High Court Ruling Paves Way for MK Gottlieb's Party Switch

Central Elections Committee Chairman Justice Noam Sohlberg issued a precedent-setting legal opinion on Thursday, allowing a Knesset member to switch parties within 90 days of an election without resigning, provided their original faction approves. This ruling clears the path for MK Tal Gottlieb to move to the Otzma Yehudit party just days before the candidate lists for the Knesset are finalized.

The decision hinges on an interpretation of Basic Law: The Knesset, specifically Article 6a. This article typically prevents a public representative who leaves their faction and does not immediately resign from running in subsequent elections with an existing Knesset party. However, Sohlberg's opinion states that if the original faction explicitly consents in writing within the 90-day pre-election window, and the MK adheres to factional discipline, announcing an intention to run with another party does not constitute a "departure" requiring resignation.

The issue was brought before Sohlberg by MK Eitan Ginzburg of the Blue and White party. Ginzburg had informed his party leadership in May of his intention not to run on their list in the next election. An agreement was reached whereby Ginzburg would continue to align with the faction's positions, and the faction would not declare him a defector. Ginzburg publicly announced his intention to run with the Yamina party on August 9th.

To clarify his legal status before submitting lists, Ginzburg sought an advance opinion from the Elections Committee chairman regarding his obligation to resign. Sohlberg's legal analysis emphasized that the "departure" regulations are intended to address situations where a member is practically disconnected from their faction. While a public declaration to run with an alternative party often indicates such a disconnect, Sohlberg stressed that the departure mechanism primarily governs the internal relationship between the faction and the MK. Therefore, with the faction's explicit written consent and continued adherence to discipline, the announcement itself is not considered a departure.