Court on Thursday ordered new elections in Beit Shemesh and nullified the
October election results due to massive and systematic fraud.
chairman MK Arye Deri announced Thursday on afternoon that incumbent Mayor Moshe
Abutbul of the Shas Party would appeal the decision to the Supreme
The unprecedented decision, which also applies to city council, is
certain to set off a new round of conflict in a city mired by disputes between
the supporters of the ultra-Orthodox Abutbul and his challenger, Eli Cohen, who
represents a coalition of secular and religious-Zionist
According to the law, Interior Minister Gideon Sa’ar will set
the date for new elections that must be within 120 days of either Thursday’s
decision or the end of any appeal.
Abutbul has 14 days to decide whether
As a result, the re-vote might not be for several months, as
even fast-tracked appeals to the Supreme Court take time.
the Hebrew University of Jerusalem’s Prof. Barak Medina, because of the
unusual situation, Abutbul would first need to get permission from the Supreme
Court to appeal, followed, if he is granted permission, by a separate appeal
Thursday’s three-judge panel – David Heshin, Moshe Sobel and
Yigal Marzel – said it agreed with Cohen and Attorney-General Yehuda Weinstein
that the elections were substantially deficient enough, with practically a
“fraud industry” and a planned and widespread- enough phenomenon of fraud, that
a vote free of massive fraud could have yielded a different
Noting that election day is supposed to “celebrate democracy,”
the court said the “heavy shadow” over the process was such that democracy could
only be affirmed by “returning the issue to the voter – so that he can have his
It sided with the state on the central issue of what standard of
proof to apply for proving fraud, noting the court proceeding were
administrative, as opposed to a trial. Therefore, certain police evidence, even
if it were incomplete and might not have been acceptable in a regular trial,
could be accepted by the court.
Accordingly, it applied the “balance of
the probabilities” standard, which is closer to the lower civil law standard of
proof of “more likely than not” than the much higher criminal law standard of
proof of “beyond a reasonable doubt.”
Moreover, the court found that one
of Abutbul’s campaign advisers, and many supporters, had received and sent text
messages indicating likely knowledge and involvement in the fraud scheme,
including phrases such as “They’ve caught us,” when police arrested
Weinstein’s appeal won despite potential setbacks for the state in
an interim decision issued on December 10.
Though the setbacks had
included the court ordering the state to give the exact number of proven
fraudulent votes it would consider the threshold for mandating overturning the
election, instead of focusing on the general picture of systematic fraud having
taken place, the state prevailed on Thursday.
Abutbul won the
now-nullified October 29 runoff race by a razor-thin margin of 956
On appeal, Weinstein had implied that the significant arrests and the 828 votes that had already been
disqualified as problematic endangered the faith of Beit Shemesh residents
enough that their democratic rights were being trampled.
mentioned two police busts of centers for voter fraud, producing 161 fraudulent
voter registrations (based on the number of identity cards
According to Weinstein, suspects in the fraud had said they
knew of a “target” goal of paying between 1,000 and 1,700 “enthusiasts” to vote
in favor of Abutbul and his party’s slate, and had heard of a bag holding 500
identity cards to be used to vote illegally.
Cohen’s stance was even more
aggressive: “Math does not capture by itself the fraud committed and the damage
to democracy in Beit Shemesh,” and on election day, there had been intimidation
and “terror in the streets against supporters of Cohen.”
Weinroth, representing Abutbul, had thundered away at the state and Cohen,
saying “there is no real evidence in this case,” calling the state’s evidence
“hearsay” and satirizing the evidence as a string of rumors and conversations
between several people that could not prove anything in a
Weinroth quoted case law that he said proved the court must
judge the evidence in the case according to the beyond-a-reasonable- doubt
standard used in criminal cases.
But the state’s arguments prevailed,
ushering in a new election for Beit Shemesh that promises to be at least as
explosive as the now overturned vote.
Jeremy Sharon contributed to this