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Election Law Ruling

Smotrich Barred from Memorial Event Speech

Judge Noam Solberg partially upheld a petition against the "3rd of Elul" commemoration, citing concerns over one-sided political campaigning at a municipally funded gathering

Smotrich

Judge Noam Solberg, who chairs Israel's Central Elections Committee, issued a ruling Sunday partially granting a petition against the "3rd of Elul: Saluting the Path" events scheduled at Binyanei Ha'uma in Jerusalem. The gathering marks the yahrzeit (anniversary of death) of Rabbi Abraham Isaac Kook, the first Ashkenazi chief rabbi of British Mandatory Palestine. At the heart of the decision is Finance Minister Bezalel Smotrich's appearance in a promotional video for the event.

Petitioner Kobi Eisen argued that featuring Smotrich in the video during an election period, as part of an event funded by public money, constitutes prohibited campaign advertising. According to the ruling, Jerusalem Municipality's Department of Torah Culture is contributing at least 5,942,716 shekels to the event, and may be its sole funder.

The municipality claimed the promotional video was produced by an outside party. Solberg rejected the relevance of this defense, determining that Smotrich's appearance in the video presents him as a "known, desirable and leading" public figure in a manner likely to influence voters toward the party he heads.

Event organizers did not present the full program to the Elections Committee, leaving unclear whether Smotrich or other elected officials would appear on stage. The judge emphasized that during election periods, the prohibition on using public resources for campaign purposes is particularly strict.

"At events funded by a local authority in these days, one cannot permit the appearance of elected officials and candidates from only one party; it seems that even two is too few," Solberg ruled.

He added: "Only a diversity of speakers—not just planned speakers, but also 'spontaneous' speakers—from different parties, preferably also from different streams, will diminish the impression of one-sided election campaigning."

The practical effect of the ruling is that Smotrich cannot receive an exclusive political platform at the municipality-funded event without representation of elected officials and candidates from additional parties and political streams. Solberg stressed that his words should not be interpreted as an invitation to improvised political speeches, and that responsibility for preventing election campaigning rests with the organizers.

The Elections Committee chair concluded by stating that the petition is partially granted, that the promotional video must be corrected, and that the boundaries of what is permitted and prohibited regarding participation in the conference have been clarified.

No order for costs was issued.

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