Mark Latham's firebrand move to bolster One Nation's power in the NSW upper house, by resigning his seat mid-term and running again at Saturday's state election, has succeeded.
The former federal Labor leader returned to elected office at the 2019 NSW election, but resigned from the Legislative Council earlier this month, in the middle of his eight-year term.
The high-profile politician's win means he's doubled One Nation's presence in the state's upper house, because the seat he resigned will also be filled by a One Nation candidate.
Mr Latham, One Nation's NSW leader, was on top of the party's Legislative Council ticket, putting him in the box seat to re-enter the chamber.
Number two on the One Nation ticket is former NSW Labor MP Tania Mihailuk, who defected just weeks out from the election.
On election night, Ms Mihailuk said she had no regrets about leaving Labor and was confident of increasing One Nation's numbers.
"I have been really delighted with the results we have seen in Western Sydney, the coast and Upper Hunter," she said.
"One Nation right now has two members, and I think we will get four. I think One Nation has done well at this election."
However, as the count progresses, it looks increasingly unlikely One Nation will win two seats this time.
The ABC understands that if the party is unsuccessful in winning a second seat, Ms Mihailuk will fill the vacancy left by Mr Latham's resignation from the seat he won in 2019.
ABC chief election analyst Antony Green said it would take about three weeks to finalise the upper house numbers, with two thirds of the votes yet to be tallied.
Former Greens MLC Jeremy Buckingham looks set to return to the chamber, for the Legalise Cannabis Party.
The single-issued party has polled 4 per cent of the vote so far, putting them ahead of the Shooters, Fishers, and Farmers Party, and, the Animal Justice Party, which are fighting for the remaining seats.
Above the line votes have landed Labor with eight seats, the Coalition with six, and the Greens with two.
Rodney Smith, Professor of Australian politics at Sydney University, said Mr Latham's profile was critical in the move.
"By resigning his seat and contesting this election, again, his name on the ballot paper for One Nation will attract voters who otherwise wouldn't have voted for One Nation," he said.
"What he's doing is saying, 'alright, I'm going to take advantage of a rule just like other MLCs have in order to advance the interests of my party.
"If voters don't like that, they've got alternatives, they can turn their back on One Nation."
Professor Smith said the move, while unusual, was not unprecedented, and pointed to other strong upper house candidates who had previously repositioned themselves, to contest seats the lower house.
"If that person doesn't succeed, they'll put them back in the Legislative Council, whether that's, you know, any different, or different in scale?"
"In both cases the parties are trying to get an advantage from a recognisable personality."
Labor's Penny Sharpe in 2015 resigned from the Legislative Council to contest the lower house seat of Newtown against the Greens' Jenny Leong, but lost, and returned to the upper house.
In 2004, Christian Democrat Fred Nile left NSW's Legislative Council and unsuccessfully tried to win a senate seat at federal election,.
In NSW, the upper house is made up of 42 MPs who serve an eight-year term, and are immediately elected upon securing a quota of about 4.5 per cent of the votes.
Half of the seats are up for election this time.
After all spare votes and other preferences are distributed, the least popular candidates are eliminated progressively from the count.
There is the option of voting below the line, if you want to choose another candidate for a political party.
But most people don't because this process can be confusing and slow.
