A fight for Tasmania’s 12th Senate seat could be on the cards, with One Nation candidate Kate McCulloch confirming she has sought legal advice ahead of a potential challenge to Greens’ senator Nick McKim.
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The resignation of Stephen Parry could see a special recount for Tasmania.
In the special count, modelling by Grahame Bowland shows Pauline Hanson’s One Nation senate candidate, Ms McCulloch, would clinch the 12th seat from the Greens’, Senator McKim.
The double-dissolution election in 2016 saw Senator McKim, who replaced Christine Milne in 2015, narrowly elected.
Ms McCulloch fell 273 votes short of toppling Senator Nick McKim.
Political analyst Kevin Bonham said modelling showed senator McKim would “come out as not elected” in a recount.
Mr Bonham said: “The question is what would the court do about it?”
In the case of a special count finding senator McKim not elected, the matter will almost certainly be referred to the High Court.
Ms McCulloch said she was waiting on legal advice on behalf of the party, while Fairfax Tasmania understands One Nation will make a submission to the court in an effort to secure the Greens’ seat.
Senator McKim, who was returning from Manus Island, was not fazed with the looming legal challenge.
“We have taken advice from a constitutional lawyer and are assured that my position is secure and not under question,” he said.
Mr Bonham was uncertain about what would happen once a special count for the Senate was returned.
“This has never happened in the Senate,” he said.
“We don't know what the court is going to do about it.”
Mr Bonham said there was further uncertainty with the Senate not sitting again until December.
“We don't know what might change between now and then,” he said.
Ms McCulloch called for all politicians’ citizenship to be audited.