Hours before the Likud Constitution Committee was set to convene, Attorney Yitzhak Bam, a member of the party's legal committee, issued an unusual ruling criticizing the party's handling of its primary rules process, ordering the movement's legal adviser to respond by 3 p.m. Monday and leaving open the possibility of an emergency hearing later that evening.
The ruling came in response to three petitions filed with the court over the previous 24 hours.
One petition, submitted by Yehuda Sharper and others through Attorney Harel Arnon, seeks to delay the vote on the primary election rules.
A second, filed by MK David Bitan through Attorney Yifat Yefet-Meirovitz, concerns the draft rules he submitted, requests a postponement of the vote, and challenges the eligibility of New Hope members to participate in the ballot.
A third petition, submitted by Tzvial Rubin through Attorney Aviad Reichman, calls for the 2022 primary rules to be included among the alternatives to be considered before the convention.
The petitioners argue that the Constitution Committee failed to comply with the court's July 3 ruling and the extension it was later granted. Although the convention is scheduled to meet on Tuesday, the draft primary rules have not yet been published, and convention delegates have not received the proposals they are expected to vote on.
In his ruling, Bam wrote that "despite the court's decision... the Constitution Committee has still not completed its work," adding that the draft rules should have been ready by Sunday to allow delegates sufficient time to review them.
"We have reached July 13, and there is no draft rules proposal, and the Constitution Committee meeting is scheduled for midday," he wrote. "It is difficult to accept this reality. The convention is the body that approves the rules, and not a blank stamp."
The ruling suggests that convention delegates must be given sufficient time to examine competing proposals before voting, raising questions over whether presenting a final version at the last minute would undermine the convention's role.
Demand to keep 2022 primary rules
At the center of the petitions is the demand that the 2022 primary rules remain in force if the Constitution Committee does not complete its work on time. Alternatively, the petitioners seek to allow the convention to consider proposals that were not examined by the Constitution Committee.
Bam also asked the movement's legal adviser to address whether the convention could vote separately on disputed issues rather than choosing between complete rules packages.
Under such a framework, delegates could separately decide issues including the number of reserved slots allocated to party chairman Prime Minister Benjamin Netanyahu, whether incumbent Knesset members may compete in district races, and other provisions governing the structure of the primaries.
The court also requested clarification on whether such a procedure would be permitted under the Likud constitution.
The ruling also addresses Bitan's proposal, asking the legal adviser to examine whether it could be brought directly before the convention if the Constitution Committee declines to discuss it.
Such a move could allow Bitan to present his proposal without the backing of Constitution Committee Chairman Haim Katz or its inclusion in the committee's final draft.
Bitan's proposal calls for primaries among all party members, nine electoral districts, and five reserved slots for Netanyahu in the second, sixth, 16th, 39th and 48th positions on the party list. It also includes a mechanism guaranteeing female representation in each of the first five deciles, along with additional representation provisions.
Bitan's petition also seeks to postpone the vote and challenges the eligibility of former New Hope members to participate in the convention, an issue that could affect the composition of the electorate and the outcome of the vote.
Reserved slots for the party chairman
Bam additionally revisited the issue of reserved slots for the party chairman, writing that while previous disputes focused on the number of reserved positions, the practice itself may raise constitutional concerns.
According to Bam, the number of reserved slots has grown with each primary cycle, potentially conflicting with the Likud constitution, which serves as the party's governing document under the Parties Law.
He noted that he had previously been in the minority on the issue but added, "I fear the line has been crossed," signaling that the court may eventually have to address whether expanding the chairman's quota requires a formal constitutional amendment.
At this stage, the court has not halted the Constitution Committee's work or issued an injunction. Instead, it ordered the movement's legal adviser to submit a response addressing all the petitions by 3 p.m. Monday and instructed the parties to prepare for an emergency Zoom hearing later that evening.
The legal dispute comes as Likud leaders remain deadlocked over the party's primary rules despite days of negotiations involving Netanyahu, Katz, Bitan and other senior party figures.
Several competing proposals remain under discussion, including a primary model with additional reserved slots for Netanyahu, a proposal incorporating a selection committee, the so-called "triple method," and Bitan's plan.
The court's ruling could ultimately affect not only the timetable for approving the rules, but also which proposals reach the convention and how delegates vote on them.