EXPLAINER - President Herzog takes center stage as Israeli election leaves neither main bloc with majority

By Abdel Ra'ouf Arnaout and Rania Abushamala

JERUSALEM/ISTANBUL (AA) - Attention in Israel is turning to President Isaac Herzog, who will task a member of parliament with forming the next government after preliminary election results left neither main political bloc with a majority.

With about 100% of votes counted Wednesday, Prime Minister Benjamin Netanyahu’s bloc secured 53 seats in the 120-member Knesset, compared with 48 for the opposition bloc led by Gadi Eisenkot. Arab parties won 19 seats.

Neither main bloc had therefore reached the 61 seats needed for a parliamentary majority.

Official results are due by Nov. 4. Herzog must then consult parliamentary factions and assign the task of forming a government within seven days of the results’ official publication.

Although Israel’s presidency is largely ceremonial, selecting a candidate to form a government is one of its most consequential responsibilities, particularly when the election produces no clear winner.

- Consultations with parliamentary factions

Under Israel’s basic law governing the formation of governments, the president must consult representatives of parliamentary factions before tasking a Knesset member with forming a government, within seven days of the publication of the official election results.

Herzog is expected to hold separate meetings next week with representatives of the 11 parties that won seats in the election.

During these consultations, party representatives typically recommend their preferred candidate to form the government.

Based on the preliminary results, Arab parties could play an influential role in determining who receives the mandate.

The Joint Arab List and the United Arab List could recommend Eisenkot, potentially giving him the backing of a parliamentary bloc exceeding 61 lawmakers.

Netanyahu, meanwhile, could insist that he should receive the mandate on the grounds that his Likud party is the largest in the Knesset under this scenario.

However, the law does not require the president to select the leader of the party with the most seats.

- How does the president choose?

The Israel Democracy Institute, an independent research institution, explains that the first stage of forming a government involves selecting the Knesset member who will be tasked with doing so.

The institute says the president consults representatives of the elected parliamentary factions before choosing a Knesset member to form the government.

It notes that the legislation provides no clear guidelines on how to make that decision, giving the president considerable discretion.

Traditionally, the mandate has been given to the leader of the largest party -- the faction holding the most Knesset seats -- but this is not a legal requirement.

The institute adds that the main consideration is which candidate appears most capable of forming a government that can win the Knesset’s confidence.

It cites the 2009 election, when then-President Shimon Peres tasked Benjamin Netanyahu with forming a government even though his Likud party won 27 seats.

Tzipi Livni’s Kadima party won 28 seats but was not given the mandate.

Herzog’s choice could therefore trigger a political dispute with one of the two camps, given the closely balanced distribution of seats.

- Unity government to avoid another election

Herzog previously pledged to work to prevent another election and raised the possibility of a unity government bringing together Netanyahu and Eisenkot.

Israeli television channels reported that the president could invite the two leaders to a meeting to discuss forming a joint government.

They also suggested that Herzog might publicly call for a unity government in a statement to the Israeli public.

This comes as preliminary election results point to difficulties in forming a government with a clear parliamentary majority.

Israel has faced recurring political crises in recent years, struggling to form stable governing coalitions and holding successive parliamentary elections.

The latest election is the sixth since 2019, amid continuing political divisions and disagreements between parties over government formation and alliances.

- 3 attempts to form a government

Once a Knesset member is tasked with forming a government, a legal process begins that can take days or weeks and involve up to three attempts.

The Israel Democracy Institute explains that the candidate initially receives 28 days to form a government.

The president may extend that deadline by up to 14 additional days if the candidate has not completed the task.

If the first candidate fails, the president can select another Knesset member, who receives 28 days without the possibility of an extension.

If the second attempt fails, a group of 61 Knesset members can request that a third candidate be given the mandate. That candidate then has 14 days to form a government.

If the final attempt fails, Israel heads to another election under the procedures set out in law.

- Can a minority government be formed?

Although governments are usually formed with the support of at least 61 lawmakers, Israeli law also allows minority governments.

The Israel Democracy Institute says Israel’s basic law governing the government does not explicitly require a new government to secure the support of an absolute majority of Knesset members.

It explains that a government can win a confidence vote if more lawmakers vote in favor than against.

However, the institute notes that most governments formed after elections have secured the support of at least 61 lawmakers.

If government-formation negotiations succeed, the Knesset holds a special session at which the prime minister-designate presents the proposed Cabinet and the government’s policy platform.

Lawmakers then hold a confidence vote, and the government formally takes office if it secures the required support.

Until a new government is formed, the outgoing Netanyahu-led government continues to perform its duties.

Whether Herzog gives the mandate to Netanyahu or Eisenkot, or pushes for a unity government, his decision remains the first step in determining the course of Israel’s next government formation.

Rania R.a. Abushamala