
Judge Solberg Bars Parties From Tracking Who Has Voted, Dealing Blow to Chareidi Election-Day Strategy
In a ruling expected to significantly reshape election-day campaigning in Israel, Central Elections Committee Chairman Justice Noam Solberg ruled Tuesday that party representatives and observers stationed at polling places may no longer report, in real time, which voters have already cast their ballots. The decision is expected to have the greatest impact on the Chareidi parties, which have long relied on such updates to identify supporters who have not yet voted and encourage them to head to the polls.
Justice Solberg ruled that transmitting information about whether a person has voted—as well as details surrounding the vote, such as the time it was cast or the type of polling station involved, including hospital polling stations or those designated for voters with limited mobility—constitutes a violation of personal privacy under Israel’s Privacy Protection Law.
He further determined that while party representatives are permitted to observe the voting process as part of their official duties, Israel’s election laws do not authorize them to relay that information to their political parties for campaign purposes. In the absence of explicit legal authorization, he ruled, such reporting is prohibited.
The decision came in response to a petition filed by attorney Shachar Ben Meir, which was supported by the Privacy Protection Clinic at Tel Aviv University. The petition argued that the widespread practice of party representatives using smartphone apps to instantly report which voters had already cast ballots enabled parties to identify those who had not yet voted and target them with election-day turnout efforts, violating both voters’ privacy and the principle of ballot secrecy.
As part of the proceedings, the Knesset factions were invited to present their positions. Likud, Shas, and United Torah Judaism argued that the longstanding practice did not violate the law, while the Religious Zionism Party joined Likud’s position. The remaining parties did not take a substantive position on the legal question.
In his written decision, Solberg emphasized that information regarding whether someone has voted is private information. He noted that party representatives gain access to that information solely because of their official role at polling stations and may not use it for unrelated political purposes, such as locating supporters who have yet to vote and mobilizing them to the polls. Doing so, he ruled, is inconsistent with the purpose for which the information is made available and therefore violates Israel’s privacy laws.
Justice Solberg stressed that his ruling reflects the current state of Israeli law and should not be viewed as an opinion on what the law ought to be in the future. He also called for a broader legislative review of the relationship between election law and privacy protections, particularly in light of rapid technological advances in recent years.
The ruling does not prevent political parties from using voter information they legally receive from the official voter registry to contact eligible voters. However, that registry does not contain information about whether a person has actually voted on Election Day, meaning parties will no longer be able to rely on live updates from polling stations to identify and contact supporters who have yet to cast their ballots.