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The current year—5730, by the Jewish calendar—was “election year”, and now that the great event has passed and a new Knesset—“the Seventh”—been elected, it may be opportune to give a brief description of our system of parliamentary elections, to consider some of its problems and to see what lessons can be learned.
Knesset elections are governed, primarily, by the provisions of the Basic Law: The Knesset. Under this Law, elections are to be held once every four years. Earlier elections—e.g. when there is no majority to support a government—require special legislation. Elections are general, countrywide, direct, equal, secret and proportional. Detailed provisions are set out in the Knesset Elections Law, 1969. Under this Law, votes are cast for lists of candidates filed by the various competing parties not later than 35 days before the elections. In the final count, the whole country constitutes one election district; all votes are added up and taken into account. However, lists must attract at least one percent of the total of valid votes cast at the elections in order to participate in the division of the Knesset's 120 seats. Such division is effected, first, by dividing the total of valid votes cast for such qualifying lists by 120; then, by allotting each such list as many seats as are arrived at by dividing the total of valid votes cast for it by the quotient so obtained; and finally, by allocating any remaining seats to such lists, one to each respectively, as are left, after such division, with the largest remainders of votes.
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- Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1970
References
1 As distinct from local government elections.
2 Sefer HaHukim No. 244, 1958 (12 L.S.I. 85).
3 Basic Law: The Knesset, sec. 8.
4 Basic Law: The Knesset, sec. 34.
5 Basic Law: The Knesset, sec. 4.
6 Knesset Elections Law, sec. 57.
7 Knesset Elections Law, sec. 81.
8 Some further provisions restricting the right of public officials to take part in election propaganda are contained in the Law of Public Service (Restriction of Party Activity and Fund Raising), 1959.
9 Bergman v. Minister of Finance (1969) (I) 23 P.D. 693. The text of the judgment was published in English translation, with comments, in (1969) 4 Is.L.R. 559.
10 This has always been the opinion of this writer: cf. Justiciability (1966)1 Is.L.R. 55.
11 Sefer HaHukim No. 567, p. 201.
12 Sefer HaHukim No. 568, p. 204.
13 This is not to ignore the important part played by the Ministry of Interior whose main functions concern, however, the preparation of the register of voters and the provision of polling stations.
14 Knesset Elections Law, secs. 16–17. This article reflects the writer's experience and impressions as chairman of last year's Central Election Committee.
15 Knesset Elections Law, sec. 21; Knesset Elections Rules, 1969, r. 12.
16 Knesset Elections Rules, rr. 37–39.
17 Knesset Elections Rules, rr. 40–42.
18 Knesset Elections Rules, rr. 108–118.
19 Including policemen and certain other categories: Knesset Elections Law, secs. 89–95A.
20 Including travellers on such ships: Knesset Elections Law, secs. 96–116. No similar privilege is accorded to Israelis living abroad, nor even to those serving in diplomatic or other government posts.
21 Knesset Elections Law, sec. 79; Knesset Elections Rules, rr. 68 seq.
22 Knesset Elections Law, sec. 78.
23 Some slips had little holes caused by the printing machine, but this was noticed in time and election committees were instructed not to invalidate votes on account of this particular deficiency.
24 In order to participate in the elections, a party not represented in the outgoing Knesset must file 750 signatures of supporters and make a deposit of IL 5,000, to be forfeited if no candidate is returned; Knesset Elections Law: secs. 4, 57 and 60.
25 A symposium on the subject was held in Jerusalem on January 8th, 1970.
26 Knesset Elections Law, sec. 114.
27 Knesset Elections Law, sec. 99.
28 It would have been unfair to count and publish the seamen's votes separately from all others; these envelopes were mixed, therefore, with part of the soldiers' and counted together.
29 Knesset Elections Law, sec. 97.
30 Law for the Knesset and Local Authorities Elections in the Year 5730 (Finance, Restriction and Control of Expenditure), 1969.
31 Further provisions for new parties were made as the result of the litigation mentioned in n. 9 above.
32 The only notable exception being the National Religious Party.
33 Knesset Elections Law, sec. 130.
34 Knesset Elections Law, sec. 92(a)(1).