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Law for the Postponement of the General Elections to Local Authorities, 5784-2023

חוק לדחיית הבחירות הכלליות לרשויות המקומיות, תשפ"ד-2023

Published: 2023-10-24Consolidated Hebrew text as of 2024-07-08 · Last amended 2024-07-07✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Postponement of the General Elections to Local Authorities§

1.
(a)Notwithstanding the provisions of Section 4 of the Local Authorities (Elections) Law, 5725-1965, and Section 3 of the Regional Councils (Date of General Elections) Law, 5754-1994, the elections under those sections that were scheduled to be held on the 16th of Heshvan 5784 (31 October 2023) (in this Law – the original date) are postponed, and they shall be held on the 20th of Shevat 5784 (30 January 2024) (in this Law – the new date).
(b)Notwithstanding the provisions of subsection (a), the Government may, by Order, postpone the new date to the 18th of Adar I 5784 (27 February 2024) (hereinafter – the postponed date), if it is satisfied that special circumstances exist that prevent the holding of elections in their time; an Order as aforesaid requires the approval of the Knesset, after it has received the recommendation of the Interior and Environmental Protection Committee of the Knesset adopted by a majority of three-quarters of its members; an Order as aforesaid shall be submitted to the Interior and Environmental Protection Committee of the Knesset no later than the 19th of Tevet 5784 (31 December 2023).
(c)If an Order as aforesaid in subsection (b) is made, this Law shall be read everywhere as if instead of "the new date" it said "the postponed date".

Preservation of Actions and Dates§

2.
(a)Any action that was lawfully performed and in its time before the commencement of this Law, in preparation for the elections that were scheduled to be held on the original date, pursuant to a provision in a legislative instrument relating to elections to local authorities and to every matter connected therewith, shall remain in force.
(b)Nothing in the provisions of section 1 shall determine another date for an action for which a date for its performance was set pursuant to a provision in a legislative instrument as aforesaid in subsection (a), in preparation for the elections that were scheduled to be held on the original date, and the date for its performance had elapsed before the 1st of Heshvan 5784 (16 October 2023).
(c)Every period that commenced pursuant to a provision in a legislative instrument as aforesaid in subsection (a) and did not end before the commencement date of this Law is hereby extended until the date of its conclusion according to the new date.

Petition regarding Lists and Candidates§

3.

Notwithstanding the provisions of section 2, with respect to a petition to which the provisions of section 42(c) of the Local Authorities (Elections) Law, 5725-1965 (hereinafter – the Elections Law) apply, in connection with elections to be held on the new date, the following provisions shall apply:

(1)it may be submitted no later than the 16th of Kislev 5784 (29 November 2023);
(2)section 42(c) of the said Law shall be read such that instead of "from the 14th day before election day" there shall come "from the 23rd of Kislev 5784 (6 December 2023)", and instead of "from the seventh day before election day" there shall come "from the 3rd of Tevet 5784 (15 December 2023)".

Compensation of the Estate of Candidates in Elections§

4.
(a)The State Treasury shall compensate the estate of a candidate in elections to the head of a regional council who has been recognised as a casualty of Israel's military campaigns or as a person who died as a result of a hostile act injury in connection with the special security situation, for election expenses actually and lawfully incurred by the candidate in respect of the upcoming general elections to local authorities, less advances received pursuant to the Elections Financing Law, if received, in an amount not exceeding the amount of funding he would have received pursuant to section 7(a1) of the Elections Financing Law had he received all valid votes; the provisions of section 25 of the Elections Financing Law shall apply to compensation as aforesaid.
(b)Notwithstanding the provisions of the Elections Financing Law, representatives pursuant to the said Law of a candidate as aforesaid in subsection (a) shall submit to the State Comptroller the candidate's accounts and a financial report in respect of the election period; the State Comptroller shall prepare, within 30 days of the date of submission as aforesaid, a report pursuant to section 23 of the Elections Financing Law in respect of that candidate, and shall deliver it to the Minister of the Interior.
(c)Compensation as aforesaid in subsection (a) shall be paid to the estate of the candidate as aforesaid in that subsection immediately after the delivery of the State Comptroller's report as aforesaid in subsection (b).
(d)In this section –

"election expenses" – as defined in the Elections Financing Law;

"Elections Financing Law" – the Local Authorities (Elections Financing) Law, 5753-1993;

"the special security situation" – the security situation prevailing in the State on account of which a special situation in the rear was declared, as defined in the Civil Defence Law, 5711-1951, on the 22nd of Tishrei 5784 (7 October 2023).

Payment to Candidates, Factions and Lists in Local Authorities in which the Elections Were Postponed Beyond the Postponed Date§

4a.
(a)The State Treasury shall pay to a faction or list in a local authority, or to a candidate for the head of a regional council, who competed in elections that were scheduled to be held on the original date and were not held on the postponed date, an amount equal to the election expenses actually and lawfully incurred by them in respect of those elections, provided that the said amount shall not exceed 75% of the funding amount pursuant to section 6 of the Elections Financing Law, as it stood on the original date (in this section – the funding amount), for each of the factions or lists or for each of the candidates, as the case may be, and in accordance with the provisions of this section; from the payment amount, advances paid pursuant to section 10 of the Elections Financing Law shall be deducted, if paid.
(b)If the total amount payable to all factions, lists and candidates pursuant to subsection (a) exceeds 115% of the funding amount in all local authorities in which elections were scheduled to be held on the original date and were not held on the postponed date, the payment amount to which each faction, list or candidate is entitled, as the case may be, shall be reduced by an equal rate, such that the total amount payable shall not exceed 115% of the total funding amount as aforesaid.
(c)A precondition for payment pursuant to this section is that within 30 days of the date of publication of the Law for the Postponement of the General Elections to Local Authorities (Amendment No. 2), 5784-2024, the faction, list or candidate, as the case may be, shall have fulfilled the following conditions:
(1)submitted to the Minister of the Interior a request signed by the representative of the faction or list, as the meaning thereof in the Elections Financing Law, or by the candidate, as the case may be, together with the particulars and documents detailed in sections 11(a)(2) to (5), 12(a) or 12a(a) of the Elections Financing Law, as the case may be; the provisions of sections 11(b), 12(b) or 12a(b) of the Elections Financing Law shall apply to the request, with the necessary modifications;
(2)submitted to the State Comptroller the accounts of the faction, list or candidate and a financial report in respect of the election period, together with an auditor's opinion, as aforesaid in section 22 of the Elections Financing Law, however the provisions of the said section regarding the late receipt of the accounts and financial report shall not apply.
(d)The State Comptroller shall prepare, within three months of the end of the date referred to in subsection (c), a report on the accounts referred to in subsection (c)(2), with reference to the auditor's opinion referred to therein and based on supplementary examinations and inquiries that he found appropriate to conduct, and in it he shall indicate whether the faction, list or candidate, as the case may be, maintained an accounting system in accordance with his guidelines, and shall also indicate the election expenses actually and lawfully incurred; the State Comptroller shall deliver a copy of the report to the Minister of the Interior.
(e)If the State Comptroller determined in a report as aforesaid in subsection (d) that the faction, list or candidate –
(1)did not maintain the accounting system in accordance with his guidelines – the payment amount shall be reduced by 15%;
(2)maintained the accounting system in accordance with his guidelines, but without full adherence thereto – he may determine that the payment amount shall be reduced by a rate to be determined by him that shall not exceed 15% of the payment amount.
(f)If the faction, list or candidate fulfilled the provisions of subsection (c), upon the expiry of the date referred to in that subsection, an amount equivalent to 75% of the payment amount as aforesaid in subsection (a) or (b) shall be paid, and the calculation of the payment amount for this purpose shall be according to the amount of expenses stated in the financial report pursuant to subsection (c).
(g)Upon the delivery of the State Comptroller's report as aforesaid in subsection (d), the payment amount as aforesaid in subsection (a) or (b) shall be paid in accordance with the expenses determined in the State Comptroller's report, subject to the State Comptroller's determinations pursuant to subsection (e), and less the amount paid pursuant to subsection (f).
(h)If the amount paid pursuant to subsection (f) exceeds the amount to be paid pursuant to subsection (g), the Minister of the Interior shall demand the balance from the recipient of the payment and from any person who is his representative, and their liability shall be joint and several; if the balance is not paid within 45 days of the date on which the Minister's written demand as aforesaid was sent, the provisions of the Fines, Fees and Costs Collection Authority Law, 5755-1995, shall apply to its collection, and for the purposes of the said Law the balance shall be regarded as a debt and the person from whom it was demanded as aforesaid shall be regarded as a debtor.
(i)The provisions of sections 25 and 26 of the Elections Financing Law shall apply, with the necessary modifications, to a payment pursuant to this section.
(j)Notwithstanding the provisions of section 16(b)(1) of the Elections Financing Law, a faction, list or candidate for the head of a regional council may receive a donation as aforesaid in that section during the period from the date of publication of the Law for the Postponement of the General Elections to Local Authorities (Amendment No. 2), 5784-2024, until the upcoming elections in the local authority in which they are competing, even if they received during the period between the last elections held in that local authority and the postponed date a donation as aforesaid from the same person or his household members who are dependent on him.
(k)In this section –

"election expenses" – as defined in the Elections Financing Law;

"Elections Financing Law" – the Local Authorities (Elections Financing) Law, 5753-1993;

"faction" and "list" – as defined in the Elections Financing Law;

"election period" – the period from the determining day as defined in the Elections Financing Law until the 13th of Adar I 5784 (22 February 2024), and for this purpose the definition of "determining day" shall be read such that everywhere, instead of "election day" there shall come "the original date as defined in the Law for the Postponement of the General Elections to Local Authorities, 5784-2023".

Limitation of the Obligation to Go on Leave§

5.
(a)With respect to the elections to be held on the new date, notwithstanding the provisions of sections 42b and 75(a) of the Elections Law, during the period from the original date until the 30th day before the new date, a candidate shall not be required to go on leave or to temporarily cease his service solely by reason of being a candidate; a candidate who went on leave or whose service was ceased as aforesaid before the original date and who requested to return to his work or service by virtue of the provisions of this subsection shall be returned to his work or service, as the case may be, immediately.
(b)The provisions of subsection (a) shall not apply with respect to a candidate who is an employee of a local authority competing in elections to that local authority.
(c)Nothing in the provisions of this section shall derogate from the prohibition on an action that gives rise to a concern of a conflict of interests and from prohibitions and restrictions on election campaigning in accordance with the provisions of any law.

Candidates Who Went on Unpaid Leave or Resigned§

6.
(a)
(1)A candidate who, as a result of the postponement of the date of elections to local authorities pursuant to this Law, is required under the provisions of any law to go on leave or whose service is temporarily ceased during the period from the original date until the new date, in whole or in part, is entitled to a special payment from his employer for the period during which he was on unpaid leave or his service was ceased as aforesaid (hereinafter – the additional period), at the rate of 70% of the determining wage, and not more than NIS 11,870 per month (hereinafter – special payment);
(2)The special payment shall be paid to the candidate for each month of the additional period on the day on which his salary in respect of that month would have been paid had he worked for his employer or served in his position;
(3)In this section –

"National Insurance Law" – the National Insurance Law [Consolidated Version], 5755-1995;

"determining wage" – the amount of income in respect of which national insurance contributions are due as the meaning thereof in the National Insurance Law, received by the candidate from his employer in the three months preceding the date of his departure on leave or the date of the cessation of his service, before the original date, divided by three.

(b)A candidate's stay on unpaid leave or in a cessation of his service as aforesaid during the additional period shall not affect his rights dependent on his seniority with his employer; for the purpose of entitlement to a benefit pursuant to the National Insurance Law, the additional period shall be taken into account in the calculation of a qualifying period, and the amount of the benefit shall be calculated in accordance with the wage received by the candidate before his departure on unpaid leave or the cessation of his service, as the case may be.
(c)A candidate as aforesaid in subsection (a) who was accustomed to making payments to a pension provident fund and is entitled to a special payment from his employer as aforesaid in that subsection, his employer shall continue to make payments as aforesaid in respect of the additional period, provided that the candidate paid in respect of the additional period the payments applicable to him, if applicable, to secure the said rights, all at the rates and in accordance with the wage received by the candidate before he departed on unpaid leave or his service was ceased; in this subsection, "pension provident fund" – as defined in the Financial Services Supervision Law (Provident Funds), 5765-2005.
(d)With respect to a candidate as aforesaid in subsection (a) whose pension arrangement applicable to him is the payment of a pension, pursuant to law or agreement, from the State Treasury or from the employer's fund (in this subsection – budgetary pension arrangement), the following provisions shall apply:
(1)the period of the candidate's stay on unpaid leave or in a cessation of his service during the additional period shall be taken into account with respect to his period of service for the purpose of the budgetary pension arrangement applicable to him;
(2)the employer shall deduct from the special payment payments pursuant to the provisions of Chapter XVI of the Law for the Economic Recovery Plan of Israel (Legislative Amendments for Achieving Budget Targets and Economic Policy for the Fiscal Years 2003 and 2004), 5763-2003, in the amount that would have been deducted had the employee been paid each month, during the entire additional period, a determining salary, as the meaning thereof in the said Law, equivalent to his last determining salary according to which a deduction was made in accordance with the provisions of the said Law.
(e)The provisions of the Income Tax Ordinance [New Version] shall apply to payments pursuant to this section, and tax shall be withheld at source in accordance with the provisions of sections 164 and 243 of the Income Tax Ordinance [New Version], and national insurance contributions and health insurance contributions as the meaning thereof in the National Health Insurance Law, 5754-1994, shall also be deducted from them as if they were wages.
(f)With respect to the elections to be held on the new date pursuant to this Law, notwithstanding the provisions of section 166(b) of the National Insurance Law, a candidate who is required to resign from his employment in order to compete in elections pursuant to a provision of any law shall be regarded as a person for whom there was justification for the termination of his employment as aforesaid in that section as of the original date.

Extension of the Period of Acting Appointment of Employees in Local Authorities§

7.

Where a provision in a legislative instrument limits the period of appointment of a local authority employee in an acting capacity, and the period of acting appointment is due to end between the original date and the new date, the Director General of the local authority may extend the period of acting appointment for a period not exceeding three months from the new date.

Elections Law (Methods of Campaigning) – Temporary Provision – No. 41§

8.

With respect to the elections to be held on the new date pursuant to this Law, the Elections Law (Methods of Campaigning), 5719-1959, shall be read as follows:

(1)Section 7 – shall not be read;
(2)in section 17d(a), instead of "and he shall be entitled" there shall come "and he, as well as his deputy, shall be entitled", and instead of "he serves" there shall come "they serve; the requests shall be heard before the chairperson or his deputy in accordance with the guidelines to be set by the chairperson of the Central Elections Committee".

Municipalities Ordinance – Temporary Provision – No. 154§

9.

With respect to the budget year 2023, in the Municipalities Ordinance, in section 206, subsection (b1) – shall not be read.

Local Authorities (Elections) Law – Temporary Provision – No. 55§

10.
(a)With respect to the elections to be held on the new date pursuant to this Law, the Local Authorities (Elections) Law, 5725-1965, shall be read as follows:
(1)in section 29, at the end thereof there shall come "the Minister may appoint additional election managers in a number not exceeding 10% of the total number of election managers and deputies, and they shall serve, pursuant to the provisions of this section, where necessary, as an election manager or as a deputy election manager for a local authority, as the Minister shall appoint";
(2)in section 38a(a), in the table set out therein, instead of every amount stated therein there shall come one-fifth of that amount.
(b)If amounts were paid pursuant to section 38a(a) of the Elections Law before the commencement of this Law, the difference between the amount paid and the amount to be paid pursuant to subsection (a) shall be refunded within 30 days of the commencement date of the Law for the Postponement of the General Elections to Local Authorities (Amendment), 5784-2023.

Local Authorities (Election of Head of Authority and His Deputies and Their Tenure) Law – Temporary Provision – No. 38§

11.
(a)With respect to a local authority council that shall serve for the first time after the commencement of this Law, the Local Authorities (Election of Head of Authority and His Deputies and Their Tenure) Law, 5735-1975 (in this section – the Direct Election Law), shall be read such that in section 15a1(e)(2), instead of "28 months" there shall come "26 months".
(b)During the period from the commencement date of the Law for the Postponement of the General Elections to Local Authorities (Amendment), 5784-2023, until the new date, section 27a(b) of the Direct Election Law shall be read such that at the end thereof there shall come "all of the above unless the head of the authority is satisfied that the action is directly necessary for the local authority's contending with the security situation prevailing in the State on account of which a special situation in the rear was declared, as defined in the Civil Defence Law, 5711-1951, on the 22nd of Tishrei 5784 (7 October 2023); an action as aforesaid requires the approval of the District Commissioner in the Ministry of the Interior; if the Commissioner did not respond to the approach of the head of the authority on the matter as aforesaid within five working days, this shall be regarded as if he approved the action".

Local Authorities (Election Financing) Law – Temporary Provision – No. 18§

12.

For the purpose of the elections to be held on the new date under this Law, the Local Authorities (Election Financing) Law, 5753-1993 (hereinafter – the Election Financing Law) shall be read as follows:

(1)In section 4a, instead of "prior to the date of the holding of general elections as referred to in section 4 of the Elections Law and no later than one year before that date, the public committee shall examine and decide whether to increase the amount of the calculation unit and by how much" there shall come "prior to the date of the holding of general elections on the new date, as defined in the Law for the Postponement of the General Elections to Local Authorities, 5784-2023 (hereinafter – the new date), and no later than 45 days before that date, the public committee shall examine whether to increase the amount of the calculation unit and by how much; the committee shall make a decision on this matter no later than the 17th of Tevet 5784 (29 December 2023); the validity of a decision as aforesaid shall be for the purpose of the elections on the new date only";
(2)In section 10 –
(a)in subsection (a), the content thereof shall be designated as paragraph "(1)" and after it shall come:

"(2) Notwithstanding the provisions of paragraph (1), for the purpose of the elections to be held on the new date, a faction is entitled to receive from the State Treasury, within seven days from the day it gave the Minister notice as referred to in section 11(a), an advance for election financing in the amount of 75% of the financing sum that would have been due to it under section 7(a)(1) had it won a number of mandates equal to the number of its members on the outgoing council on the determining date.";

(b)in subsection (b), instead of "(a)" there shall come "(a)(2)";
(c)in subsection (c)(1), instead of "(a)" there shall come "(a)(1)";
(d)in subsection (e), instead of "10%" there shall come "12.5%";
(3)
(a)In section 13 –
(1)in subsection (a), at the end thereof shall come "as well as a letter of consent signed by at least four representatives of the faction, list or candidate, as the case may be, stating that they consent to the advance request and confirm that the provisions of section 14(f) are known to them";
(2)in subsection (b), instead of "shall be the sum" there shall come "shall be 40% of the sum", and the words "plus 10%" shall not be read;
(b)where a guarantee was given under section 13 of the Financing Law before the commencement of this Law, in connection with the elections on the original date, the guarantor may request to replace it with a guarantee under that section as worded in this Law;
(4)In section 14, at the end thereof shall come:

"(f) (1) Where the amount to be collected from the guarantor bank under this section exceeds the amount of the guarantee given, the Minister shall demand the balance of the amount (in this subsection – the balance) from the person to whom the advance was given and from any person who is their representative as referred to in section 11, 12 or 12a, as the case may be, and their liability shall be joint and several;

(2)Where the balance is not paid within 45 days from the day the Minister's written demand as referred to in paragraph (1) was sent, the provisions of the Fines, Fees and Costs Collection Authority Law, 5755-1995 shall apply to its collection, and for the purpose of that Law the balance shall be deemed a debt and the person from whom it was demanded as aforesaid shall be deemed a debtor.";
(5)In section 16 –
(a)in subsection (b)(1), instead of "5,000" there shall come "10,000";
(b)after subsection (b2) shall come:

"(b3) Notwithstanding the provisions of subsection (b), during the period of 12 months following the new date, a list or faction that did not receive mandates or a candidate for head of a regional council who was not elected may receive a donation as referred to in paragraph (1) of that subsection, in an amount not exceeding twice the amount specified therein, for the purpose of covering debts in respect of the elections.";

(c)in subsection (c), at the end thereof shall come "however, the year 2023 shall be deemed an election year for the purpose of this Law".

Taxation of Payments in an Election Period Law – Temporary Provision – No. 10§

13.

For the purpose of the elections to be held on the new date under this Law, the Taxation of Payments in an Election Period Law, 5756-1996 shall be read such that in section 1, in the definition "payment", instead of the amount specified therein there shall come "NIS 36,000".

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