Why are Senators who have lost their seats because they had dual citizenship permitted to stand for election again?

A woman in a grey jacket is standing at a desk in a red room. She is speaking. Other women sit on benches around her, listening to her speak.

A senator speaking in the Senate.

DPS Auspic

A senator speaking in the Senate.

A woman in a grey jacket is standing at a desk in a red room. She is speaking. Other women sit on benches around her, listening to her speak.

DPS Auspic

Description

A senator speaking in the Senate.

Permission should be sought from DPS AUSPIC for third-party or commercial uses of this image. To contact DPS AUSPIC email: auspic@aph.gov.au or phone: 02 6277 3342.

In 2017 the High Court of Australia found 4 senators and one member of the House of Representatives were invalidly – not properly – elected to the Australian Parliament. When they were elected, each was both a citizen of Australia and another country. Section 44 of the Australian Constitution says that members of parliament can only be a citizen of Australia. The 5 members of parliament were removed from their positions and the seats were declared vacant.

These 5 former members of parliament could choose to stand for election again if they were no longer dual citizens. The fact that they were found to be not validly elected in the past did not stop them from standing again.