Now that the elections are over, the much more complicated task of forming a government begins. Since neither Likud nor Blue and White command a majority of the Knesset with their respective allies, it may drag on for months and may result in another early election.
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The Central Elections Committee will certify the results on Tuesday next week, at which point President Reuven Rivlin is bound by law to consult with the Knesset factions and determine who has the best chance of swearing in a government in a confidence vote.
Does the president have to consult with all factions?
No, the law says that he has to "consult with the representatives of the Knesset factions." But over the years, a tradition has emerged in which the president consults every faction.
What happens during the consultations?
President Rivlin, unlike his predecessors, tends to hold such consultations in public. During these on-camera discussions, Rivlin will ask the lawmakers whom they would support, in order to gauge the balance of power in the Knesset before he taps an MK with the task of forming a government.
Does the president have to tap the head of the largest faction or bloc?
No. The law stipulates that once the president finishes the consultations, he can choose any MK as long as they agree to take on that responsibility.
Is there a precedent for a president choosing someone who was not the head of the largest faction?
After the 2009 election, President Shimon Peres tapped Benjamin Netanyahu despite Likud winning one fewer seats than Kadima, headed by Tzipi Livni. He did so because Netanyahu had more support in the Knesset than Livni. Netanyahu went on to swear in a 65-MK government.
How much time does a designated prime minister get to form a government?
The MK gets 28 days to court other parties and win a confidence vote in the Knesset for his government. If he fails to do so, the president may grant an extension of up to 14 days.
What happens if the designated prime minister fails to win a confidence vote after an extension is granted?
The president then has to consult with parties and task another MK with the job of forming a government. That person will get 28 days, and if he or she fails, they will have to inform the Knesset speaker. After that, MKs are allowed to send a letter to the president and ask him to assign another MK who has agreed to do so. So long as at least 61 MKs sign that letter, the president must heed their request.
What if that person fails as well?
In this case the president should inform the Knesset speaker that there is no viable option of forming a government. This will automatically trigger an early election within 90 days.
