Israeli Election Committee Head Rules on MK's Party Switch
Central Elections Committee Chairman, Justice Noam Sohlberg, issued a significant ruling on Thursday concerning Knesset members who publicly declare their intention to run with a different party in upcoming elections. Generally, such a declaration is considered a resignation from the MK's current faction.
However, Sohlberg established an exception that allows an MK to retain their position and run with another party. This decision came in response to a query from MK Eitan Ginzburg of the Blue and White party. Ginzburg sought clarification on whether he needed to resign from the Knesset after deciding to run in the next elections on a joint list including parties led by Naftali Bennett and Yair Lapid.
According to Basic Law: The Knesset, an MK who leaves their faction and does not resign promptly cannot run in the next elections on a list of a party already represented in the Knesset. Ginzburg had previously informed Blue and White leadership of his decision not to run with them, and an agreement was reached for him to continue serving without being declared a defector, thereby preventing a replacement who might strengthen the coalition.
Sohlberg's ruling states that a public announcement of intent to run with another party signifies a detachment from the current faction and a move to an alternative political path. Therefore, as a rule, the MK is considered to have left their faction from the moment of public declaration. The exception applies if the faction explicitly agrees in writing, within 90 days before the election, that the MK will not be considered a defector despite their intention to run with another party, provided they maintain factional discipline. Based on this, Sohlberg's opinion is that Ginzburg is not considered to have left his faction and is therefore not required to resign.
This ruling is currently a legal opinion from the Elections Committee chairman and not a final decision. The opinion will be presented to the plenum of the Central Elections Committee for a definitive ruling.
