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What are Israel’s anti-defection laws and how could they shape post-poll coalition strategy? WION Explains

What are Israel’s anti-defection laws and how could they shape post-poll coalition strategy? WION Explains

Israel’s election is expected to produce a fractured mandate

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Israel’s election is expected to produce a fractured mandate, setting the stage for coalition negotiations. Anti-defection laws could shape efforts to form an alternative government, as opposition leaders explore ways to win over lawmakers 

As Israelis vote today, all opinion polls are pointing at a fractured mandate, opening an avenue for coalition talks. In Israel's history, no single party has ever won an outright 61-seat majority in 120 seats Parliament. Israeli Prime Minister Benjamin Netanyahu is primarily up against Gadi Eisenkot, a retired IDF Chief of Staff and leader of the new Yashar (or Yesher) party. Even as Eisenkot has repeatedly ruled out any partnership with Netanyahu during the campaign trail, US President Donald Trump may be the external factor pushing for a national unity structure. This becomes more clear as Netanyahu has privately promised US and European officials that if he forms a unity government with Eisenkot, he will abandon his far-right partners, such as National Security Minister Itamar Ben Gvir. Trump favours a stable Israeli government keeping in mind his Iran strategies. As the coalition mathematics and talks go on behind the scenes, Israel's anti-defection laws plays a pivotal role.

What are Israel's anti-defection laws?

Israel's anti-defection laws are a set of legal restrictions introduced in 1991 to deter political opportunism, "party hopping," and horse-trading. According to the laws, if an individual Members of Knesset (MK) defects from their party or votes against their party's line to topple a government without resigning their seat, they are legally barred from being appointed as ministers or deputy ministers for the entire remaining duration of that Knesset's term. They are also prohibited from joining any existing parliamentary faction during the active Knesset term. Moreover, they cannot run in the next election on the candidate list of any party that was already represented in the current Knesset.

In present context, these laws will set the post-poll strategies for parties. Opposition leaders like Yisrael Beytenu chairman Avigdor Liberman have publicly floated a strategy to bypass Netanyahu by recruiting disgruntled MKs from Netanyahu's Likud party to cross the aisle and help form an alternative government. The law allows lawmakers to switch sides without penalty, only if they stage a collective breakaway consisting of at least one-third of their original party faction.

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However, smaller parties can be kingmakers. At a time of a fractured mandate, the final power will rest in the hands of smaller, niche parties. Mainstream leaders are studying anti-defection boundaries to understand how much leverage individual rogue MKs.

Israel Elections

Israel is holding a first parliamentary election today – the first nationwide vote since the Hamas attack on October 7, 2023 and subsequent Gaza war. Voting centers opened at 7:00 AM and will officially close at 10:00 PM local time. A clearer picture will emerge overnight, with the final official vote count expected by October 30 and formally certified results published by November 4. Voters cast their ballots for a national party list rather than individual candidates to fill the 120 seats in Israel's parliament. A party must secure at least 3.25% of the total national vote to enter parliament, which translates to a minimum of 4 seats.

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Navashree Nandini

Navashree Nandini is a Senior Sub-Editor at WION News with over six years of experience covering Indian politics, US politics, global conflicts, foreign policy and education, with ...Read More

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