The United Right on Monday sent an urgent request to the chairman of the Central Elections Committee, Judge Hanan Meltzer, to update the party's list after the dismissal of Dr. Michael Ben-Ari's candidacy by the High Court of Justice.
The petition, signed by Jewish Home Chairman Rabbi Rafi Peretz and Chairman of the National Union, Bezalel Smotrich, said that despite the fact that the date stipulated in the law for submission of the lists passed, the complex legal situation created by the ruling should be taken into account and that Attorney Itamar Ben-Gvir be moved up to fifth place on the list.
"As you know, in an unusual move, the High Court of Justice rejected the candidacy of Dr. Michael Ben-Ari, who is currently in fifth place on the list. This invalidation of an impressive candidate from [a list] of multiple parties greatly harms the representation of Otzma Yehudit in the Knesset and could have an adverse effect on the outcome of the elections, which is inconceivable," the two faction leaders wrote.
They added that "the right to vote and to be elected is a basic constitutional right and to prevent the representation of part of the population is a violation of this basic right. Due to the complex legal situation created as a result of the ruling, even though the date stipulated in the law for submission of the lists has passed, as has the date set forth in the law in which the Elections Committee is required to approve the list of candidates on the list, the name and the letters as required by law have not yet passed, and in any case the list has not received its final approval."
"Therefore, we would like to amend the list of candidates so that Dr. Ben-Ari will be replaced by the No. 8 on the list, Attorney Itamar Ben-Gvir, and in the eighth place on the list will Yitzhak Shimon Wasserloff, a representative of Otzma Yehudit who is currently No. 39. In this way, representation will be preserved as was agreed between the parties," they wrote.
"There is no doubt that strict adherence to the provisions of the law regarding the date of submission of the lists is not equivalent to the fundamental violation of the constitutional right to be elected to the Knesset, since the High Court's decision overturned the decision of the Elections Committee that you headed and the fact that it was not reasonable at the time of the submission of the lists to that Dr. Ben Ari would be disqualified." they concluded.