The Supreme Court convened a nine-justice panel on Tuesday to determine whether MK Hanin Zoabi (Joint Arab List) and far-right activist Baruch Marzel should be allowed to run in the March 17 elections despite being disqualified by the Central Elections Committee. Last week, the Central Elections Committee voted in favor taking Zoabi and Marzel off the ballot, saying they were ineligible to run because their past statements and actions were in violation of Basic Law: the Knesset. The law stipulates parties and candidates are prohibited from running if their actions or stated objectives are designed to undo Israel's Jewish and democratic character. The right-wing lawmakers who motioned to disqualify Zoabi, an Israeli Arab MK, said she had voiced outspoken support for an armed struggle against Israel. They noted that her behavior was a form of sedition that is a threat to the state. The hearing on the petition against Marzel was equally tense. Representatives from the Coalition against Racism argued that Marzel was a known sympathizer of the outlawed radical right-wing Kach Party and that he had never publicly denounced Kach's platform. They also said he routinely incited racism. Some 27 members of the committee voted in favor of Zoabi's disqualification, with only six opposed. The motion to disqualify Marzel was passed with a one-vote majority. Under the Knesset Elections Law, the decision has to be approved by the Supreme Court before it takes effect. During Tuesday's hearing, a representative of Attorney General Yehuda Weinstein told the court that the Central Elections Committee went a step too far. "A decision that prohibits someone from seeking a Knesset seat should be made only in the rarest of circumstances, as it is a very extreme measure that is out of the ordinary," said Neta Oren, the attorney general's representative. She said that the state opposed Zoabi's disqualification despite "being presented with very disconcerting evidence suggesting the candidate's activity was just short of illegal." Last year, the state said it was preparing an indictment against Zoabi, saying she had incited racism and insulted public servants while leading a demonstration. Zoabi and others had picketed a Nazareth courthouse to protest the arrest of several Arab rioters in the wake of the brutal murder of Muhammad Abu Khdeir, an Arab teen from east Jerusalem. According to the police, Zoabi accosted Israeli Arab policemen, accused them of being traitors and even called on the crowd to spit on them. During Tuesday's hearing, Zoabi's attorney told the judges that his client and the state were finalizing a plea bargain. Under the proposed deal, the state would drop the incitement charges in exchange for Zoabi pleading guilty to insulting public servants. Weinstein was expected to hold a pretrial hearing for Zoabi on Wednesday to determine whether to go ahead with the indictment. Marzel's attorney told the court that the Kach movement was a defunct organization and that his client "has changed since [the 1990s], and he has steered clear of any crime." The court is expected to hand down a decision in the coming days.
