Alleged Funding of Foreign Influence in the Election: What Could This Mean for the Election Results?

Following the directive issued by the chair of the Central Elections Committee to investigate suspicions of funding and influence by foreign actors, we explain the legal procedures that apply in such cases.

Photo by Yonatan Sindel/Flash90

At the outset, we emphasize the paramount importance of both safeguarding the integrity of elections, which requires investigating any allegation that electoral integrity has been compromised, and maintaining public confidence in the legitimacy of elections and their results. Unfounded claims that elections are unfair can themselves pose a danger to democratic government. We therefore believe that, alongside a serious and thorough investigation of the suspicions, and without compromising that investigation in any way, the Israeli public should be kept informed to the greatest extent possible about the nature and scope of the allegations, the progress of the investigation, and its findings and conclusions.

It is important to distinguish between the criminal investigation, which is significant in its own right, and any potential implications for the election results. Such consequences are rare and are considered through separate legal proceedings, particularly through election appeals filed after the results have been published.

The Alleged Offenses Brought to the Attention of the Central Elections Committee Chair

In his letter to the head of the Israel Security Agency (Shin Bet), the chair of the Central Elections Committee stated that although he was not in a position to assess the substance of the allegations, he had directed that the suspicions be investigated in order to safeguard the integrity of the elections. His remarks suggest that the allegations may concern the following offenses:

Foreign funding. Parliamentary factions and political parties are prohibited from receiving funding, directly or indirectly, except as permitted under the Parties Financing Law. In particular, they may not accept donations from anyone other than an eligible voter. Receiving prohibited funding for party activities, including election campaigning, from foreign actors, for example, therefore constitutes a violation of the Parties Financing Law. The law provides for a one-year prison sentence for knowingly receiving (or making) a donation in violation of its provisions, in addition to financial sanctions imposed on the party.

Importantly, these restrictions also apply to contributions in kind, such as goods provided to political parties. They also apply to funding provided to a "body associated with a faction," meaning an entity, whether incorporated or unincorporated, that the State Comptroller may consider an "arm of the faction" based on criteria set out in the Parties Financing Law.

Election bribery. The Knesset Elections Law provides for a five-year prison sentence for anyone who gives or offers a bribe intended to influence a voter to vote or refrain from voting, whether in the election generally or for a particular candidate list.

Depending on the findings, other offenses may also be implicated, such as violations of the provisions governing a "body active in elections" under the Parties Financing Law.

The Central Elections Committee's Responsibility for Electoral Integrity

The Central Elections Committee is responsible for ensuring that election results reflect the will of the voters and that elections are conducted with integrity. To this end, after the votes have been counted and before the results are published, the committee conducts an audit process to verify the accuracy of the voting results at polling stations. The audit findings may be brought before the chair of the Central Elections Committee for review. The committee may also consider petitions and complaints submitted by other actors. Responsibility for finalizing and publishing the election results rests with the committee chair and deputy chairs, subject to the committee's approval.

In previous cases, where chairs of the Central Elections Committee determined, on the basis of administrative evidence before them, that the results at certain polling stations did not reflect the will of the voters because electoral integrity had been compromised—for example, where the number of ballot envelopes exceeded the number of voters recorded as having voted—they decided to exclude those polling stations from the official election results.

However, the Knesset Elections Law does not authorize the committee to order repeat voting at such polling stations, nor does it empower the committee to initiate criminal investigations. The committee also lacks the authority to independently investigate suspected offenses affecting electoral integrity, such as electoral fraud.

Criminal Law Enforcement

The Israel Police, the Attorney General, and the prosecution authorities are the law enforcement bodies responsible for investigating suspected criminal offenses and filing indictments in matters concerning electoral integrity.

Where the suspicions involve threats originating from foreign actors, the Israel Security Agency (Shin Bet) may also become involved, pursuant to its mandate to protect the democratic system against threats of subversion. Among other things, the General Security Service Law authorizes the agency to investigate suspects and suspected criminal offenses in connection with its responsibility to thwart and prevent unlawful activities intended to undermine the democratic order.

The State Comptroller also has various powers concerning party financing, although these are exercised primarily after the fact. For example, the State Comptroller may determine that a donation to a parliamentary faction or political party constitutes a "prohibited donation," designate a particular entity as a "body associated with a faction," and withhold public funding from political parties.

Implications for the Election Results

Basic Law: The Knesset and the Knesset Elections Law establish a strict timetable for the publication of election results. The Central Elections Committee must publish the results within eight days of Election Day. As explained in a legal opinion prepared for the Israel Democracy Institute by attorney Nasrin Abu Asla, there is no legal basis for the Central Elections Committee to postpone publication of the election results, and it is legally obligated to publish them by the statutory deadline.

However, an election appeal may be filed within 14 days of the publication of the results. Under the Knesset Elections Law, such an appeal may be filed by any member of the Central Elections Committee, any faction in the newly elected Knesset or any member of the Knesset, any candidate list that participated in the elections or any candidate included on such a list, as well as the Attorney General.

An election appeal may argue, among other things, that the elections as a whole or at a particular polling station were not conducted in accordance with the law, or that votes cast for a particular candidate list were obtained unlawfully. This is provided that the alleged irregularity could have affected the election results.

Such appeals are heard by the Jerusalem Administrative Affairs Court. In exceptional circumstances, and for reasons that must be recorded, the court may extend the statutory 14-day deadline for filing an appeal.

The court has the authority to annul the elections in their entirety or at a particular polling station and order that voting be held again on a date it determines. It may also declare that a particular individual was not elected to the Knesset and that another individual was elected in their place, or recalculate the distribution of votes among candidate lists and declare the election results accordingly.

A judgment of the Administrative Affairs Court may be appealed to the Supreme Court on a question of law, provided that the President of the Supreme Court grants leave to appeal. However, if the Administrative Affairs Court orders the annulment of the elections in their entirety, an appeal to the Supreme Court may be filed as of right and on any grounds.

In general, judicial decisions invalidating results at polling stations in Knesset elections are rare, with very few precedents. This is partly because an appellant must demonstrate that the alleged electoral irregularities could have affected the outcome of the elections—that is, the allocation of Knesset seats. This is separate from the question of criminal law enforcement, which, as explained above, is not dependent on these proceedings.

Importantly, election appeals do not delay the convening of the Knesset or the swearing-in of its members, which take place exactly two weeks after Election Day—on November 10, 2026. Nor do they suspend the Knesset's work. Although appeals may lead to changes in the composition of parliamentary factions and the identities of Knesset members, any decision adopted by the Knesset before such changes remains legally valid and is not annulled as a result.