All about splits: How can MKs ‘cross the aisle,’ and what price would they pay?

In light of the real possibility that neither political bloc will receive the 61 seats needed to form a governing coalition after Monday’s elections, the search has begun for members of the Knesset willing to abandon their party and switch to the other side. This phenomenon, referred to as “crossing the aisle” in the US or “crossing the floor” in UK politics, is possible but would be governed by both laws and Knesset house rules.

Party split from a joint list: A number of the slates elected to the 23rd Knesset are actually alliances made up of a number of independent parties. If an independent party decides to split from its slate after the elections it will not face any sanctions.

For example, if the Gesher party, consisting of Orly Levy-Abekasis, decides to leave the joint list of Labor-Meretz-Gesher it will not be punished. Such a move would be treated as a party splitting — as opposed to individual defections. The newly independent group would then either become a standalone faction or join an existing list already in the Knesset.

An additional possibility is that one-third of the MKs elected to the Knesset on a particular slate decide to break away. Such a move (which must include a minimum of two MKs) will also be defined as a list that split into two independent factions and not as individual MKs who decided to defect.

The breakaway MKs can either form a new faction or join an existing one.

What about possible sanctions for such a move? They will be able to join the government and run in the next elections, but, if the split took place in the first two years of the Knesset’s term, the new faction will not be eligible for the public funding usually available to parties.

Defectors will not serve as ministers or deputy ministers: In the case of a split by a single MK or a number of individual MKs from a party (for example a few Blue and White MKs), they would be considered “defectors” and would face significant sanctions. They would be unable to serve as ministers or deputy ministers in the current Knesset, establish a new faction or join an existing one, or run in the next elections with any party represented in the current Knesset. Nevertheless a defector would be able to fill all parliamentary roles, as per the Knesset house rules, such as chairing or serving in any of the Knesset committees.

For whom would it be the easiest to split? Levy-Abekasis or the Telem party (headed by Moshe Yaalon), a component of Blue and White, would appear to be the most likely candidates, since they are entire factions. Any individual MK from the opposition bloc can defect and vote for the government, but they will not be able to be appointed to a role in the current government or be eligible to serve as a candidate in the next election for any of the parties represented in the current Knesset.

Dr. Assaf Shapira is director of the political reform program at the Israeli Democracy Institute.