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Ineligible Greens candidate Owen Fitzgerald to remain on ballot despite campaign suspension

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Fitzgerald's campaign suspension was announced on a Wednesday

A 19-year-old Greens candidate who withdrew from the federal election race over citizenship concerns will still appear on ballot papers in the Tasmanian seat of Franklin.

Owen Fitzgerald announced on Wednesday he was suspending his campaign after receiving legal advice that he held New Zealand citizenship by descent, likely making him ineligible under section 44 of the Constitution.

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Despite his withdrawal, the Australian Electoral Commission has confirmed Franklin voters will still see Fitzgerald’s name when they head to the polls on May 3.

They say ballot papers were printed immediately after the declaration of candidates and there is no provision for parties to nominate new candidates after the declaration.

Fitzgerald withdrew from the federal election over citizenship concerns

Rules related to voting and the counting of ballots remain the same in cases where candidates resign or are disendorsed.

Fitzgerald says he is disappointment but remains optimistic about his political future.

Fitzgerald withdrew from the federal election over citizenship concerns

“Fighting for environmental and social justice has always been a lifetime mission for me,” he said on Wednesday.

“This is a disappointing but temporary setback and I will be back.”

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For Franklin voters, any votes cast for Fitzgerald will be counted according to normal preference distribution rules.

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