High Court on Polling Stations: State Must Present Adequate Plan to Replace Polling Stations Removed from Nursing Homes
The High Court of Justice heard petitions against the removal of polling stations from non-nursing care facilities. The justices accepted the state's declaration that accessible polling stations would be provided, but requested an update within six days to present a satisfactory plan. President Amit criticized the reduction of the public's ability to vote, while other justices questioned the court's ability to intervene.
The High Court of Justice heard petitions on Tuesday against the removal of polling stations from non-nursing care facilities ahead of the upcoming elections. The justices accepted the state's declaration that accessible polling stations would be provided to address the needs of the elderly, but requested an update within six days to present a satisfactory plan. Supreme Court President Justice Yitzhak Amit criticized the move, saying, "This is the first time the Knesset has reduced the public's ability to vote." However, Justice Knafi-Steinitz and Justice Grosskopf questioned the court's ability to intervene in the matter. The Central Elections Committee had sought to extend the arrangement that allowed polling stations in nursing homes and assisted living facilities, but following opposition within the coalition, the clause was removed from the election bill. The petitioners argued that for thousands of elderly residents, including those using walkers and wheelchairs, canceling the polling stations could make exercising their right to vote difficult or even impossible. President Amit noted that the previous arrangement "worked excellently" in the last elections and added, "It's a shame it won't be used this time either." In contrast, Justice Grosskopf expressed reservations about the possibility of the court intervening and ordering the Knesset to legislate the arrangement. The petitioner, Attorney Yuval Yoaz, responded that the petitions do not claim an explicit attempt to prevent the elderly from voting, but rather raise the question of whether the law can ensure the practical possibility of realizing the right to vote. The Knesset's representative, Attorney Yitzhak Bart, clarified the facts of the hearing, stating that there was no special arrangement for nursing homes in previous elections, but rather a temporary order during the COVID-19 period. He added that there was no consensus in the Knesset, so the arrangement for nursing homes was not enacted this time, and he did not think there were political considerations. The Attorney General's representative also opposed court intervention, arguing that the deployment of polling stations would in any case provide a response to the elderly population. In early July, the coalition removed the issue of placing polling stations in non-nursing care facilities from the election bill. In Likud, opposition to the proposal was led, with sources admitting that the reason is a fear based on a stigma of electoral assistance to the Yisrael Beiteinu party. The official Likud argument was voiced in the Constitution, Law and Justice Committee by MK Amit Halevi, who said it was discrimination against the elderly. According to data presented to the committee, the total number of eligible voters in non-nursing care facilities is about 37,000 people – almost one mandate.