High Court Hears Petition on Real-Time Polling Turnout Data Sharing

The High Court of Justice heard a petition on Wednesday challenging a decision that permits polling station committee members and observers to transmit real-time voter turnout data to political party headquarters.

The petition, filed by the Israel Democracy Guard association, targeted a clarification letter issued on October 14 by Dean Livne, acting director-general of the Central Elections Committee. The directive was issued following a request by attorney Ilan Bombach, representing the "Likud" party, and allows numerical turnout data to be shared with parties, excluding personal voter information.

At the opening of the hearing, Justices David Mintz, Khaled Kabub, and Ruth Ronen issued a conditional order. The justices emphasized that this procedural step was taken solely for reasons of efficiency ahead of the upcoming elections, without expressing a final view on the merits of the case.

Justice Kabub questioned the sharp departure from the previous arrangement, under which the Central Elections Committee published aggregate turnout data four times a day. Addressing Bombach, Kabub stated: "In my view, this is not a clarification. Comparing updates provided by the Central Elections Committee according to the committee chairman's decision, to granting permission to every single observer at every polling station across the State of Israel, is a fundamental difference." He warned against an overwhelming surge of reports rather than the standard four daily updates.

Representing the state and the Central Elections Committee, attorney Avi Milikovsky argued that the information transfer serves two purposes: supervision and control of the election process, and voter mobilization. He offered an example where zero turnout at a specific station could prompt a party representative to check for road blockages or other obstructions preventing voters from reaching the booths.

However, the explanation failed to convince the bench. "He can turn to the Central Elections Committee," Kabub responded. Justice Ronen added: "He can also turn to the Israel Police, what does the party have to do with it?"

Justice Mintz highlighted the political objective behind transmitting the data, noting that party representatives report back to their factions primarily to spur turnout in areas where they expect high support. Milikovsky acknowledged that voter mobilization is indeed one of the intended functions of the data transfer, stating he was not acting naively about its political utility.

Representing the petitioner, attorney Yuval Yoaz argued that a previous High Court ruling established that polling station members fulfill a public function and therefore lack the authority to channel data directly to political parties without explicit statutory backing. "A purpose does not generate authority, no matter how important that purpose may be," Yoaz emphasized.

In his arguments for "Likud", attorney Bombach maintained that the decision merely clarified existing conditions rather than altering the law, warning that restricting data flow would hinder parties' mobilization efforts. He also noted that the clarification had the backing of the Central Elections Committee chairman, Supreme Court Justice Noam Solberg.

The justices further raised concerns regarding equality among political parties, questioning how smaller or newly established factions without dedicated polling station representatives could access comparable real-time figures. Milikovsky replied that election laws inherently differentiate between large and small parties.