Knesset Legal Adviser: High Court Ruling Must Be Followed, New Vote for State Comptroller Required

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The Knesset's Legal Adviser, Attorney Sagit Afik, transmitted her formal legal opinion to Knesset Speaker Amir Ohana on Wednesday regarding the obligation to hold a new election for the position of State Comptroller. The opinion was requested following the High Court of Justice ruling mandating a repeat vote.

In her opinion, Afik wrote unambiguously that "the Knesset must comply with the High Court of Justice ruling and hold a new election for the position of State Comptroller as soon as possible, and no later than within two weeks." According to Afik's position, "the legal situation is clear: there is no obstacle to holding an election for the Comptroller even after the Knesset has been dissolved, and in light of the High Court ruling invalidating the vote in which Attorney Michael Ravilo was selected for the position, a new process must be initiated without delay."

The opinion addressed several additional legal dimensions: "Even if the date of the election falls during a recess period, the law requires the Knesset Speaker to convene a special session for the purpose of holding the election. Furthermore, because the legislature left no room for flexibility or discretion — even in circumstances where the Knesset has announced its dissolution — and notwithstanding the established practice whereby an outgoing Knesset exercises restraint and acts only on urgent and necessary matters during an election period, the outgoing Knesset retains full statutory authority with respect to the election of the State Comptroller. This derives from the critical importance of filling the role without interruption, and from the provisions of Section 37 of Basic Law: The Knesset, which governs Knesset continuity."

The legal opinion stands in direct contrast to the position staked out earlier Wednesday by Justice Minister Yariv Levin, who called for the High Court ruling to be disregarded and for no new election to be held. "Attorney Ravilo should simply take office," Levin declared. Coalition Chairman MK Ofir Katz echoed those remarks in similarly unambiguous terms.

Separately, Prime Minister Benjamin Netanyahu and Knesset Speaker Ohana held consultations on the question of a repeat election. According to sources familiar with the discussions, Netanyahu favors the option of successfully re-electing Ravilo through a new vote — rather than outright non-compliance with the High Court ruling.