President's Broad Discretion in Mandate Assignment After Elections

Following Knesset elections, the Israeli President is tasked with deciding which candidate to assign the mandate for forming a government. The Basic Law: The Government grants the President significant discretion in this decision. While the President must consult with faction representatives at the Presidential Residence, they are not obligated to assign the mandate to the leader of the largest party, the head of a bloc, or the candidate with the most recommendations.

Historically, Presidents have assigned the mandate to party leaders who did not secure the most seats. A notable instance was in 2009 when President Shimon Peres assigned the mandate to Benjamin Netanyahu, then leader of the second-largest party with 27 seats, rather than Tzipi Livni, leader of Kadima, which won 28 seats.

In recent years, a convention has emerged: if election results clearly indicate a majority for a specific candidate, the President typically assigns the mandate to that candidate, provided they have the support of over 61 Knesset members. If the outcome is unclear, the President will assign the mandate to the candidate they believe has the best chance of forming a government.

The Presidential Residence has not yet announced the timeline for consultations, nor whether they will await official results or expedite the process based on preliminary outcomes. Regardless, the designated candidate will have 28 days to form a government, with the President having the authority to extend this period by up to an additional 14 days. If the candidate fails, the President may assign the mandate to another Knesset member willing to undertake the task or inform the Knesset Speaker that government formation is not feasible.