Lana Tatour
Sovereignty, Territoriality, and the Question
of Palestinian Suffrage in Israel
Today, it is commonly accepted—including in settler colonial states—that
citizenship awards, at least in principle, the right to vote. But suffrage and
citizenship in Anglophone settler colonies did not emerge as interrelated
rights. Neither British subjecthood nor national citizenship status entitled
indigenous peoples the right to vote. In the United States, while the 1924
Indian Citizenship Act extended citizenship to all Native Americans, some
states continued until the late 1950s to ban Native Americans from casting
a ballot.46 Native Americans as well as African Americans continue to face
racial discrimination in voting due to state legislation. 47 The Australian
citizenship regime also denied federal voting rights to Aboriginal and Torres Strait Islander peoples, despite their status as British subjects under the
Commonwealth Franchise Act 1902, with some states also denying the franchise in their own jurisdictions. It was only in 1962 that federal voting rights
extended to all Aboriginal peoples, with the state of Queensland sustaining
its ban on Aboriginal voting until 1965.48
In Israel, during the first four years of the state and up until the enactment of the Citizenship Law in 1952, the question of suffrage was disassociated from that of citizenship, since the status of Israeli citizenship did not yet
formally exist in domestic law. Some Palestinians thus held suffrage rights
though formally they were not citizens. It was only with the enactment of
the Citizenship Law that suffrage rights and citizenship status would become
interlinked and citizenship status would automatically bestow the right to
vote. As will be discussed later, however, earlier enjoyment of suffrage rights
did not automatically guarantee citizenship status under the Citizenship
Law. As a result, the enactment of the Citizenship Law denied citizenship
to a significant number of Palestinians who voted in Israel’s first elections
in January 1948 and/or in the second parliamentary elections in July 1952.
In the period between 1948 and the enactment of the Citizenship Law
in 1952, Israel was a state without citizens. This absence of national citizenship
was not unique to Israel. In fact, settler colonies such as Canada, Australia, and
New Zealand created their own national citizenship only in the mid-twentieth
century. Unlike Israel, however, Anglophone settler colonies sustained the
imperial legal status of British subjects, a de facto citizenship, for significant
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Electronic copy available at: https://ssrn.com/abstract=3533490