Family First's Lucy Gichuhi signed a nomination form to stand for a South Australian senate seat declaring she's a naturalised Australian citizen.
The Kenyan-born lawyer who could fill former Family First senator Bob Day's spot signed a candidate nomination form stating she became an Australian citizen in 2001.
The nomination form was attached to a submission by the attorney-general in the High Court case that resulted in Mr Day being declared ineligible to sit as a senator due to a leasing arrangement he had with the government for his Adelaide electorate office.
On the form, signed by Lucy Gichuhi on May 30 last year, she states she was born in Kenya but became a naturalised Australian citizen on July 17, 2001.
She also confirms in writing she is "not incapable" of being chosen to run for parliament under Section 44 of the constitution.
Under the constitution, a person cannot sit as an MP if they are "a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power".
The Australian Electoral Commission is awaiting advice from a High Court judge on how the special count to replace Mr Day should be conducted.
It is widely expected the special count will confirm Ms Gichuhi, who was second on the SA Senate ticket for Family First at the 2016 election, as the replacement and she will be sworn in on May 9.
Ms Gichuhi told the ABC she "absolutely" wanted to be a senator and due diligence had been undertaken before she was nominated as a Family First candidate.
"We sought all the legal advice and information that was necessary to truthfully complete the nomination form," she said on Thursday.
However, she has repeatedly declined to answer journalists' questions about whether she retained Kenyan citizenship in some form, which could raise constitutional issues.
Asked whether the government planned to take any further action to clarify Ms Gichuhi's status, a spokeswoman for Special Minister of State Scott Ryan said: "The government will await the conclusion of the High Court proceedings and the recount by the Australian Electoral Commission."
Meanwhile, SA Premier Jay Weatherill was expecting to meet with Ms Gichuhi on Thursday to discuss some of the issues the state was advancing with the federal government.
He told reporters he hoped she would be a strong supporter of South Australia.
"Bob (Day) was an enemy of South Australia, so it can only go up from there," Mr Weatherill said.
"He was the one that was trying to give away our funds while he was attacking horizontal fiscal equalisation (federal funding distribution).
"Bob was just basically a vote for the coalition."
However, Mr Weatherill still hoped the special count would deliver the seat to Labor's Anne McEwen, who was a party to the High Court case.