Analysis from Israel

A perennial Israeli debate erupted anew yesterday, after Prime Minister Benjamin Netanyahu announced that he supported a proposal to extend the franchise to Israelis living abroad. What makes this debate so baffling is that both sides are partly right — meaning it should be easy to strike a compromise somewhere in the middle. But in 62 years, it hasn’t happened.

The proposal put forth by Netanyahu’s largest coalition partner, Yisrael Beiteinu, would allow absentee ballots for anyone who has held a valid Israeli passport for the past 10 years — about 500,000 people. And opponents are right that this is far too broad. First, in terms of sheer numbers, that constitutes 7 percent of the total population and fully 10 percent of eligible voters — a far higher proportion than is the norm in other countries that allow absentee voting.

Moreover, many of the 500,000 people in question have been living abroad full-time for many years. Indeed, you can have a valid Israeli passport for 10 years without setting foot in the country that entire time. Thus people who are not living in Israel and whose daily lives are unaffected by the country’s policies would have a disproportionate impact on the outcome of any election.

This is particularly problematic because Israel is a country at war. Overseas residents are not the ones who will suffer daily rocket fire if a territorial pullout goes wrong, nor will their sons’ lives be at risk if the government launches a military operation. Thus it is completely inappropriate to give them a major voice in electing those who will make such decisions.

Yet at the same time, proponents of absenting voting are right that the current system is irredeemably unfair. Under current law, the only people allowed to vote absentee are sailors and diplomats (and their families). Hence a businessman who lives in Israel year-round but happens to be abroad attending a major trade fair on Election Day cannot vote. Ditto for a professor who has taught for 20 years at an Israeli university but happens to be on sabbatical abroad during election year — unless he is willing to pay $1,000 to fly to Israel for Election Day and cast his ballot there. It is long past time for Israel to stop disenfranchising such citizens.

It is not technically difficult to distinguish permanent overseas residents from Israelis there temporarily, as it was in days gone by. The law could simply require absentee voters to have spent a specified proportion of the past five (or seven or 10) years in Israel, and ballot applications could be checked against border-control data to see if the applicant qualified.

The good news is that whereas Yisrael Beiteinu and Netanyahu’s Likud party largely support the bill, the other two main coalition partners, Labor and Shas, oppose it. That means there’s a chance that the government will at long last pass a reasonable compromise — one that will help those unfairly disenfranchised by current law while excluding those whose homes are permanently overseas.

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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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