Deputy PM Warren Truss says any fresh Senate poll in WA should be held as soon as possible. Source: AAP
WEST Australians may have to wait until next year to find out if they have to return to the ballot box for a fresh Senate election, a constitutional expert warns.
The Australian Electoral Commission (AEC) announced on Saturday that Greens Senator Scott Ludlam and the Australian Sports Party's Wayne Dropulich had been elected to the Senate after a controversial partial recount in WA.
The announcement came as former Australian Federal Police commissioner Mick Keelty continued his investigation into 1375 missing votes.
Palmer United Party leader Clive Palmer immediately flagged a High Court challenge after his candidate Zhenya "Dio" Wang and Labor's Louise Pratt missed out, despite having been successful in the initial count.
Once the writs for the Senate election are returned to the WA governor early this week, there is a 40-day window for legal challenges to be lodged.
The High Court, sitting as the Court of Disputed Returns, would decide whether a new election should be held.
University of Queensland Law Professor Graeme Orr said it might be months before the court could consider the matter, although it might sit over Christmas if necessary.
"It would be too quick to (happen within) the 40 days because you have to get all the evidence together and (the full bench of) judges together," he told AAP.
Prof Orr said parties lodging a challenge had to supply a statement of claim outlining their evidence, which would take time to compile.
He pointed to the Queensland election in July 1995, in which a court challenge was lodged in August, before a decision came out in December ordering a by-election.
The by-election took place in February 1996.
Labor Deputy Leader Tanya Plibersek said Mr Kelty's investigation must be allowed to run its course, but did not rule out Labor pushing for a fresh poll.
"I think it's obviously very important Western Australians are confident that they got the senators they voted for," she told reporters in Sydney.
"But the question of how we can have that confidence is one for a few days' time when the investigation is complete."
She described the situation as a "very unfortunate incident", but said the AEC had a reputation for being the best and most reliable in the world.
Deputy Prime Minister Warren Truss said any new Senate election in WA should be held as soon as possible.
The situation of missing votes was a debacle.
"The whole event is a huge embarrassment for the Australian electoral system and we must make sure it doesn't happen again," Mr Truss said.
Senator Ludlam allowed himself a brief moment of celebration on being declared re-elected, but is not certain his victory will stick.
"We are really in uncharted territory," he said.
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