Just hours before the Likud Constitution Committee planned to meet, Attorney Yitzhak Bam from the Likud Court issued a notable decision that faulted the party's approach to primary regulations. He directed the movement's legal adviser to reply by 3 p.m. Monday and left room for an urgent session that same evening.

The decision responded to three petitions lodged with the court in the prior day.

One petition, brought by Yehuda Sharper and others via Attorney Harel Arnon, aims to postpone the primary rules ballot.

A second petition, submitted by MK David Bitan through Attorney Yifat Yefet-Meirovitz, covers his own draft rules, seeks to delay the vote, and questions whether New Hope members can join the ballot.

A third petition, filed by Tzvial Rubin via Attorney Aviad Reichman, requests that the 2022 primary rules be added to the options reviewed by the convention.

The petitioners claim the Constitution Committee did not follow the court's July 3 order and the later extension granted. Although the convention is set for Tuesday, the draft rules remain unpublished and delegates lack the proposals they must consider.

In his decision, Bam stated that despite the court's order the Constitution Committee has not finished its tasks, noting the draft rules should have been prepared by Sunday to give delegates adequate review time.

"We have reached July 13 with no draft rules proposal, and the Constitution Committee session is set for midday," he wrote. "It is hard to accept this situation. The convention must approve the rules and cannot serve as a mere rubber stamp."

The ruling indicates that delegates require enough time to study competing proposals before voting, which casts doubt on whether a last-minute final version would respect the convention's authority.

Call to retain 2022 primary rules

The petitions focus on keeping the 2022 primary rules active if the Constitution Committee misses its deadline. Alternatively, petitioners want the convention to review proposals the committee has not yet examined.

Bam also asked the legal adviser whether the convention could vote on separate disputed points instead of selecting full rules packages.

Under that approach delegates could decide individually on matters such as the number of reserved slots for party chairman Prime Minister Benjamin Netanyahu, whether sitting Knesset members may run in district contests, and other primary structure rules.

The court further sought clarification on whether such a process aligns with the Likud constitution.

The ruling also examines Bitan's proposal and asks the legal adviser to consider if it could go straight to the convention should the Constitution Committee refuse to review it.

This step might let Bitan present his plan without support from Constitution Committee Chairman Haim Katz or inclusion in the committee draft.

Bitan's plan calls for primaries open to all party members, nine electoral districts, and five reserved slots for Netanyahu in the second, sixth, 16th, 39th and 48th list positions. It also features a system ensuring female representation in each of the first five deciles plus further representation measures.

Bitan's petition further requests a postponement and challenges the right of former New Hope members to take part in the convention, which could alter the voter makeup and vote outcome.

Reserved slots for the party chairman

Bam revisited the topic of reserved slots for the party chairman, noting that while earlier disputes centered on the quantity of positions, the practice itself may conflict with constitutional limits.

According to Bam the number of reserved slots has increased each primary cycle and may clash with the Likud constitution, the party's governing document under the Parties Law.

He mentioned having been in the minority on this issue before but added, "I fear the line has been crossed," indicating the court might need to decide whether expanding the chairman's quota requires a formal constitutional change.

At this point the court has not stopped the Constitution Committee's work or issued an injunction. It instead ordered the movement's legal adviser to file a response to all petitions by 3 p.m. Monday and told the parties to prepare for an emergency Zoom hearing later that evening.

The legal clash occurs while Likud officials stay locked in disagreement on primary regulations after extended talks with Netanyahu, Katz, Bitan and other top party members.

Several rival proposals remain under review, including a primary model with extra reserved slots for Netanyahu, a plan using a selection committee, the so-called triple method, and Bitan's plan.

The court's decision could shape not only the timetable for approving the rules but also which proposals reach the convention and how delegates vote on them.