INTO THE FRAY: The Arab vote in Israel—legality, morality and security

As the October elections in Israel draw closer, public debate is focusing increasingly on the role of the Arab parties and the Arab electorate in the Jewish nation-state.

This distinction—between party and voter—is important for our discussion and essential to illuminating a frequently misunderstood point in the public debate. This is particularly true in light of rumors that a former senior police officer is planning to join the ranks of the Islamic Ra’am (United Arab List) Party, an affiliate of the Muslim Brotherhood—a move that would presumably obscure the true Islamist nature of the party among certain segments of the electorate.

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‘Arabs flocking to polls in droves’

The question of Arab participation in parliamentary elections in the Jewish state was a major media issue during the 2015 election, when Israeli Prime Minister Benjamin Netanyahu warned: “Arab voters are flocking to the polling stations in droves.”

This declaration was seized upon by anti-Netanyahu elements as somehow being “racist,” purportedly hinting that ballots cast by Arab voters were of lesser value than those cast by Jewish voters—an accusation that seemed to resonate internationally, attracting much criticism of both Netanyahu and Israel. For example, the Obama White House spokesman castigated Netanyahu for the comment, dubbing it a “cynical election day tactic” and a “transparent effort to marginalize Arab-Israeli citizens and their right to participate in their democracy.”

However, the truth was quite different. The appeal was not intended to discourage or diminish the Arab electorate’s right to vote or constrain its right to exercise it, but to encourage the Jewish electorate to exercise its own right to vote.

Indeed, the statement, made in a 28-second video, came in the context of an estimate that the right wing was trailing at the ballot box, which induced Netanyahu to appeal to Likud supporters to get out and vote, stating: “The right-wing government is in danger. Arab voters are flocking to the polling stations in droves. Left-wing organizations are bringing them in buses.” Clearly, this did not involve any racist slur, only grave concern that a right-wing defeat could result in the fate of the Jewish nation-state being determined by non-Jewish factions.

Prohibition on participation in elections

Significantly, the Israeli legislature has made provisions for barring certain parties or lists from participating in Knesset elections.

These are laid out in Israel’s Basic Law: The Knesset.

According to Section 7A of this Basic Law, a list or candidate may be disqualified from running in elections if their goals, actions or statements explicitly or implicitly include one of the following:

In virtually every election, the eligibility of Arab parties and candidates is brought before the Central Elections Committee, the body that adjudicates appeals and reservations regarding who should be permitted and who should be barred from participation in the electoral process.

Almost invariably, the committee’s decisions are appealed to the High Court, which also almost invariably upholds appeals against right-wing candidates, affirming charges those candidates deny, while rejecting committee decisions against Arab parties (Hadash, Ra’am-Ta’al and Balad) or their candidates—despite the fact that charges against them were explicitly or implicitly acknowledged.

Indeed, none of these parties embraces the notion of Israel as the nation-state of the Jewish people, thus clearly violating Section 7A, while several of their members have expressed sympathy for Palestinian terror (“resistance”), in further violation of the law.

A clear pattern of historical bias

For example, in the 2022 election, the Central Elections Committee initially disqualified Balad on the grounds that it openly negated Israel’s character as a Jewish and democratic state. But the Supreme Court unanimously overturned the disqualification, allowing Balad to run. Ra’am and Hadash-Ta’al also participated in the election. Balad ultimately failed to cross the electoral threshold for Knesset membership, while Ra’am and Hadash-Ta’al won seats in the Knesset.

A clear historical pattern has emerged over recent decades.

The Central Elections Committee has on numerous occasions voted to exclude Arab parties, only to have the Supreme Court reverse its decision.

Thus, in 2003, the committee disqualified Balad and Ta’al; the Supreme Court overturned the decisions. In 2009, the committee disqualified Balad and the United Arab List-Ta’al; once again, the Supreme Court overturned the bans.

Perturbingly, more often than not, the High Court rulings blatantly contravene any common-sense interpretation of the law, often expounding contorted, almost oxymoronic arguments for its decisions.

For example, in a 2019 case, the Court held that calling for the realization of the principle of “a state of all its citizens … does not necessarily imply the negation of the State of Israel as a Jewish state.” Go figure!

In the post-Oct. 7 era, in which the vulnerability of the state was so vividly exposed, it is essential to vigorously enforce both the spirit and the letter of Section 7A of Basic Law: The Knesset.

Significantly, the combined parliamentary strength of the Arab parties could rise to 15 mandates out of 120 and could determine whether the next government would be a more resolute right-wing one or a more concessionary left-wing one—and who would be party to critical security decisions, including how to allocate defense spending and whether or not to go to war.

Moreover, in light of the disastrous failures of concessionary policies in recent decades, this is a prospect that bodes ill for the future.

But in this regard, it is crucial to note that disqualifying Arab lists that contravene Section 7A of Basic Law: The Knesset does not imply that individual Arab voters should be disenfranchised or have their individual voting rights infringed upon, merely that they must vote for lists that comply with the law.

After all, it is inconceivable that the future of the Zionist enterprise be determined by anti-Zionist Arab lists ranged together with non-Zionist left-wing parties.

This is an outcome Israel can ill afford.

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