High Court criticizes Knesset retreat on polling stations in nursing homes

The High Court of Justice criticized the Knesset on Tuesday for failing to provide dedicated polling stations in nursing homes and assisted-living facilities for the upcoming election. Supreme Court President Isaac Amit said the system used in the previous two elections had 'worked perfectly' and that the Knesset was 'going backward instead of expanding' access to voting. The court did not issue a ruling. Petitions challenged the Knesset Constitution, Law and Justice Committee's decision not to advance legislation for such stations. The Central Elections Committee proposed a partial solution: contacting about 290 facilities, with 65 agreeing so far, and 56 objecting. About 3,500 accessible polling stations are expected nationwide. The committee's decision is expected by August 18.

The High Court of Justice sharply criticized the Knesset on Tuesday for failing to provide dedicated polling stations in nursing homes and assisted-living facilities for the upcoming election, but appeared reluctant to impose through a court ruling an arrangement lawmakers had chosen not to enact. Supreme Court President Isaac Amit said the system used in the previous two elections had 'worked perfectly,' speaking from his experience as chairman of the Central Elections Committee. 'This is the first time the Knesset is going backward instead of expanding' access to voting, Amit said, adding that the decision was regrettable and that, in his personal view, the arrangement should have been retained. The court did not issue a ruling at the end of the hearing. The three petitions, heard by Amit and justices Ofer Grosskopf and Gila Canfy-Steinitz, challenge the Knesset Constitution, Law and Justice Committee's decision not to advance legislation allowing special polling stations to be placed in nursing homes and assisted-living facilities. Such stations were operated during the previous two elections under temporary legislation introduced during the COVID-19 pandemic. The Central Elections Committee recommended making the arrangement available again, but the Knesset committee declined to advance the proposal after it failed to receive broad support. The decision leaves many elderly residents dependent on ordinary polling arrangements, even when the polling station assigned to their registered address is outside the facility where they live. Some residents have limited mobility or require wheelchairs, walkers, escorts or assistance from staff to leave their homes. The petitions were filed by dozens of nursing-home and assisted-living residents, as well as organizations representing older Israelis. They argue that the Knesset's decision could prevent some residents from voting altogether, violating the constitutional right to vote and the principle of equality in elections. Attorney Yuval Yoaz, representing one group of petitioners, told the court that there was no dispute that elderly Israelis must be able to vote. The question, he said, was whether the state had done enough to ensure that the right could actually be exercised. The petitioners proposed two possible solutions. The first would have the court temporarily apply the previous statutory arrangement to the coming election. Alternatively, they asked the court to interpret the Central Elections Committee's existing powers broadly and require it to establish suitable polling stations under the law as it currently stands. The justices, however, repeatedly questioned whether the first proposal would improperly place the court in the Knesset's role. Grosskopf noted that lawmakers had made a deliberate decision not to reenact what had previously been a temporary arrangement. 'There are many laws that are not enacted for political reasons,' he said. 'We cannot replace the Knesset.' Canfy-Steinitz similarly questioned the suggestion that an existing arrangement had simply been allowed to expire, noting that the previous rules were temporary provisions and that enacting them for the 2026 election would require new legislation. Amit nevertheless made clear his dissatisfaction with the Knesset's decision. He noted that election law has gradually expanded special voting arrangements for other groups, including police officers, prison guards and hospital patients. He also questioned why provisions addressing voting by sailors remained on the books while the growing elderly population had been left without a dedicated arrangement. Attorney Yitzhak Bart, representing the Knesset, argued that the previous system had been adopted specifically because pandemic restrictions made entering and leaving nursing homes particularly difficult. Those restrictions no longer exist, he said, and the court should not create a legislative arrangement that the Knesset had declined to enact. The Central Elections Committee, meanwhile, said it was attempting to provide a partial solution within its existing authority. Attorney Yonatan Berman of the State Attorney's Office said the committee had contacted approximately 290 nursing homes and assisted-living facilities about placing regular regional polling stations on their premises. Where technically possible, those stations would also be designated accessible, allowing people who declare that they have limited mobility to vote there using double envelopes. So far, 65 institutions have agreed, while discussions with dozens of others remain underway. Fifty-six facilities have objected, in part because a regional polling station would have to admit voters from outside the facility and remain operational through the vote count. Unlike the dedicated stations used in the previous elections, the proposed solution depends on each facility's consent and would not necessarily serve residents whose registered address places them in another voting district. Berman acknowledged that the plan would not provide a complete answer. Where a polling station cannot be placed inside a facility, the committee will seek to establish an accessible station within a reasonable distance, he said. Approximately 3,500 accessible polling stations are expected to operate nationwide. Amit said he was persuaded that the Central Elections Committee was making a serious effort and asked it to examine further options, including whether facilities that had refused could be identified so residents and advocacy organizations could approach them. The committee has not yet formally approved the placement of the polling stations. Its decision is expected by August 18, the statutory deadline 70 days before the election. The court said a decision on the petitions would be issued separately.