The Australian Electoral Commission has asked federal police to examine whether former senator Rod Culleton has given a false statement about his eligibility to run for the Senate.
Mr Culleton, who was disqualified from parliament in 2017, declared on an official form he was now clear to run for parliament and the AEC formally declared his candidacy this week.
Electoral laws do not give the AEC power to reject a fully completed candidate nomination, regardless of whether any answer to a question of the qualification checklist is incorrect, false or inadequate.
However, given Mr Culleton's prior disqualification by the High Court, the AEC has sent his candidate nomination form to the Australian Federal Police to examine if a false declaration has been made, relating to his status as an undischarged bankrupt.
Being an undischarged bankrupt prevents a person from being chosen, or to sit, as a senator under section 44 of the constitution.
"A search of the National Personal Insolvency Index indicates that Mr Culleton is currently listed as an undischarged bankrupt," the AEC said in a statement on Wednesday.
Mr Culleton's name will remain on the WA Senate ballot paper.
Australian Associated Press