Section 44 crisis hits campaign as Liberals dump three candidates across Victorian seats

The federal Liberals have been forced to dump three preselected candidates in Melbourne after it emerged they could potentially fall foul of Section 44 of the Constitution if elected.

The Liberals have been forced to dump three preselected candidates in Melbourne after it emerged they would likely fall foul of Section 44 if elected.

The revelation threatens to send panic throughout parties across the country as they scramble to triple-check the eligibility of all candidates for the May 18 poll.

The constitutional crisis crippled which federal parliament for the past three years leading to 17 senators and MPs resigning over their citizenship status.

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The Victorian Liberals branch is now rushing to find last-minute replacements in three Labor-held seats before nominations close on April 23.

Current and future MPs and senators are now required to state the place and date of birth of themselves and their parents, and details of renunciation of foreign citizenship.

Kate Oski, the candidate for Labor in Melbourne’s west, has stepped aside and will likely be replaced by her mother, Gayle Murphy.

The Herald Sun understands Ms Oski has rights to Polish citizenship through her father, Stephen, and was unable to complete a complex process to renounce her claim in time.

Liberal candidate in Wills, Vaishali Ghosh, has also been forced to step aside because of her Indian heritage.

It is understood Ms Ghosh is not an Indian citizen, but party officials were concerns over her Persons of Indian Origin status, which allows those with Indian parents or grandparents access to long term visas.

A third candidate, Helen Jackson in the inner-city seat of Cooper, will also be dumped because she is an employee of Australia Post.

It potentially rules her out because the constitution deems anyone who has any office of profit under the Crown is ineligible to sit in parliament.

Ms Jackson is understood to have refused to resign, telling the party she had legal advice saying she was in the clear.

But sources said the Liberals’ own advice was that her situation was “ambiguous” and she is set to be officially disendorsed.

Malcolm Turnbull introduced the parliamentary register in 2018 to weed out dual ­citizens but was opposed to constitutional change after a parliamentary committee recommended a referendum to repeal or modify Section 44.

A Victorian Liberal Party spokesman said the candidates for Lalor and Wills had voluntarily withdrawn ahead of the Election.

“The party’s vetting process identified there was a possibility neither would meet strict citizenship requirements under section 44 of the Australian Constitution in time for close of nominations,” he said.

“We thank our outgoing candidates and are in the process of identifying new candidates for Lalor and Wills.”

The Herald Sun has been told the party only began vetting candidates once they had been officially endorsed because some candidates for preselection had raised concern about their personal details being widely shared within party ranks.

The issue — while almost derailed the Turnbull Government — forced eight lower house by-elections, including then deputy PM Barnaby Joyce, Liberal MP John Alexander and in Victoria’s Batman after the resignation of Labor MP David Feeney.

All political parties have now been forced to overhaul their processes to ensure candidates contesting elections are in the clear, forcing them to employ lengthy legal processes.

One senior source said the eligibility issue should be deal with by the next parliament by calling a referendum on the issue.

Mr Turnbull introduced the parliamentary register in 2018 to weed out dual ­citizens but was opposed to constitutional change after a parliamentary committee recommended a referendum to repeal or modify section 44.

But in the lead up to the “Super Saturday” by-elections he rejected a parliamentary committee which recommended a referendum to repeal or modify section 44.