Israel Without a State Comptroller: The Legal Consequences of the Annulled Election

An interview with Adv. Maxim Rakov

In June 2026, Israel’s High Court of Justice annulled the Knesset vote in which Adv. Michael Rabello was elected State Comptroller: several Knesset members photographed or filmed their ballots, violating the secrecy of the vote. A repeat vote has not been scheduled, and the term of the previous comptroller, Matanyahu Engelman, has ended. The office stands vacant, raising questions about the work of the State Comptroller’s Office, including the protection of whistleblowers who expose corruption in the public sector.

In a recent radio interview, our partner, Adv. Maxim Rakov, Head of the International Department at ENR Law and former Legal Advisor to Israel’s National Security Council, explained the legal framework of the situation.

Why the Election Was Annulled and Where Things Stand

What is the current status of the State Comptroller election?

There is a court ruling annulling the vote in the State Comptroller election. The ruling was issued because the rule of voting secrecy was breached: Knesset members photographed themselves during the vote, some filmed videos, and after the vote it was clear whom they had supported. The court annulled the vote, after which the Speaker of the Knesset was required to schedule a repeat vote. For political reasons this has not been done and may not be done. As of today there is no State Comptroller: the previous comptroller, Matanyahu Engelman, has completed his term. The comptroller serves a single term that cannot be extended. The office is empty.

Is it true that the elected candidate, Adv. Michael Rabello, is himself unwilling to take office in the current situation?

Strictly speaking, he was not elected: by court ruling, the vote was declared invalid. There were suggestions that the Knesset and the candidate would disregard the ruling and that he would take office in defiance of it, but that cannot happen. Rabello, a well-known and experienced lawyer, has made his position clear: he is prepared to assume office only after a repeat vote.

Two Possible Ways Out

How can this situation be resolved?

There are only two options. First: the Speaker of the Knesset schedules a vote and convenes the Knesset for a special session. Although the Knesset is in recess, it can be convened for specific matters, and the previous State Comptroller was in fact elected at just such a session during a recess. The problem lies elsewhere: the Prime Minister fears that coalition members who are already preparing for elections, above all Likud members ahead of the party primaries, will not follow the party leadership’s instructions and will vote as they see fit. Some of them will certainly not return to the next Knesset, and the outcome could be unpredictable.

Second: no vote is held now, general elections take place, and the newly elected Knesset chooses a comptroller, possibly the same candidate. In that case, Israel will be without a State Comptroller for roughly the next four to five months.

How the Vacancy Affects the Comptroller’s Office

How does the absence of a comptroller affect the work of the State Comptroller’s Office?

The office has several functions. The first is state audit itself. A fairly large apparatus continues its work here. The senior officials of the office hold most of the comptroller’s powers, with the exception of the authority to publish reports, so ongoing work can continue. The absence of the head of the institution certainly has an effect, but this is not the most difficult part of the problem. The second function is handling complaints from the public. Preparatory work can be carried out, and in most cases complaints can be closed by the office’s officials.

Protection of Whistleblowers

Why is the situation particularly sensitive for whistleblowers who expose corruption in the public sector?

Within the public complaints function there is a separate mechanism protecting whistleblowers who expose corruption in state and public institutions. Here one must distinguish between the powers of review and the technical matters that the office’s officials continue to handle. They can respond to complaints and reports, but they have no authority to issue protection orders. Only the State Comptroller may, for example, prohibit the dismissal of an employee or other actions by management against a whistleblower. The absence of these powers is problematic.

What remains? A whistleblower can apply to a court and request an order, at least a temporary one: the courts hold residual powers and can grant it. This route is more complicated, slower and less effective, but in principle it exists.

Can an acting State Comptroller be appointed?

In the ordinary civil service, when a senior official is absent, a minister can appoint an acting official. With respect to the State Comptroller, the law provides for such an appointment only in situations where the comptroller is, for example, ill. For the case of a vacant office, the law makes no provision for an acting comptroller. The legislator’s logic was simple: if there is no comptroller, a new one should be elected, with the Knesset convening for a vote and appointing one fairly quickly. The current situation is simply one the law did not foresee.

How Long the Vacancy Will Last

If nothing changes, until when will the office remain vacant? Could the High Court compel the Speaker to convene the Knesset?

Until a newly elected Knesset convenes, a new Speaker calls the members to a vote, and a new comptroller is elected, nothing will change. At best, this means December, that is, roughly five months without a State Comptroller. I do not believe the High Court will compel the current Speaker of the Knesset to convene a session for the election: that would be too significant an intervention in the political process, since this election is political to a large degree.

Adv. Maxim Rakov is a Partner and Head of the International Department at ENR Law (Elbert Nazaretsky Rakov & Co.). He previously served as Deputy General Counsel at the Prime Minister’s Office and as Legal Advisor to Israel’s National Security Council. Admitted to practice in Israel and New York, he brings more than 25 years of experience in international banking regulation, compliance and corporate law.

This material is provided for informational purposes only and does not constitute legal advice.

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