The Australian Electoral Commission (AEC) has referred former One Nation senator Rod Culleton's candidacy for the upcoming federal election to police, to examine if he made a false bankruptcy declaration on his nomination form.

Key points: Rod Culleton was declared bankrupt by the Federal Court in 2016

Rod Culleton was declared bankrupt by the Federal Court in 2016 The AEC has referred his candidacy for the upcoming election to the AFP

The AEC has referred his candidacy for the upcoming election to the AFP Mr Culleton's name will still appear on WA Senate ballot papers

Mr Culleton, who initially sat as a One Nation senator and then an independent after the 2016 election, was among the list of candidates declared by the AEC on Wednesday for the Senate in Western Australia.

The Federal Court found in late 2016 that Mr Culleton was bankrupt, and as a result his Senate seat was declared vacant.

The High Court also ruled in February 2017 that Mr Culleton had been ineligible to stand as a senator because of a larceny charge in New South Wales.

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Due to this previous disqualification by the High Court, the AEC on Wednesday said it had referred his candidate nomination form for the coming federal election to the Australian Federal Police (AFP).

It has asked the AFP "to examine if a false declaration has been made under provisions of the Criminal Code Act 1995, relating to his status as an undischarged bankrupt and the prima facie disqualification of such persons to be chosen or to sit as a Senator or Member of the House of Representatives under section 44(iii) of the Constitution".

The Federal Court found that Mr Culleton was bankrupt in 2016. ( ABC News: David Weber )

The AEC added that a search of the National Personal Insolvency Index showed Mr Culleton was currently listed as an undischarged bankrupt.

Ruling won't keep Culleton off ballot form

Regardless of the AFP investigation, the AEC said that as a declared candidate Mr Culleton's name would appear on the WA Senate ballot paper at the election.

That was because the AEC did not have the power reject a candidate who had signed the declaration form and paid their $2,000 deposit, and it did not have the power to rule a candidate disqualified.

Mr Culleton sat as both a One Nation and independent senator in federal parliament. ( ABC News: Ross Nerdal )

ABC election analyst Antony Green said issues of disqualification were dealt with after the election by the Court of Disputed Returns.

"The AEC can't exclude him during the count," Mr Green said.

"I presume they will do the count as normal. Everyone will examine the entrails of the distribution of preferences afterwards, and if Mr Culleton's presence is seen as having influenced the result there may be a challenge.

"If he doesn't influence the result, there'll probably be no challenge."

'Vexatious litigant' running alongside Culleton

It has also emerged that a self-proclaimed expert of the constitution, who was declared a "vexatious litigant" by the WA Supreme Court, is running for the Senate under Mr Culleton's Great Australian Party.

Wayne Glew owed the City of Greater-Geraldton nearly $300,000 in unpaid rates and legal costs because he believed local governments were unlawful and did not exist under the constitution.

The former police officer's arguments were described by the court as "nonsensical and incoherent".

In several of his many court cases, he has accused magistrates and judges of sitting in "treason" and threatened to arrest them under the crown.

Wayne Glew owed the City of Greater-Geraldton nearly $300,000 in unpaid rates and legal costs. ( Supplied: Facebook )

Mr Glew will be placed second on the ballot papers underneath Mr Culleton, who established a new party ahead of the 2019 federal election.

Mr Culleton said he endorsed Mr Glew because of his constitutional knowledge.

"We need to get some old schooled into the Parliament," he said.

"As everyone knows the constitutional duties of a senator is to have a constitutional role.

"Wayne Glew is outstanding with his knowledge of the constitution and how that applies and he has run some very good arguments."

He said he was made aware of Mr Glew because the court cases Mr Glew lost were used in Mr Culleton's judgments.