JEWISH WORLD / No citizenship without loyalty? Then why let Israelis vote from abroad?

Before writing an op-ed, my brain holds a vociferous debate with itself. One side argues passionately against the other and in the end, a vote is taken. Whichever position takes the majority vote becomes the topic of my column. But sometimes there is a stalemate. When this happens, the article will (usually) be left unwritten.

This is what happened when I sat down to write an op-ed about a law recently proposed by Benjamin Netanyahu and Avigdor Lieberman which would allow Israelis living abroad to cast their ballot in future elections.

As an Israeli living in New York, I thought, "Great for me, finally I'll be able to participate in Israeli elections."

But then a nagging thought entered my mind: "Do I, or any other Israeli expatriate, deserve to vote from afar?"

That question inspired the following row in my brain:

Left Brain: Yes, you do deserve it. Suffrage is an inalienable right inherited by virtue citizenship, not residence, and guaranteed under Israel's Basic Laws. To condition civil rights on residence is to violate the principle of democratic rights and open the door for further compromises. It is for this reason that many democratic countries allow absentee ballots. If it is good enough for venerable democracies like the United States and France, then it is good enough for Israel.

Right Brain: No, you don't deserve it. So what if many democratic countries allow ex-pats to cast absentee ballots? Israel is different. It is different in that so many of its citizens live abroad; it is different in that many more could be granted citizenship via the Law of Return; and it is different in that Israeli politics actually matter. All combined, the law could create a gallut (Diaspora) swing-vote whereby Israelis abroad play a crucial role in constructing domestic policy. In a country like Israel, it is unfair to let people who don't partake in the challenge of living here to decide the fate of those who do.

Left Brain: Look, this law is not so radical. At the moment, Israelis living abroad can vote if they are able to return to Israel during election times - this privileges those who can afford to return. The proposed law would simply enable those who can't afford the plane ticket, to have the opportunity to exercise a right that is given to them under Israel's Basic Law. I think we can all agree that voting should not privilege the rich.

Right Brain: Yes, we can agree. It is unfair. As such, it should be changed so that all non-residence Israelis, irrespective of bank accounts, should be disenfranchised.

Left Brain: I can't believe our neurons are related. How can you just speak of depriving voting rights? In a real democracy, such an idea would never be entertained. I think you need some Prozac.

Right Brain: I don't think it is my side that should be medicated. You speak of rights in platonic, pie-in-the-sky way. But rights are evolving legal/cultural constructs that have to respond to the demands of reality. Israel's basic law (which you mention) also recognizes this plasticity when it states, "Every Israel national of or over the age of eighteen years shall have the right to vote in elections to the Knesset unless a court has deprived him of that right by virtue of any Law."

I hate to offend your democratic sensibilities, but a civil right like voting is not really inalienable. For example, when people break the law and go to prison, they lose their right to vote - it becomes alienable. Therefore a civil right like voting is granted by virtue of citizenship but maintained under certain conditions, so long you don't violate your responsibility to uphold the law.

Left Brain: Hold on there. It is true that many prisoners don?t have voting rights. But that punishment makes no sense - revocation of voting rights does not deter crimes, nor does prisoner enfranchisement pose a risk to society. Many countries have overturned this practice: including Ireland, Spain, France and the Netherlands. Besides, are you saying Israelis who chose to live abroad are equivalent to thieves, rapist and murderers?

Right Brain: Not at all. I am saying that many societies recognize that a civil right like voting is not absolutely inalienable. Rights come attached with basic responsibilities (like following the law), and those who fail to fulfill those responsibilities may have their basic rights revoked. When Israelis live abroad, they stop fulfilling their civic obligation - paying taxes, serving in the IDF and reserve duty - so why should they also get the right to vote and have a meaningful hand in shaping the society to which they no longer - or never did - contribute.

Let me ask you a question. Even if you believe that Israelis should never lose the right to vote, don't you think that this is not the time to support a law that would further strengthen the power of right-wing (anti-democratic) politicians? I mean even Haaretz, as a newspaper, stood up against this proposition.

Left Brain: Well, that is the risk of democracy - you can't restrict the votes of those who are going to vote for people you don't like. But somewhere in your question, there is a good point. There seems to be a contradiction when a politician who ran on the platform 'No loyalty. No Citizenship' advocates a bill that would grant voting right to people who have willingly chosen (usually for economic and social reasons) to remove themselves for the sphere of civic responsibility.

Lieberman's 'Citizenship law' disenfranchises Israelis who don't serve their country through the army or civil service, or who fail to pledge loyalty to the [Jewish] state of Israel. Well, isn't that exactly what Israeli ex-pats do - they don't pay taxes or fulfill their service obligations [remember reserve duty?], and I would say that they vote with their feet on their ultimate loyalty to the state of Israel.

Right Brain: So now you support the citizenship law?

Left Brain: Not at all - it is because I believe that civil rights are inalienable that I reject this anti-democratic law to the core. It is cerebral hemispheres like you who believe that rights are contingent upon responsibilities that pave the way for politician like Lieberman to put up citizenship as a topic of legitimate debate.

Right Brain: Ok, enough, are you ready to vote on this one?

Left Brain: You sure you want to give me the right?

Right Brain: I am glad you still have your sense of humor.

Left Brain: Yes, I am ready.

All in favor of writing a pro-position article?

(Every neuron on the left side of the brain raises hand. None on the right.)

All in favor of a con-position article?

(Every neuron on the right raises hand. None on the left.)

It is settled. Without a clear majority, there will be no article.

Roi Ben-Yehuda is an Israeli writer based in New York. He is a regular contributor to Haaretz and France 24. His blog, RoiWord, can be read here.