Sulberg: Party representatives at polling stations are forbidden to report who voted for 'get-out-the-vote' purposes
Central Elections Committee Chairman, Justice Noam Sulberg, ruled that party representatives at polling stations are forbidden from reporting to their parties who has already voted during Election Day, thereby banning the practice of 'get-out-the-vote' (hasmara). The decision was made following the position of the Privacy Clinic at Tel Aviv University, and contrary to the positions of Likud, Religious Zionism, United Torah Judaism, and Shas. Sulberg cited harm to privacy and to communities where pressure is exerted on voters. Communications Minister Shlomo Karhi called for the decision not to be implemented.
Central Elections Committee Chairman, Deputy Supreme Court President Noam Sulberg, ruled today (Tuesday) that party representatives at polling stations are forbidden from reporting to their parties who has already voted during Election Day. In doing so, he bans the practice of 'hasmara' – reporting via an app about individuals known to be expected to vote for a particular party, which allows the party to contact them and encourage them to actually vote. The decision was made after the Privacy Clinic at Tel Aviv University submitted its position to Sulberg, calling for a ban on the transfer of information due to privacy concerns. In contrast, the Likud faction (and Religious Zionism, which joined its claims), United Torah Judaism, and Shas presented a position that the transfer of information is permitted, arguing that it helps encourage voting among their supporters and contributes to increasing voter turnout. Sulberg reasoned that in certain circumstances, such as polling stations where the majority of voters voted for a particular list or where the number of voters is low, it would be possible to draw conclusions about the voter's political opinions. He added that the very act of choosing to vote has significance in many communities where pressure is exerted on the voter, and therefore information about presence at the polling station is part of the right to privacy. He also cited women staying in a shelter for battered women as an example that publishing the voting location could expose sensitive information. Communications Minister Shlomo Karhi called for the decision not to be implemented, saying: "It seems that Judge Sulberg thinks the Elections Committee is another hall of the High Court... We will not allow this absurd decision to be implemented in the field. We will obtain the information by any means at our disposal."