Central Elections Committee

In 1985, the Knesset approved a law which, for the first time, allowed the committee to disqualify a party list on the grounds of its ideological platform. The law allowed the committee to bar parties from elections that negate the existence of Israel as a Jewish and democratic state, made incitements to racism, or supported the armed struggle of an enemy state or terrorist organization against the state of Israel.[2] The first provision, dealing with the existence of Israel as a Jewish state, has been the most controversial since it is possible that parties favoring a one-state solution could be banned under it.

The committee decided to ban the Progressive List for Peace (PLP) and the Kach Party in 1988. The former was banned for allegedly negating the existence of Israel as a Jewish and democratic state; the latter party was banned because of incitements to racism. The Supreme Court of Israel sustained the ban against Kach, but overturned the ban on the PLP reasoning that it was impossible to determine that "the real, central and active purpose [of the list] is to bring about the elimination of the State of Israel as the state of the Jewish people".[2]

In 2003, Likud MK Michael Eitan initiated a move to ban the Ta'al Party from participating in that year's Knesset elections. MK Michael Kleiner, the leader of the right-wing Herut Party, initiated a similar move against the Balad Party, arguing that Balad was "a cover-up for illegal activity" and that it "supports terror organizations, identifies with the enemy and acts against Israel as a Jewish and democratic state".[3]

The Central Elections Committee proceeded to vote by a one-vote majority to disqualify Balad and Ta'al lists from the elections. Supreme Court Justice Michael Cheshin, who chaired the committee, voted against the ban, stating that there was insufficient evidence to sustain the claims against the parties and individuals within those parties, but also said that Balad's leader Azmi Bishara's past expressions of support of the militant pro-Iranian Hezbollah in Lebanon had angered him.[4]

The bans were appealed to the Israeli Supreme Court, where the Court unanimously overturned the bans on the Ta'al list and party leader Ahmad Tibi. The Court also overturned the ban on Balad and party leader Azmi Bishara by a 7-4 majority.[5]

On 12 January 2009 the Committee voted to ban two Arab political parties, Balad and the United Arab List—Ta'al, from participating in the February elections. The vote to ban Balad from the elections passed 26–3 with one abstention; that to disqualify UAL—Ta'al passed 21–3 with eight abstentions.[6]

The measure was proposed by the Yisrael Beiteinu party, the leader of which, Avigdor Liberman, accused Ahmad Tibi of being part of a fifth column.[7] Lieberman stated that "The next step is to declare Balad illegal because it's a terror organisation that seeks to hurt Israel."[8]

Jamal Zahalka, chairman of Balad, warned that the decision would lead to a deeper crisis between Israel's Jewish and Arab citizens.

On 21 January 2009, the Supreme Court overturned the ban.[9]