Opposition bloc considers reviving direct elections without dissolving Knesset to end stalemate

Opposition leaders in Israel are contemplating the possibility of reintroducing direct elections for prime minister, bypassing the need to dissolve the Knesset, as a means to resolve the current political deadlock, according to recent reports from Maariv and Israeli journalist Michael Hauser Tov. The recent Knesset election has left the nation's political landscape in a quagmire, with neither the ruling bloc led by Prime Minister Benjamin Netanyahu nor the opposition bloc amassing the required majority to form a government.

Netanyahu's party has secured 53 seats, the opposition 48, while the Arab parties hold 19. Despite a majority of the Knesset members being outside Netanyahu's camp, disagreements amongst the opposition party leaders and their collective decision not to rely on the Arab parties for support have hindered the formation of an alternative government.

The debate over this potential solution has gained traction, with one suggestion being to restore direct elections for prime minister, a practice Israel previously employed, without the necessity of dissolving the Knesset. Ben Caspit, a commentator for Maariv, noted that should Netanyahu seek to precipitate another election, the electoral system could be amended to allow a direct contest for the prime minister's position, similar to a previous electoral system used in Israel.

He also highlighted the possibility of enacting term-limit legislation, potentially limiting Netanyahu's re-election to a maximum of two terms or a total of eight years in office. However, the feasibility of such a scenario hinges on the precise wording of the legislation and the legal and political ramifications involved. In a similar vein, journalist Michael Hauser Tov disclosed that senior figures within the opposition bloc have confirmed that direct prime ministerial elections are among the options currently under consideration in light of the election results.

The opposition bloc has informally dubbed this proposal the "Netanyahu 2021 direct election model," referencing a prior attempt by Netanyahu during the 24th Knesset election in 2021, which ultimately failed to yield a decisive outcome. During coalition talks, suggestions of collaboration with the Ra'am party, led by Mansour Abbas, were broached, alongside a proposal for direct elections for prime minister.

In April 2021, Netanyahu proposed a plan aimed at electing a prime minister through a snap vote, without the need to dissolve the Knesset, presenting an alternative solution to the ongoing impasse. Now, nearly five years later, this idea has resurfaced within the opposition bloc, driven by the challenges faced by opposition party leaders in reaching an agreement on forming a government in conjunction with the Arab parties.

While Democrats chairman Yair Golan has advocated for the inclusion of the Arab parties in efforts to unseat Netanyahu, a rift exists between Naftali Bennett and Avigdor Liberman, who maintained firm stances against cooperation with them during their electoral campaigns. Legally, forming a government does not strictly require the backing of 61 Knesset members, but rather a majority of those participating in the confidence vote.

For instance, a scenario where 56 Knesset members vote in favor, 53 against, and the remaining 11 abstain could technically suffice. Nonetheless, this option remains contingent on reaching political consensus, particularly regarding the willingness of Bennett and Liberman to endorse this approach. Theoretically, direct elections for prime minister could provide an alternative avenue to ascertain the individual who assumes the prime minister's role, without necessitating prior agreement among the opposition bloc and the Arab parties on a coalition.

However, even if a directly elected prime minister were to assume office, it does not guarantee the necessary parliamentary majority to establish and sustain a stable government. Israel has previously conducted direct elections for the prime minister's position in the past, with the system initially implemented in 1996 following Netanyahu's victory over Shimon Peres.

Subsequent elections in 1999 and 2001 also followed this format, with voters casting ballots for both the prime minister and the Knesset, before the system was abolished in 2001 in favor of the current parliamentary model reliant on Knesset confidence. Implementing direct elections would necessitate substantial legislative revisions and cannot be enacted under the current legal framework.

Moreover, the question of whether a directly elected prime minister could govern without sufficient parliamentary support also depends on the terms stipulated in the new legislation. Furthermore, imposing a limit on a prime minister's tenure to two terms or eight years would require a distinct legislative measure. Retroactively applying such a restriction to Netanyahu's past tenures to preclude his re-election would likely encounter legal and constitutional hurdles concerning the right to run for election and modifications to electoral eligibility rules.

For now, these remain proposals under active discussion within the political sphere, rather than a fully fleshed-out legislative initiative.