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You can find the current article at its original source at https://www.theguardian.com/australia-news/2018/feb/13/nick-xenophon-teams-senate-bloc-reduced-to-two-after-high-court-ruling
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| Nick Xenophon Team's Senate bloc reduced to two after high court ruling | Nick Xenophon Team's Senate bloc reduced to two after high court ruling |
| (7 days later) | |
| Nick Xenophon’s parliamentary clout has taken a serious hit with the high court ruling out former colleague Skye Kakoschke-Moore from reclaiming her Senate seat. | Nick Xenophon’s parliamentary clout has taken a serious hit with the high court ruling out former colleague Skye Kakoschke-Moore from reclaiming her Senate seat. |
| Instead, the South Australian seat will go to Tim Storer, who quit the party in November and is set to sit as an independent. | Instead, the South Australian seat will go to Tim Storer, who quit the party in November and is set to sit as an independent. |
| The outcome significantly reduces the influence of a once powerful voting bloc and will leave the Turnbull government with one more unpredictable crossbench senator to wrangle. | The outcome significantly reduces the influence of a once powerful voting bloc and will leave the Turnbull government with one more unpredictable crossbench senator to wrangle. |
| The high court has found Kakoschke-Moore – who stood down in November over her dual citizenship – was not eligible to replace herself despite having renounced her British ties. | The high court has found Kakoschke-Moore – who stood down in November over her dual citizenship – was not eligible to replace herself despite having renounced her British ties. |
| The court’s full bench on Tuesday unanimously found Storer should not be excluded from a special count that will determine the seat. | The court’s full bench on Tuesday unanimously found Storer should not be excluded from a special count that will determine the seat. |
| The special count will be conducted by the Australian Electoral Commission on Thursday. The court is expected to return to receive the result and declare Storer duly elected on Friday. | The special count will be conducted by the Australian Electoral Commission on Thursday. The court is expected to return to receive the result and declare Storer duly elected on Friday. |
| Previous special counts ordered by the court have resulted in senators who quit over their citizenship being replaced by the next candidate on the party ticket. | Previous special counts ordered by the court have resulted in senators who quit over their citizenship being replaced by the next candidate on the party ticket. |
| Lawyers for Kakoschke-Moore had argued that, having renounced her British citizenship, there were no longer any constitutional barriers standing in her way. | Lawyers for Kakoschke-Moore had argued that, having renounced her British citizenship, there were no longer any constitutional barriers standing in her way. |
| “She is an Australian citizen and a person otherwise capable of being chosen and of sitting,” David Jackson QC said. | “She is an Australian citizen and a person otherwise capable of being chosen and of sitting,” David Jackson QC said. |
| Jackson also argued allowing Storer to skate into parliament after quitting the Nick Xenophon Team would be a “rather curious” distortion of the true intention of those who voted for the party. | Jackson also argued allowing Storer to skate into parliament after quitting the Nick Xenophon Team would be a “rather curious” distortion of the true intention of those who voted for the party. |
| “He has ceased to be member of the political party for which South Australians voted in 2016,” he told the court. | “He has ceased to be member of the political party for which South Australians voted in 2016,” he told the court. |
| However, these arguments were quickly shot down, with the court ruling against Kakoschke-Moore’s case within five minutes of consideration. | However, these arguments were quickly shot down, with the court ruling against Kakoschke-Moore’s case within five minutes of consideration. |
| The expected selection of Storer will leave the NXT – soon to be renamed SA Best – with two senators and a lower house MP. | The expected selection of Storer will leave the NXT – soon to be renamed SA Best – with two senators and a lower house MP. |
| The reduction in Senate numbers removes the power of NXT to block pieces of government legislation opposed by Labor and the Greens. | The reduction in Senate numbers removes the power of NXT to block pieces of government legislation opposed by Labor and the Greens. |
| The government could still succeed with legislation opposed by NXT, providing it secured the support of One Nation and six crossbench senators. | The government could still succeed with legislation opposed by NXT, providing it secured the support of One Nation and six crossbench senators. |
| Kakoschke-Moore said in a statement the court had provided “certainty” in relation to how her seat would be filled and confirmed she would contest the next federal election. | Kakoschke-Moore said in a statement the court had provided “certainty” in relation to how her seat would be filled and confirmed she would contest the next federal election. |
| “No one was more surprised or heartbroken than me when I discovered my dual citizenship,” she said. “I was not going to leave any stone unturned if it meant I would be able to return to the Senate to represent the state that I love.” | “No one was more surprised or heartbroken than me when I discovered my dual citizenship,” she said. “I was not going to leave any stone unturned if it meant I would be able to return to the Senate to represent the state that I love.” |
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