Elections Disqualifications Cases
Election Confirmation 50/03, Central Elections Committee v. Azmi Bishara
Election Appeal 131/03, Balad - The National Democratic Assembly. the Central Elections Committee
In mid-12/02, the Attorney General, right-wing MKs and political parties filed motions to the Central Elections Committee (CEC) seeking to ban three Arab MKs, as individual candidates, and three Arab political parties from participating in the 2003 Knesset elections. The disqualification motions were submitted pursuant to 2002 amendments to Section 7A of the Basic Law: The Knesset, relating to the denial of the "Jewish and democratic nature of the state" and "support of terror." Adalah represented all of the Arab political leaders and political party lists before the CEC. Extensive materials were prepared and submitted to the CEC, and later to the Supreme Court, challenging the evidence and the constitutionality of the new law. In late 2002, the CEC voted to ban the NDA and MKs Azmi Bishara and Ahmad Tibi (Ta'al) from participating in the elections; the CEC approved the candidacy of MK 'Abd al-Malek Dahamshe, as well as the participation of the United Arab List and the Democratic Front for Peace and Equality - Ta'al list. Adalah filed an appeal to the Supreme Court against the CEC's decision to disqualify the NDA, and arguments regarding the disqualification of MKs Bishara and Tibi.
Result: An 11-justice Supreme Court panel reviewed the disqualifications and heard Adalah's appeal. In 1/03, the Supreme Court overturned the decisions of the CEC, allowing the NDA and MKs Azmi Bishara and Ahmad Tibi to participate in the elections. In 5/03, the Supreme Court delivered its substantive, written decision on all of the elections disqualifications cases. There was widespread local and international media coverage of these cases prior to the elections, including the major threat posed to the political participation rights of Arab citizens of Israel.
Election Confirmation 11280/02, Central Elections Committee v. Ahmed Tibi;
Election Confirmation 50/03, Central Elections Committee v. Azmi Bishara;
Election Appeal 131/03, Balad – The National Democratic Assembly v. Central Elections Committee
