The Latest Senate Section 44 Cases

Time for another - and I doubt it will be the final - roundup of the issues created by ineligible Senators (or in one case, a Senator-who-never-was).  I have had many questions about the Lambie situation but today's resignation of Skye Kakoschke-Moore also requires detailed comments.

Hollie Hughes (Candidate, NSW - disallowed)

The High Court's decision that Hollie Hughes should not be seated in place of Fiona Nash (apparently because of her intermediate holding of an office of profit while the original election was still open, though reasons are yet to be released) creates a new issue.  Hughes was eligible at the time of the original election but her subsequent employment renders her ineligible to fill the position vacated by Fiona Nash.  The Commonwealth is waiting to see whether the court rules that Hughes was incapable of being chosen, or capable of chosen but incapable of sitting.  If the former, Hughes will be replaced by a special count (resulting in controversial Abbott backer Jim Molan becoming a Senator) but if the latter there is some thought (I'm not convinced) that it might be a casual vacancy.