Attorney-General Yehuda Weinstein recommended on Monday to the Election Committee not to disqualify MK Haneen Zoabi (Balad) and allow her to run in the upcoming January 22 Knesset election.
Likud MK Ofir Akunis gathered the requisite signatures to petition Zoabi's banning earlier this month.
The Attorney-General said that despite the evidence gathered against Zoabi, that he deemed as "disturbing and substantial," it is not enough to disqualify her.
Weinstein also rejected requests from the Election Committee to disqualify United Arab List-Ta’al, Balad and Strong Israel.
Article 7a of the Basic Law: The Knesset says that a party list or an individual candidate cannot reject Israel as a Jewish and democratic state, incite to violence or support armed combat by an enemy state or terror organization against the State of Israel.
The Attorney-General stated that evidence against Balad and UAL-Ta'al does indicate on "disturbing closeness" to rejecting the State of Israel as a Jewish state, as well as indicate on their support in the armed struggle of a terrorist organization. However, the presented evidence is not sufficiently strong to justify disqualifying the two parties.
Addressing the request to disqualify Arieh Eldad and Michael Ben-Ari's new party Strong Israel, Weinstein said the evidence presented is not convincing, clear and unequivocal enough to prove the list rejects the existence of Israel as a democratic state.
Final decisions as to which parties or individuals are disqualified will be released on December 23, one month before the election. The High Court can overturn decisions until January 1.
Although the committee has disqualified parties in recent years, including Balad and UAL-Ta’al in 2009, the High Court of Justice has overturned all such decisions, except for Rabbi Meir Kahane’s Kach party in 1988.
Lahav Harkov contributed to this report.