Analysis from Israel

It’s still unclear whether Israel’s next election will be in four years or four months. But either way, if the center-right wants a better outcome, it needs to learn the lessons of September’s election. So here are two: First, while center-right voters realize that many things leftists deem “anti-democratic” actually aren’t, they dislike behavior that’s genuinely anti-democratic. Second, though the Arab parties are shunned deservedly, treating all Israeli Arabs as anti-Israel is both wrong and counterproductive.

In April’s election, the nonreligious center-right parties (Likud and Kulanu) won a combined 39 seats running separately. But in September, running together, they won just 32 seats. Moreover, most of those lost votes didn’t stay in the center-right/religious bloc: Though the bloc as a whole lost only five seats, that was mainly because fewer religious Zionist votes were wasted on parties that didn’t make it into the Knesset.

Some voters migrated to Benny Gantz’s Blue and White or Avigdor Lieberman’s Yisrael Beiteinu, now rebranded as an anti-haredi and anti-Netanyahu party. But an estimated three seats’ worth simply stayed home in an election where overall turnout rose.

So why did center-right voters desert? Primarily, because Prime Minister Benjamin Netanyahu crossed lines in the latest campaign that he never crossed before.

I’ve defended Netanyahu for years against false charges of anti-democratic conduct. For instance, there’s nothing undemocratic about the nation-state law, proposals to rein in Israel’s hyper-politicized Supreme Court or requiring NGOs funded mainly by foreign governments to say so openly. But during the latest campaign, he unquestionably adopted undemocratic tactics.

Take, for instance, his claim that Arab voter fraud “stole” April’s election from the right. Undermining faith in the validity of an election is extremely dangerous because no democracy can survive if people don’t trust elections to be free and fair. Thus election results should be called into question only in extreme cases, like the 2013 Beit Shemesh mayoral election, which a court invalidated because massive and well-documented fraud coupled with a very close result made the outcome genuinely dubious.

April’s election, however, produced neither evidence of large-scale fraud nor a close result. In fact, parties explicitly pledged to support a rightist, Netanyahu-led government won 65 of the Knesset’s 120 seats. If Arab voter fraud produced that outcome, Israeli Arabs are the world’s most incompetent fraudsters.

True, Netanyahu nevertheless failed to form a government, but Arabs weren’t responsible for that. The culprits were Lieberman’s abandonment of his pre-election promise to support such a government; Naftali Bennett’s desertion of the main religious Zionist party to start his own, which wasted almost four seats’ worth of votes when it failed to cross the electoral threshold; and Netanyahu’s impending indictments, which made center-left parties unwilling to join his government. In short, he undermined faith in the fairness of Israel’s elections to divert blame for the right’s own failures.

Or consider his proposal to allow cameras in polling stations to monitor voter fraud, which he tried unsuccessfully to ram through the Knesset a week before September’s election. The idea itself wasn’t illegitimate; even some leftists support it in principle. But the timing undeniably was.

Major changes in the rules of the game shouldn’t be made one week before an election, when neither election officials nor the parties have time to prepare properly for their implementation. That’s Democracy 101. Nor should they be hastily passed in a party-line vote without serious consideration.

The same goes for Netanyahu’s desire to enact legislation granting sitting prime ministers immunity from prosecution—something he vowed not to do before April’s election but then demanded during post-election coalition negotiations. Again, the idea itself isn’t illegitimate; many democracies grant immunity to sitting chief executives, including America (the Justice Department’s longstanding position is that sitting presidents can’t be indicted) and France. But such a major systemic change requires careful consideration, especially since Israel, unlike America and France, lacks term limits. It shouldn’t be a party-line decision made solely to save one man from imminent indictment.

Yet Netanyahu’s disregard for democratic norms wasn’t his only problem. He also forgot the critical distinction between the Arab parties and the Arab electorate.

The parties are a collection of Islamists, Communists and radical Palestinian nationalists whose Knesset members actively work to undermine the Jewish state. They at best justify terror and at worst abet it; they spread vicious lies about Israel; they oppose rapprochement between Israel and Arab countries, and support anti-Israel terror groups. They aren’t legitimate partners for any Israeli government, and this must be said clearly.

But most ordinary Israeli Arabs aren’t anti-Israel; in fact, 65 percent say they’re proud to be Israeli. Granted, most oppose Israel’s self-definition as a Jewish state, but they’re nevertheless willing to be good citizens. And while identity politics still drives most to vote for Arab parties, the majority is dissatisfied with those parties. Thus not only do they not deserve to be tarred as enemies, but Israel has an interest in encouraging them to desert the Arab parties.

Instead, Netanyahu drove them straight into those parties’ arms by repeated invective against “Arabs,” which Arab voters naturally interpreted as referring to themselves even when he presumably meant the parties. One over-the-top post on his official Facebook page, for instance, warned that the left would ally with “Arabs who want to destroy us all—women, children and men.”

As a result, 82 percent of Arab voters backed the Arab parties’ Joint List, up from 70 percent in April (when the parties ran two separate tickets), and Arab turnout soared. Those two factors combined to give the Joint List potentially unprecedented clout: Its chairman will become leader of the opposition if a unity government is formed.

That Netanyahu’s behavior didn’t cost Likud even more votes is because he has been a superb prime minister, and above all, because too many Israelis still have traumatic memories of soaring terrorism under other premiers. But as September’s election shows, that alone isn’t enough for victory. If the right wants to win next time, it must resume its traditional regard for genuine democratic principles. And it must stop treating Arab voters as indistinguishable from their parties.

This article was originally syndicated by JNS.org (www.jns.org) on October 10, 2019. © 2019 JNS.org

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Why Israel Needs a Better Political Class

Note: This piece is a response to an essay by Haviv Rettig Gur, which can be found here

Israel’s current political crisis exemplifies the maxim that hard cases make bad law. This case is desperate. Six months after the coronavirus erupted and nine months after the fiscal year began, Israel still lacks both a functioning contact-tracing system and an approved 2020 budget, mainly because Prime Minister Benjamin Netanyahu is more worried about politics than the domestic problems that Israel now confronts. The government’s failure to perform these basic tasks obviously invites the conclusion that civil servants’ far-reaching powers must not only be preserved, but perhaps even increased.

This would be the wrong conclusion. Bureaucrats, especially when they have great power, are vulnerable to the same ills as elected politicians. But unlike politicians, they are completely unaccountable to the public.

That doesn’t mean Haviv Rettig Gur is wrong to deem them indispensable. They provide institutional memory, flesh out elected officials’ policies, and supply information the politicians may not know and options they may not have considered. Yet the current crisis shows in several ways why they neither can nor should substitute for elected politicians.

First, bureaucrats are no less prone to poor judgment than politicians. As evidence, consider Siegal Sadetzki, part of the Netanyahu-led triumvirate that ran Israel’s initial response to the coronavirus. It’s unsurprising that Gur never mentioned Sadetzki even as he lauded the triumvirate’s third member, former Health Ministry Director General Moshe Bar Siman-Tov; she and her fellow Health Ministry staffers are a major reason why Israel still lacks a functional test-and-trace system.

Sadetzki, an epidemiologist, was the ministry’s director of public-health services and the only member of the triumvirate with professional expertise in epidemics (Bar Siman-Tov is an economist). As such, her input was crucial. Yet she adamantly opposed expanding virus testing, even publicly asserting that “Too much testing will increase complacence.” She opposed letting organizations outside the public-health system do lab work for coronavirus tests, even though the system was overwhelmed. She opposed sewage monitoring to track the spread of the virus. And on, and on.

Moreover, even after acknowledging that test-and-trace was necessary, ministry bureaucrats insisted for months that their ministry do the tracing despite its glaringly inadequate manpower. Only in August was the job finally given to the army, which does have the requisite personnel. And the system still isn’t fully operational.

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