The Joyce supporters claim that section 44 of the Australian Constitution prevents state or federal public servants or anyone that is in receipt of a commonwealth pension from contesting federal seats in an election.

Glen Innes local Ruth Davey said she got a copy of the Australian constitution from Barnaby Joyce’s office and read it thoroughly.

“I am a Barnaby supporter, I think Mr Joyce sticks up for country people more than Mr Windsor and Mr Goldstein,” she said. 

“There is some very interesting information in the Australian constitution and whilst I am not a constitutional lawyer I believe section 44 says they should be disqualified from standing.”

Mr Windsor said the advice that he has received is that he can still receive his pension until such time as he nominates as a candidate.

“All these people would have to do is ring the parliamentary super people, you don’t have to be a member of parliament to call them, and they will find out that I can receive a pension until I nominate,” he said.

“The people of New England can be assured that I will abide by the law.

“The dirty tactics have started and these types of things are little indicators of some degree of stress from Barnaby’s camp.”

Glen Innes high school teacher Mercurius Goldstein has filed resignation papers with the NSW Department of Education in order to contest the 2016 Federal election as the Greens candidate in the seat of New England.

"I am fully committed to working with the people and communities of New England as we spread the message to transition away from fossil fuels, fairly fund public schools and TAFE, and to maintain local jobs though our local livestock industry,” Mr Goldstein said.

"I have known all along that campaigning for New England would require this level of commitment, ever since my preselection was announced at AgQuip in Gunnedah last August.

"It's a sign of how nervous Barnaby Joyce's supporters are that some would seek to knock out the Greens candidate on a technicality, instead of debating the policy issues with me."

Mr Goldstein said he welcomed the heightened level of interest in the Greens campaign for New England, and trusts that it will continue.

“I will be campaigning to keep local councils strong through a referendum proposal, to protect water infrastructure from privatisation, and to ensure that farmland throughout New England would be kept free from coal and CSG mining,” he said.

Mr Goldstein also sought to dispel concerns his students at Glen Innes High School were suffering due to his candidacy.

"Despite the upheaval in my personal life, it will be business as usual at school for our students and their learning programs,” he said. 

“The students' new teacher is fully qualified for language teaching and has prior experience at the school and all plans are in place to continue as normal."

Professor Explains what section 44 really means

University of NSW Law Professor and constitutional lawyer George Williams said that the Barnaby Joyce supporters are correct in their interpretation of section 44 of the Australian Constitution.

"All Tony Windsor has to do to abide by the law is to not receive the pension,” Professor Williams said.

“He can be eligible for it but decide to not receive it and that is a way he can avoid breaking the law.

“None of this kicks in though until he signs the nomination papers, which would be several weeks away I would assume, but once he nominates he can’t receive the pension.”

Professor Williams said Mr Goldstein has also correctly interpreted the law and has done the right thing by resigning as a school teacher from the date his nomination papers are signed.

SECTION 44 READS

Section 44 of the Constitution sets out restrictions on who can be a candidate for Federal 

parliament. In full it reads:

44. Any person who -

(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is 

a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign 

power: or

(ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be 

sentenced, for any offence punishable under the law of the Commonwealth or of a State by 

imprisonment for one year or longer: or

(iii.) Is an undischarged bankrupt or insolvent: or

(iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the 

Crown out of any of the revenues of the Commonwealth: or

(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the 

Commonwealth otherwise than as a member and in common with the other members of an incorporated 

company consisting of more than twenty-five persons:

shall be incapable of being chosen or of sitting as a senator or a member of the House of 

Representatives.

But sub-section iv. does not apply to the office of any of the Queen s Ministers of State for the 

Commonwealth, or of any of the Queen s Ministers for a State, or to the receipt of pay, half pay, 

or a pension, by any person as an officer or member of the Queen s navy or army, or to the receipt 

of pay as an officer or member of the naval or military forces of the Commonwealth by any person 

whose services are not wholly employed by the Commonwealth