Case dismissed on procedural grounds after court says it was filed too late, skipped statutory appeals process and lacked a detailed factual record
JTA – The High Court of Justice on Wednesday dismissed a petition by Israeli expatriates seeking to vote in the October 27 election after discovering they had been excluded from the voter rolls under a little-known Interior Ministry classification that records certain citizens as nonresidents.
The petition was filed by some 100 expatriate Israelis challenging their exclusion from the voter rolls under an Interior Ministry classification known as “Code 51,” which records them as having ceased to be Israeli residents.
The petitioners said they had never asked to give up their status as Israeli residents and questioned the legal authority, criteria and process by which the classification was imposed. Some only discovered the designation when they checked their eligibility ahead of the election.
The court did not resolve that factual dispute, instead dismissing the petition on procedural grounds. Justice Yechiel Kasher said the case was filed too late, a week before the voter registry was due to be finalized, and that the petitioners had not first used the statutory appeals process available to challenge their registration status. The court also said the petition lacked a detailed factual record showing how each of the petitioners came to receive Code 51.
