Ferny Grove by-election may not be needed
A potentially ineligible candidate's small proportion of the overall vote in a Brisbane seat may mean voters there won't have to return to the polls.
The count in Ferny Grove, in northwest Brisbane, is currently too close to call.
Labor's Mark Furner was leading the Liberal National Party incumbent Dale Shuttleworth by 370 votes on Tuesday afternoon.
At least 800 votes have been cast for the Palmer United Party's Mark Taverner as well.
But the Electoral Commission Queensland (ECQ) has received advice since the election that Mr Taverner is an undeclared bankrupt and potentially ineligible.
The ECQ is seeking Crown Law advice about whether he's eligible, whether there's any precedents and whether his status would necessitate a by-election in the seat.
"We're waiting for advice so we can let all the candidates know," a spokesman told AAP.
However, Mr Taverner's small proportion of the overall vote, when absentee and postal votes are included, may not affect the outcome in Ferny Grove, so a by-election may be needed.
The only other way Ferny Grove voters could potentially to go back to the polls is if another candidate lodges a complaint with the Supreme Court.
Counting is understood to be continuing in the seat.
Share a tip-off, video or photo with us