After the elections are over, the debate over Prime Minister Benjamin Netanyahu's ability to lead the government while facing criminal charges of bribery, fraud, and breach of trust will be front and center after the question has moved from a theoretical sphere to a very practical one.
The first to consider this matter will be Attorney General Avichai Mandelblit, who must offer his recommendation and advise to President Reuven Rivlin.
The first question before both the attorney general and the president is whether Netanyahu's position as a defendant in a criminal proceeding should even be a factor to be considered.
The president must decide within one week from the time final election results are published, which candidate has the most support among Knesset members and therefore most likely to succeed to form a government. It is incumbent upon the president to work towards the installment of a new government without delay.
The Supreme Court has never questioned decisions made by the president as his position offers a manner of immunity from criticism.
But there is little doubt that ultimately to the Supreme Court will be asked to weigh the legality of whatever decisions have been made, and since the law is not clear about the circumstances in which Netanyahu could be barred from assuming the premiership, a Supreme Court ruling may set the precedent.
The court has consistently come under attack from the political right, which has vowed to curb its power to overturn laws passed in the Knesset, therefore, an expanded panel of judges will likely take on the case under the leadership of Chief Justice Esther Hayut.
Still, Likud's victory is confirmation that right-wing voters chose Netanyahu to lead the country despite the criminal charges against him. In fact, the attorney general, as well as members of the prosecution, were all the subject that party's angry attacks throughout the election campaign, and as Netanyahu was claiming victory Monday, his crowed of supporters were calling for Mandelblit to be ousted as the first order of the new government.