The law allowing the appointed caretaker mayor of Tiberias to run for office despite previous restrictions is flawed legislation that should not apply to the upcoming October election, the Attorney-General said late Wednesday night as part of a submission by the state to the High Court of Justice.
The Attorney-General's Office held that the law, which allowed appointed caretaker Mayor Boaz Yosef to run for office by reducing a mandatory "cool-down" period for interim mayors to 90 days, should have its constitutionality examined.
The point of the caretakers is that they are professionals that are supposed to remain separate from the local political arena. the attorney-general explained.
The law interferes with the citizens' votes, meddling in the local autonomy of the municipality by inserting a government-appointed candidate. The caretaker has advantages in the election that were not afforded to them by public trust and thereby raises concerns about violations of equality with other candidates.
The Attorney-General held that the legislative process and minutes of the committee discussions showed that the underlying desire of the law was to "change the rules of the game during play". There was a distinct personal element in the passing of the law, said the Attorney-General. Critics have noted that Yosef is an ally of Shas chairman Arye Deri.
State also submitted the position of Interior Minister, Shas MK Moshe Arbel
The state also submitted the position of Interior Minister and Shas MK Moshe Arbel. His team argued that they had weighed all the difficulties of the law in its drafting, and fell on the side of the right to run for office and the freedom of citizens to vote for whom they wished. It was also argued that incumbency offered little advantages. The Interior Ministry challenged the idea that the law "changed the rules of the game during play," since the law was submitted before the registry of candidates for elections.
Similar arguments were filed by the Knesset legal adviser on Wednesday, who also noted that they had suggested that the law's application be deferred to the following election.
A hearing on the law is set for Sunday, following petitions by Anti-Corruption Movement (TLM), the Israeli Movement, the Movement for Quality Government in Israel and Tiberias mayoral candidate Shani Illuz.