High Court hearing that could save Likud primaries moved to this evening

The Supreme Court, sitting as the High Court of Justice (Bagatz), has decided to move to this evening (Wednesday) the hearing on the petition regarding the change in Likud primary rules and the possibility for Knesset members and ministers to run in district slots as well. The hearing, which was scheduled for tomorrow, will take place today at 21:00 before a panel of the Supreme Court. The decision to move the hearing was made after a request was filed by the respondent, represented by Adv. Ilan Bombach, and after the parties' responses were submitted.

In her decision, Justice Dafna Barak-Erez wrote: "Given what is stated in the request and the positions of the parties submitted, the hearing on the case will take place today before a panel at 21:00." However, the very fact that the hearing was moved does not mean that the Supreme Court is expected to give a decision this evening. The decision given concerns only the date of the hearing. The panel can hear the parties' arguments, hold a legal discussion, and decide later if and when to give a decision. Therefore, at this stage, it cannot be determined that the ruling on the petition will be given tonight.

At the center of the petition is a significant issue concerning the way the Likud list for the Knesset will be chosen: will incumbent Knesset members, ministers, and deputy ministers be able to run in district and sector slots as well, or will these slots be reserved for candidates who are not incumbent public officials. The petition was filed by MK Afif Abed, and it comes after a prolonged struggle within Likud over changing the primary system.

The holding of the Likud primaries next week is in real danger, a senior Likud source said today following the appeals filed by party figures seeking to challenge the District Court's decision not to allow Knesset members to run in the districts. According to him, if a decision is not reached by the end of the day, it will take about two weeks to prepare for the primaries, which could lead to the complete cancellation of the primaries.

According to the senior official, as was also conveyed to the High Court by Adv. Ilan Bombach, if an answer is not received from the Supreme Court today, it will not be possible to prepare logistically for the primaries, which include 90 voting sites, printing candidate ballots, hiring workers, and more. Due to the tight schedule, the entire holding of the internal elections is in danger, given the fact that September 8 is the deadline for submitting candidate lists to the Central Elections Committee.

The political significance of the issue is great. District slots have been intended over the years to allow new candidates to enter the Likud list by running in a more limited geographical arena. In a system where running on the national list requires obtaining broad support from all party members, running in a district can be a more accessible path for a candidate who holds political power in a certain area. The possibility of opening the districts to Knesset members and ministers as well changes this balance of power significantly.

The issue became a central part of the struggle over the structure of the primaries last summer. On July 13, the Likud Constitution Committee approved a plan for the primaries, which included, among other things, a significant change in the rules of competition. As part of the plan presented by Minister Haim Katz, it was proposed to allow ministers, deputy ministers, and Knesset members to run in district and sector slots as well — slots that were previously intended mainly for new candidates.

This move came against the background of a wider struggle over the composition of the Likud list for the Knesset and the demand of Prime Minister Benjamin Netanyahu to receive eight reserved spots on the list. The Constitution Committee approved the plan, but the final decision was supposed to go to the Likud Central Committee.

Already then it was clear that the clause concerning the districts was particularly sensitive: on one hand, it allows incumbent Knesset members to run for additional slots; on the other hand, it changes the rules of the game for new candidates who had already prepared to run in the districts.

On July 16, a vote was supposed to take place in the Likud Central Committee on the plan. However, shortly before the polls opened, the District Court in Lod issued an injunction that stopped the vote. The reason was legal claims regarding the way the proposals were brought to a vote, including the claim that the counter-proposal of MK David Bitan was not brought before the members of the Central Committee. Following the injunction, the vote was canceled that day. This legal move illustrated how much the struggle over changing the primary rules is no longer just an internal dispute within Likud, but an issue that has reached the legal courts.

After that, the struggles within the party continued, and on July 27, the Likud Central Committee approved the proposed changes. According to reports, about 73% of the Central Committee members supported the overall plan, and one of the central clauses — the one allowing Knesset members, ministers, and deputy ministers to run in the districts — passed with a particularly slim majority. According to reports, the difference was only six votes. The close vote was particularly significant because it opened the door for another legal struggle over the question of whether the decision was made legally and whether there is room to keep it in place.

MK Afif Abed's petition asks the Supreme Court to intervene in the issue, and thus may affect the question of who will be able to run and on which path in the primaries. The procedure in the Supreme Court is not conducted only between Abed and Likud. In the document submitted to the court, a series of respondents appear, including the Likud Supreme Court, Knesset members, and other figures in the party.

Among the representatives appearing in the document: Adv. Guy Bossi on behalf of the appellant, Adv. Aryeh Totiti on behalf of one of the respondents, as well as Adv. Ilan Bombach and Adv. Shelly Levy on behalf of the tenth respondent. The document notes that on August 12, a request was filed to move the date of the hearing, and after it, responses were filed on behalf of the respondents and the appellant.

As mentioned, as part of the plan approved at the end of July, Netanyahu received eight reserved spots on the list, and at the same time, the possibility for Knesset members, ministers, and deputy ministers to run in the districts was approved. The latter clause is what aroused significant opposition and was accepted with a particularly slim majority.

From the perspective of incumbent Knesset members, the possibility of running in the districts may provide an additional path to secure their place on the list. From the perspective of new candidates, the meaning is the opposite: they may find themselves competing against Knesset members and ministers who already hold significant political, media, and organizational power.