The High Court has ordered a special recount for a Senate seat in South Australia after finding former senator Bob Day was not validly elected.
Mr Day formally resigned as a senator for South Australia on November 1 last year to deal with the collapse of his Home Australia group of companies.
However, six days later the Senate referred his eligibility for election to the High Court on the grounds he may have benefited from the commonwealth through a lease arrangement relating to his Adelaide electoral office.
Under section 44 of the constitution, a member or senator can be disqualified where there is ‘any direct or indirect pecuniary interest in any agreement with the public service of the commonwealth’.
The court decided on Wednesday Mr Day was incapable of sitting as a senator under Section 44 and the vacancy should be filled by a ‘special count of the ballot papers’.
Source: Recount ordered for Day’s SA Senate spot
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