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Likud Primary Regulations Face Legal Challenge After Tight Vote

Attorney Yair Gabai petitioned Likud's internal court to invalidate a controversial rule allowing sitting lawmakers to run in regional primary slots. He contends the five-vote margin fell short of a constitutional majority and unfairly disadvantages new candidates.

Israeli Elections Ballots

Following the conclusion of the Likud Party Convention voting, attorney Yair Gabai, a candidate competing in the Jerusalem district primary, filed the first formal legal challenge with the Likud Internal Court regarding newly approved primary regulations.

The petition focuses on a disputed provision that allows incumbent Knesset members, cabinet ministers, and deputy ministers to run in slots reserved for regional electoral districts.

Constitutional Validity and Equality Concerns

The motion seeks an immediate injunction to void the decision and prohibit its application in the upcoming internal election.

Gabai argues that the proposal failed to reach the required constitutional majority needed to alter Likud's internal bylaws. The measure passed by a narrow five-vote margin during the party convention, with 1,678 votes in favor and 1,673 opposed, prompting immediate expectations of legal action from party members.

In addition to procedural grounds, the petition claims the rule creates an unfair advantage that violates equal opportunity standards for non-incumbent candidates.

"Incumbent public officials enter the race with broad public exposure, state-funded budgets, and established political networks",the petition states, arguing that new regional candidates are forced to compete against experienced politicians under unequal conditions for a limited number of spots on the electoral list.

Benjamin Netanyahu; Bitan
Benjamin Netanyahu; Bitan (Photo: Miriam Alster/ Flash90)

Netanyahu's Convention Victories and Reserved Slots

The legal action follows the approval of three major proposals brought to the Likud Convention by Prime Minister Benjamin Netanyahu and Likud Secretariat Chairman Haim Katz. Over 3,400 central committee members, representing nearly 75% of eligible voters, participated in the convention vote.

While the regional district rule passed by a thin margin, Netanyahu secured decisive victories on two other key measures.

Central committee members granted Netanyahu authority to reserve eight slots up to the 29th position on the Likud electoral list by a vote of 2,148 to 1,220. Amendments to the general primary regulations also passed comfortably, with 2,181 votes in favor and 1,193 opposed.

Analysts note that the eight reserved slots significantly reduce available realistic list positions for incumbent lawmakers. If the internal court invalidates the option for incumbents to run in regional districts, sitting Knesset members could find themselves with no alternative path to a realistic spot on the slate.

Internal Legal Battle Ahead

The challenge opens what is expected to be a series of legal proceedings before the Likud Internal Court regarding the convention results.

Given the five-vote margin and ongoing disputes over the vote recount, the provision permitting national lawmakers to compete in regional slots remains the central point of contention within Likud's internal judicial process.

The internal court will now determine whether the measure met the required legal threshold for constitutional approval and whether it can be applied to the upcoming primary season.

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