed reports that senior Transportation Ministry officials were considering measures intended to prevent Israeli citizens living abroad from arriving ahead of the Knesset election on charter flights, due to extraneous political considerations.
In its letter, the association emphasized that the right to vote is a fundamental constitutional right and an essential component of establishing a democratic society that respects human rights. Exercising that right in this case is also linked to Israeli citizens’ and residents’ constitutional right to enter the country.
According to the association’s position, placing obstacles in the way of people seeking to reach Israel close to the election would amount to the unlawful denial of many thousands of citizens’ right to enter the country and vote. It would therefore constitute an unconstitutional measure.
The appeal further stated that, if the measures are indeed motivated by an attempt to prevent citizens from voting because of their presumed political leanings, as has been reported, they would constitute an unlawful use of government authority.
Logistical constraints cannot justify violation of right to vote
The association clarified that even if logistical constraints exist, they cannot justify infringing on Israeli voters’ right to reach Israel and exercise their right to vote. On the contrary, the constitutional status of the right to vote obligates the state to make every possible effort to ensure that all citizens wishing to vote are allowed to enter the country without obstruction.
Attorney Elsa Bonia, who wrote the appeal, said that “Placing obstacles or difficulties in the way of voters seeking to reach the country, particularly because of their presumed political leanings, is unconstitutional and constitutes a clear manifestation of the abuse of government authority by a government that knows no limits.
“It must be emphasized that even without the reports that extraneous considerations are behind the measure, bureaucratic or logistical considerations cannot justify infringing on Israeli voters’ right to reach Israel and vote. On the contrary, the state must make every possible effort to ensure the entry into the country of all citizens who wish to vote in it.”
