Sohlberg issues injunction against Satmar org. accused of bribing voters to abstain from election

A petition filed by the Movement for Quality Government alleged that a Satar-affiliated organization offered payments of NIS 200 to haredim who vowed not to vote in the upcoming Knesset elections.

Central Elections Committee Chairman and Supreme Court Deputy Chief Justice Noam Sohlberg issued a temporary injunction on Friday prohibiting the "Shekel HaTahor" (Pure Shekel) organization, affiliated with the Satmar haredi (ultra-Orthodox) community, from granting, offering, or promising money to voters for the purpose of influencing them not to participate in the elections.

The court issued the injunction after the Movement for Quality Government filed a petition.

According to the petition, the association began providing “support payments” of NIS 200 to haredim who declared they would not vote in the upcoming 26th Knesset elections. 

Sohlberg determined that, at this stage, the evidence accompanying the petition indicated “grave concern regarding a violation of the law that strikes at the very core of election laws.” The injunction will remain in effect pending further decision, and proceedings regarding the petition are ongoing.

About 12,000 new registrants recently joined the Shekel HaTahor program and signed a pledge not to participate in the elections. The expected grant for those eligible is approximately NIS 200.

While 12,000 people have newly registered, no data indicates how many individuals may have already received the funds.

Shekel HaTahor also operates similarly outside of election season. It is a support system associated with Satmar that assists institutions and communities that do not receive funding from the state.

The increase in the number of people turning to it is attributed, among other things, to the halting of funding for some Torah institutions. The petition is not directed at this assistance in itself. It was filed following the allegation that money was being given in exchange for an eligible voter’s declaration that they would not cast a ballot.

Offering or giving bribes to voters prohibited under election laws

Section 122 of the Knesset Elections Law prohibits giving or offering a bribe to influence a voter “to vote or refrain from voting.” The prohibition also applies to a bribe intended to cause a voter not to vote, and it is not conditional on the money having already changed hands: the offer of a bribe is also prohibited under the section.

The term "bribe" is also broadly defined in the law. Under Section 123, it may consist of money, something of monetary value, a service, or any other benefit or advantage, and the benefit need not be transferred directly from the giver to the voter.

Section 122 also applies to a voter who accepts or agrees to accept a bribe in exchange for voting or refraining from voting. The offenses fall under the "Corruption and Threats" section of the law and carry a penalty of up to five years in prison.

Satmar’s move is rooted in the Hasidic sect’s long-standing anti-Zionist ideology, which opposes participation in state institutions and Knesset elections.

Satmar is a central force within the anti-Zionist Ultra-Orthodox camp. Unlike Ultra-Orthodox parties that participate in elections and operate within the Knesset, the sect views participation in the state’s political system as ideologically and religiously objectionable. 

The petition currently before Justice Solberg addresses the claim that, in this instance, a financial incentive was attached to this stance: $200 for anyone declaring they would not vote.

Satmar sect previously involved in voter bribery case

This is not the first time such an issue has arisen around the Satmar sect.

Ahead of the 2013 elections, sources involved in Shekel HaTahor reported that the sect intended to pay NIS 100 to anyone who pledged not to vote and handed over their ID card and driver's license on election day.

In the Pines-Paz v. Shas case, the chairman of the Elections Committee at the time, Justice Mishael Cheshin, explained that the purpose of prohibiting election bribery is to ensure that voters make their decisions freely and rationally, rather than under the influence of extraneous considerations and benefits.

The Supreme Court later quoted these remarks in the context of Section 122, emphasizing that the section is intended to protect the voter's freedom of choice.

Solberg issued the injunction under Section 17B of the Elections Law (Methods of Propaganda). The section allows the chairman of the Elections Committee to issue an order preventing the commission or continuation of an offense under Chapter 11 of the Knesset Elections Law, which includes Section 122. In other words, the Committee Chairman may intervene during the election campaign and halt the act at the center of the petition, without waiting for criminal proceedings that might take place after Election Day.

At this stage, this is a temporary injunction. Solberg did not determine that Shekel HaTahor had violated the law, but prohibited it from continuing the activity described in the petition pending further review.

At the time the injunction was issued, Shekel HaTahor had not yet responded to the petition.

As long as the injunction remains in effect, Shekel HaTahor is prohibited from granting, offering, or promising money to influence voters to abstain from voting.

The law stipulates that for purposes of enforcing the injunction, it is considered an order of a court, and its violation could trigger proceedings under the Contempt of Court Ordinance.

The question of whether Shekel HaTahor violated the law will be decided later, after the parties’ arguments have been examined.