ELECTION SHAKEUP: Israeli Supreme Court Blocks Parties From Tracking Voter Turnout in Real Time Just Days Before Knesset Vote
Israel’s Supreme Court has handed down a significant ruling just days before Tuesday’s Knesset elections, prohibiting political party representatives stationed at polling locations from electronically collecting voter turnout figures and transmitting them directly to party headquarters. The decision, issued Thursday by a 2–1 majority, overturns an earlier authorization by the Central Elections Committee and could force political parties to revise their Election Day operations at the last minute.
The ruling represents another development in a legal dispute over the information political parties are permitted to obtain from polling stations and how they may use that information to encourage supporters to vote.
For years, Israeli political parties have relied on information gathered by representatives stationed at polling places to determine which supporters have already cast their ballots and which individuals should be contacted before the polls close.
Such information has been especially valuable to parties with extensive voter databases and organized Election Day operations, allowing campaign workers to concentrate their efforts on neighborhoods and communities where turnout appears lower than expected.
Thursday’s ruling restricts the ability of those representatives to provide real-time information to their parties, even when the information consists only of numerical turnout totals rather than the identities of individual voters.
The decision was issued by Supreme Court Justices Khaled Kabub, Ruth Ronnen, and David Mintz. Kabub and Ronnen supported the prohibition, while Mintz dissented.
Because the matter was decided under considerable time pressure ahead of the October 27 election, the court issued its operative ruling without immediately publishing its full legal reasoning. The justices indicated that a detailed explanation would follow.
The latest dispute arose after the Likud party, led by Prime Minister Binyamin Netanyahu, sought permission for its representatives at polling stations to electronically count how many people had voted and report those figures to campaign headquarters.
On October 14, Dean Livne, acting director-general of the Central Elections Committee, issued a clarification allowing party representatives to transmit numerical turnout information, provided that the reports did not identify individual voters.
The clarification followed a request submitted by Likud attorney Ilan Bombach, who argued that political parties should be permitted to gather general turnout statistics to assist their efforts to encourage voter participation.
The distinction was significant because the Supreme Court had already ruled in September that polling station representatives could not transmit information identifying individual citizens who had cast ballots.
Under the earlier ruling, parties were barred from using information obtained through official polling station duties to identify voters and report their participation to campaign headquarters.
The court determined that party-appointed representatives, while serving at polling stations, perform official functions connected to the administration of elections and are not authorized to disclose personal voter information for political purposes.
That September decision was unanimous and overturned an earlier Central Elections Committee ruling that had permitted the practice under certain restrictions.
Following that setback, Likud sought to preserve the ability to collect general turnout figures without recording the identities of individual voters.
The party maintained that numerical information presented a different legal question because it did not disclose which particular citizens had voted.
Livne accepted that distinction and authorized the transmission of anonymous turnout totals.
However, the Israel Democracy Guard organization challenged the decision, arguing that polling station personnel should not be permitted to use information obtained through their official responsibilities to assist the political parties that appointed them.
The organization maintained that removing voters’ names from the reports did not resolve the underlying issue of whether election officials could collect and transmit information for partisan purposes.
The petition ultimately reached the Supreme Court, which overturned Livne’s authorization.
The ruling means that party-appointed polling station committee members and observers may not use electronic systems to count voters and provide continuous turnout updates to their respective parties.
It does not prohibit political parties from encouraging citizens to vote or from conducting ordinary campaign activities outside the official responsibilities of polling station personnel.
The distinction is particularly important for parties that have invested heavily in computerized Election Day operations.
In recent election campaigns, Israeli parties have used applications such as Elector to manage voter databases, coordinate campaign workers, and identify supporters who have not yet voted.
These systems have enabled campaign headquarters to compare information received from polling stations with existing voter lists, allowing workers to contact individuals believed to be likely supporters.
Likud has been among the parties making extensive use of such technology, and its representatives argued during the legal proceedings that restrictions imposed shortly before an election could interfere with campaign preparations.
The dispute has also drawn attention to a new Likud election application known as Victory 26.
According to a report concerning the court proceedings, a former Likud campaign official submitted a sworn affidavit alleging that the application contained capabilities that could enable users to monitor activity inside polling stations and collect detailed voter information.
The allegations included claims concerning a feature that could permit covert listening to activity at polling locations.
Those allegations have not been established as findings of fact by the court, but they became part of the broader controversy over the use of electronic technology during the election.
Israel Democracy Guard argued that such capabilities could potentially violate laws governing unauthorized surveillance and undermine the court’s earlier restrictions on the collection of voter information.
Following Thursday’s ruling, the organization welcomed the decision, emphasizing that polling station personnel have responsibilities that must remain separate from the interests of the parties that appointed them.
The organization said polling station officials “perform a public, politically neutral role on election day—and do not serve as an operational arm of political party headquarters.”
It also called on the Central Elections Committee to ensure that the new restrictions are properly communicated and enforced.
“It is now incumbent upon the Central Elections Committee to ensure that the guidelines provided to all personnel at polling stations are clear, uniform, and enforceable,” the organization said.
The legal battle began in August, when Supreme Court Deputy President Noam Sohlberg, who serves as chairman of the Central Elections Committee, moved to prohibit the transmission of identifiable voter information from polling stations to political parties.
Likud challenged that decision, arguing that Sohlberg could not unilaterally impose the restriction and that the issue should be considered by the full Central Elections Committee.
The committee subsequently voted to permit the reporting of individual voter participation under certain limitations.
Those conditions included restrictions on how the information could be used, prohibitions against sharing it with outside parties, and requirements to destroy the collected data after the election.
Nevertheless, the Supreme Court overturned that arrangement on September 17, ruling that longstanding practice did not provide sufficient legal authorization for the disclosure of personal voter information.
The justices concluded that the official duties of polling station representatives did not authorize them to transfer information obtained in that capacity to political parties for campaign purposes.
The court also determined that the practice raised concerns under Israel’s privacy laws.
Justice Minister Yariv Levin sharply criticized the September decision, accusing the judiciary of interfering with the election process and changing established procedures shortly before voters were scheduled to go to the polls.
“As far as they are concerned, any means are legitimate to tilt the election results,” Levin said at the time.
He also accused the court of “changing the rules of the game in the middle of the game” and attempting to suppress voter participation.
The court, however, maintained that the absence of explicit legal authorization prevented the Central Elections Committee from permitting the disclosure of such information, regardless of how frequently the practice had been used in previous elections.
The latest ruling extends the restrictions beyond identifiable voter information to include electronic reporting of anonymous turnout totals by party representatives stationed at polling locations.
The decision does not mean that turnout information will be unavailable altogether.
Under an arrangement previously established by Sohlberg, the Central Elections Committee is expected to publish official turnout figures for ordinary polling stations at least four times during Election Day.
Those figures will provide political parties and the public with periodic information about voter participation, although they will not offer the continuous updates that party representatives would have been permitted to transmit under Livne’s October 14 authorization.
The difference could be important for parties attempting to organize their Election Day activities around changing turnout patterns.
With the election approaching Tuesday, political parties will have limited time to adjust their systems and instruct representatives about the information they may collect and transmit.
The ruling applies to all political parties, although the legal proceedings have focused heavily on Likud because of its efforts to preserve the reporting arrangements.
It also comes during an election campaign in which turnout could be especially important for smaller parties seeking to cross the electoral threshold and for larger parties attempting to maximize support in closely contested areas.
The 3.25 percent electoral threshold means that parties receiving fewer votes than the required minimum will not enter the Knesset, making Election Day voter mobilization an important part of campaign operations.
For chareidi parties such as Shas and United Torah Judaism, which traditionally rely on organized community-based efforts to encourage voting, the ruling will also require attention to the restrictions governing representatives stationed inside polling locations.
The court’s decision does not prevent those parties from contacting supporters, arranging transportation to polling stations, or conducting other lawful activities designed to encourage voter participation.
It does, however, prohibit their representatives from electronically gathering turnout figures while performing official polling station duties and immediately forwarding those numbers to campaign headquarters.
