JERUSALEM — Israel's High Court of Justice held a hearing on June 28, 2026, to consider petitions challenging the election of Michael Rabello as State Comptroller. The legal challenge centers on allegations that coalition Members of Knesset (MKs) compromised ballot secrecy during the June 3 election by filming their votes.

The court issued a conditional order demanding that respondents explain why the June 3 election should not be annulled due to the alleged breach of ballot secrecy. The allegations specifically claim that coalition MKs photographed or filmed themselves during the decisive second round of the election. Attorney Yitzhak Bart, representing the Knesset's legal adviser, stated, "There is no explicit prohibition on filming in the ballot box."

Deputy President Noam Sohlberg expressed skepticism regarding the argument that allowing an MK to document a ballot constituted a meaningful matter of freedom of expression. "The common sense is that the vote should be secret and there is a curtain," Sohlberg said. Justice Dafna Barak-Erez questioned the prevailing norms. "What is the meaning of that?" Barak-Erez said. She added, "What is the norm? Maybe things done in the past were not correct."

Bart argued that if the court determines photographing a ballot is prohibited, this ruling should not retroactively invalidate Rabello's election. "Even if you decide that it is forbidden to photograph, that is a new rule that was not known," Bart said. He added, "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, asserting that no parliament has a specific prohibition on self-documentation in a secret vote.

Justice Ruth Ronnen asked the Knesset's representative for an explanation as to why lawmakers documented themselves during the second round of voting. Bart replied that the Knesset did not possess an explanation. Sohlberg questioned whether the legal requirement of secrecy should be removed if MKs are permitted to publicly disclose their votes after exiting the ballot area. "Ultimately, the test is inside the ballot box," Sohlberg said.

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, while Rabello received 57 votes, with both candidates falling short of the required 61-vote majority. During the second round, the vote was halted and later restarted. Rabello ultimately won the second round with 61 votes to Elron's 57 votes. Petitioners contend that the documentation of votes transformed the secret election into a loyalty test. The Knesset, Michael Rabello, Likud, and Benjamin Netanyahu have denied that any instruction to document votes was proven.