JERUSALEM — A five-justice High Court of Justice panel held a hearing on June 28, 2026, to address petitions seeking to overturn the election of attorney Michael Rabello as State Comptroller. The court issued a conditional order requiring respondents to explain why the vote, which took place on June 3, should not be annulled over an alleged breach of ballot secrecy.

Allegations arose that coalition Members of Knesset (MKs) photographed or filmed themselves during the decisive second round of the June 3 election. Knesset Speaker Amir Ohana rejected the court's proposal to hold a new vote for state comptroller. The Knesset, Rabello, Likud, and Prime Minister Benjamin Netanyahu denied that any instruction to document votes was proven.

Attorney Yitzhak Bart, representing the Knesset's legal adviser, argued that there was no explicit prohibition on filming in the ballot box. "There is no explicit prohibition on filming in the ballot box," Bart said. He also argued there was no proof of an explicit instruction directing MKs to document their ballots.

Deputy President Noam Sohlberg stated that the common understanding is that the vote should be secret and conducted behind a curtain. "The common sense is that the vote should be secret and there is a curtain," Sohlberg said. He later asked whether the legal requirement of secrecy should simply be removed if MKs are free to publicly disclose their votes after leaving the ballot area. "Ultimately, the test is inside the ballot box," Sohlberg added.

Justice Ruth Ronnen asked if pressure could arise without a formal directive through a social atmosphere where lawmakers who do not record their ballots might be viewed with suspicion. Justice Dafna Barak-Erez asked, "What is the meaning of that?" Barak-Erez also stated, "What is the norm? Maybe things done in the past were not correct." Ronnen later inquired whether the Knesset had an explanation for why lawmakers documented themselves; Bart replied that the Knesset did not have one.

Bart further argued that even if the court rules that photographing a ballot is prohibited, it should not invalidate Rabello's election retroactively. "Even if you decide that it is forbidden to photograph, that is a new rule that was not known," Bart said. "Changing the rules of the game during the game is serious, but changing them after the election and then canceling it is much more serious." Bart cited comparative material, stating that no parliament has a specific prohibition on self-documentation in a secret vote. Justice Dafna Barak-Erez stated that the United States' approach to the limits of freedom of speech differs fundamentally from Israel's.

Michael Rabello was elected in a two-round Knesset vote on June 3, 2026. In the first round, retired Supreme Court Justice Yosef Elron received 60 votes, and Rabello received 57 votes, with both falling short of the required 61-vote majority. The vote was halted and restarted for the second round, in which Rabello won with 61 votes, and Elron received 57 votes. Rabello is Prime Minister Benjamin Netanyahu's longtime lawyer.

During the hearing, Likud MK Tally Gotliv shouted toward the bench. Supreme Court President Isaac Amit asked court security to remove Gotliv after several prior interruptions. Gotliv was allowed to leave the courtroom on her own.