The leaflet suggested that husbands could register wives and any children over 18, a breach of the WZO rules[Missing Credit]
Damon Lenszner, deputy co-chair of the AEC and a member of the Herut UK slate, told the JC at the time of EHK’s disqualification that there “wasn’t any chance” of the AEC ruling another way. “According to WZO rules and the election committee's guidelines, we were left with no choice,” Lenszner.
But that decision has now been reversed by a higher authority.
Following EHK’s appeal to the CEC, the committee concluded that there was insufficient evidence of damage caused by the advert to justify the disqualification of the slate.
In its ruling, the CEC wrote: “No one knows whether any person actually registered someone else. Thus, the damage is theoretical.
"The act of violation did not involve actual voting, nor the registration of ineligible voters. The registration process may be flawed, but not the registrants themselves.”
The ruling recognised the swift attempt by EHK to rectify the situation: “Shortly after the violation, Eretz HaKodesh realised the mistake and published correcting ads... The committee believes Eretz HaKodesh did what it could to minimise the damage.
The CEC also claimed that the UK committee had acted without due process and lacked the authority to suspend a slate.
The CEC said it was “doubtful whether the regional election committee has the authority to disqualify a list for violating rules (as opposed to disqualifying ineligible voters or candidates).”
A list of circumstances under which a list can be prevented from participating “does not include violations of candidate registration procedures,” according to the ruling.
In addition, the CEC ruling stated that the UK investigation committee “should have summoned the relevant Eretz HaKodesh official to clarify the violation, its extent, and consequences. Since this was not done, and in absence of other evidence, it must be assumed the damage was theoretical.”
The CEC concluded “unanimously” that AEC UK “took an extreme and disproportionate step of disqualification. The severity is emphasised by the fact that the decision was made by a political majority of rivals. AEC should have shown restraint in such matters.”
Signed by lawyers Mira Amsalem Beit-On and Chagai Siton and Judge Oded Mudrik, the CEC rendered the move by the UK committee as “null and void.”
The AEC could decide to challenge the CEC ruling at the Zionist Supreme Court.
Rabbi Lea Mühlstein, chair of the Zionist Federation UK, said: “We are disappointed by the decision of the Central Election Committee to reverse the democratic decision of the UK Area Election Committee to disqualify Eretz Hakodesh despite the fact that Eretz Hakodesh has never denied breaching the election rules. The Area Election Committee will consult with its members whether to challenge the decision at the Zionist Supreme Court.”
