Israel has been without a state comptroller for over three months, following the invalidation of Michael Rabello’s election to the position, prompting ongoing legal and parliamentary challenges. The issue took center stage on Monday when Knesset legal adviser Sagit Afik addressed the High Court of Justice, emphasizing the Knesset’s obligation to reconvene and hold a repeat vote for the comptroller post as soon as possible.
Rabello’s election, initially decided on June 3, was nullified by the High Court on July 2 after a unanimous five-justice panel ruled that the secret ballot requirement was breached. The court found evidence that members of the Knesset may have photographed or filmed their ballots during the second round of voting, undermining the integrity of the election. Consequently, the Knesset was ordered to conduct a new vote within a legally reasonable timeframe, ideally before the current legislature’s term concludes following the October 27 general election.
The vacancy arose earlier in July when the previous comptroller, Matanyahu Englman, concluded his seven-year tenure without a successor sworn in. Since then, the State Comptroller’s Office has continued routine operations but lacks the authority to execute critical functions reserved exclusively for the comptroller. These include publishing audit reports, initiating audits, imposing sanctions under election or party-financing laws, and granting protection to whistleblowers under the comptroller’s ombudsman role. The absence of a permanent comptroller means the office is unable to grant legal relief to public employees alleging retaliatory actions for exposing corruption.
Afik urged the Knesset speaker, Amir Ohana, to convene the plenum for the repeat vote immediately. However, the speaker has yet to schedule the session, despite being reminded of the legal mandate. The authority to call the Knesset lies solely with Ohana, who is expected to submit a formal response through private counsel in due course. Following this, the High Court will determine what further action, if any, is necessary regarding the petition filed by attorney Yaron Gadot. The petition seeks a court order compelling Ohana to convene the plenum and complete the election.
Afik outlined several developments that complicate the timing of the vote. Since the original ballot, the Knesset’s composition has shifted due to factional splits, party switches, resignations, and replacements, affecting the makeup of participating MKs. Additionally, the ongoing election campaign and recess concentrate members’ attention on political activities, making scheduling difficult. Although the election must proceed by law even during recess, Afik noted that proper advance notice would be required to facilitate full participation.
Despite these challenges, Afik reiterated that the election process must proceed without unnecessary delay, emphasizing that previous procedural requirements, such as formal consultations with deputy speakers or extended written notice, do not apply to the repeat vote mandated by the court. Also, none of the Knesset factions or deputy speakers have formally requested convening the plenum, according to Afik.
Should the outgoing Knesset complete the vote, it would effectively finalize the contest between Rabello and retired Supreme Court Justice Yosef Elron, who initially led the first voting round but lost the subsequent invalidated round. If the vote is postponed until the next Knesset, legal questions remain over whether the election must restart entirely or simply repeat the second round.
The State Comptroller plays a pivotal role in government oversight and anti-corruption efforts in Israel, making the prolonged vacancy a matter of significant concern among legal and political circles. The situation now rests on procedural decisions and the Knesset’s willingness to resolve the impasse before the current term expires.