Millions of Israelis head to the polls today (Tuesday) to vote in elections for the 26th Knesset, but the results won’t directly determine who becomes the next prime minister. Contrary to what some voters might think, the leader of the largest party doesn’t automatically win the job. The decision will only come after consultations at the President’s Residence, coalition negotiations, and a confidence vote in the Knesset.
After official results are published, President Isaac Herzog will summon representatives of the parties elected to the Knesset for consultations. Each faction can recommend a Knesset member it believes should be tasked with forming the next government, and the president will weigh those recommendations alongside the practical possibility of building a coalition.
The Biggest Party Doesn’t Necessarily Win
One common misconception is the assumption that the candidate whose party won the most seats will necessarily become prime minister. In practice, Basic Law: The Government doesn’t require the president to assign the mandate to the leader of the largest party.
The president must choose a Knesset member who has agreed to accept the task, after consulting with the factions and considering their chances of assembling a government that will win the Knesset’s confidence. Therefore, even a party that finishes in second place could lead the government if it manages to build broader political support.
The implications for the current election are clear: even if Yashar, led by Gadi Eisenkot, becomes the largest party, that doesn’t guarantee Eisenkot will receive the mandate. Conversely, even if Likud leads in seats, Netanyahu will need to prove he has a viable path to forming a government.
How Much Time Is There to Form a Government?
Under the law, the president is required to assign the task of forming a government within seven days of the election results being published. After the mandate is given, the candidate has 28 days to complete coalition negotiations.
The president may grant the candidate an additional extension of up to 14 days, meaning a total of 42 days could be available to form the government.
During this period, party leaders negotiate over the government’s basic guidelines, the distribution of ministerial portfolios, the allocation of Knesset positions, and commitments on policy, security, and economic issues.
What If the First Candidate Fails?
If the candidate who received the mandate fails to form a government, the president can assign the task to another Knesset member who has agreed to it. In that case, the second candidate will have 28 days, with no possibility of extension.
Another option available to the president is to notify the Knesset speaker that he sees no possibility of forming a government. A stage could then open in which a majority of Knesset members can request that the task be assigned to an agreed-upon candidate.
If these attempts also fail, the Knesset could dissolve and lead to another election.
When Does the New Government Take Office?
Even after the candidate succeeds in finalizing coalition agreements, the government doesn’t take office automatically. The candidate must notify the president and the Knesset speaker that a government has been formed, after which the Knesset will convene for a session where the government’s composition, basic guidelines, and division of responsibilities are presented.
Only after the Knesset votes confidence in the new government do the prime minister and ministers enter office. Until then, the outgoing government continues to serve and exercise its powers.
Therefore, even if an initial picture emerges overnight in the battle for seats, the fight for the premiership could drag on for weeks.
