Attorney General issues warning to ministers ahead of elections

The Attorney General, Gali Baharav-Miara, distributed a 59-page file of guidelines to the Prime Minister and government ministers this Thursday, ahead of the 26th Knesset elections. She clarified that she intends to "strictly enforce the provisions of the law and the guidelines on all matters concerning the elections." The document consolidates restrictions on government activity during the election period—ranging from promises of budgets and benefits to appointments and the use of state resources for political propaganda.

In the accompanying letter, Baharav-Miara noted that because these are early elections and the current administration is an outgoing government, "the room for maneuver and the manner of exercising powers are different from those of a normal government, and legal rulings apply with even greater force during this period." She requested that ministers review the guidelines and instruct all relevant parties in their ministries to act accordingly.

The ban on election promises

A central restriction concerns promises made to the public during the campaign. Ministers must refrain from commitments to distribute benefits or allocate specific budgets during election tours. The guidelines state that one should not make decisions about distributing benefits or allocating budgets—nor even announce them—during such tours or when addressing potential voters in an official capacity.

Refraining from appointments

The starting point is that, as a rule, one should refrain from filling public positions during the election period to avoid creating accomplished facts that would bind the next government. However, there is no absolute ban; in cases of vital necessity, appointments may be considered.

Specifically, ministers are advised to refrain from replacing ministry directors-general, as this could cause governmental instability. Deviations are only possible if the Civil Service Commissioner is convinced of a real need for the proper functioning of the ministry. Similar restrictions apply to security bodies, involving the political echelon: in the police (from the rank of Nitzav), the Prison Service (from the rank of Gonder), and the IDF (from the rank of Aluf), while taking into account unique operational-security needs.

Election propaganda and state resources

The file clarifies the prohibition on using state resources for election propaganda. This includes government publications and the use of public assets. State employees are strictly prohibited from participating in political activity during working hours, and ministers must not request subordinates to volunteer for political tasks. Furthermore, the guidelines advise against conducting surveys on national agenda issues, as they may be perceived as attempts to gauge public sentiment for political gain.

Regarding political activity from ministers' offices, the guidelines acknowledge that a complete separation from party activity is not always possible. Therefore, limited political activity is permitted, such as phone calls or meetings. However, specific instructions are included regarding the Prime Minister's use of military helicopters for party-political purposes: the party or the Prime Minister must bear the full cost of flights to destinations where only party activity takes place.