Judge's Ruling Paves Way for MK Tali Gottlieb to Join Otzma Yehudit

Central Elections Committee Chairman, Supreme Court Justice Noam Sohlberg, has issued a legal opinion that removes a significant obstacle for Knesset Member Tali Gottlieb to move from the Likud party to the Otzma Yehudit party led by Itamar Ben-Gvir. The ruling, made in the case of MK Eitan Ginzburg, establishes that an agreement between a Knesset member and their faction regarding running in another party changes the nature of a "resignation."

This decision means Gottlieb may be able to run with Ben-Gvir's party without first resigning from the Knesset. The legal question centered on whether a Knesset member seeking to run with a rival faction in the next election is considered to have "resigned from their faction," especially when this move is with the consent of their original party. Such a resignation typically carries severe legal restrictions and sanctions for those wishing to compete in existing political frameworks.

Sohlberg analyzed Ginzburg's situation, noting that his intention to run with a party represented in the outgoing Knesset by a separate faction "has the character of a resignation." However, he concluded that the explicit consent of the faction alters the legal outcome. "My legal opinion is that in the circumstances of the case, the agreement greatly obscures the nature of the resignation, to the point of determining that in practice MK Ginzburg did not really resign from his faction," Sohlberg stated.

This ruling was facilitated by a shift in the Likud party's stance. The Likud informed the court that it was withdrawing its original objections in Ginzburg's case, stating that when there is an agreement between a Knesset member and their faction, "there is no room for intervention."

The change in the Likud's position and Sohlberg's decision create a precedent: as long as the Likud faction agrees, moving to a competing list does not constitute a resignation that forces a Knesset member to forfeit their current term to ensure their candidacy. This development is crucial for Ben-Gvir as the deadline for submitting party lists approaches. Gottlieb, who was placed in the 20th spot on the Likud's list after the primaries, had expressed anger over her perceived demotion. If negotiations between Ben-Gvir and Gottlieb are finalized and political understandings are reached with the Likud, Gottlieb's path to Otzma Yehudit will be immediate and smooth, without needing to resign before the elections. This move is expected to significantly impact the competition for right-wing votes.