The Federal Government has backed calls for disaffected former Nick Xenophon Team member Tim Storer to replace Skye Kakoschke-Moore in the Senate.

In a major blow to Ms Kakoschke-Moore's hopes of returning to her post, the Attorney-General has made a submission to the High Court saying she should not be included in a vote recount.

The former senator for South Australia lost her position in November due to her dual British citizenship, but then launched a bid to replace herself and continue in the role.

At the time of the 2016 election Mr Storer was next in line, and he argued the spot was his to take.

However, about two weeks before Ms Kakoschke-Moore's resignation, Mr Storer was either expelled or resigned from the NXT after he tried to take the Senate seat left vacant by Mr Xenophon's return to SA politics.

He made the move when the party had already chosen Rex Patrick as Mr Xenophon's replacement.

In other cases in which politicians lost their positions in the dual citizenship saga, the Electoral Commission conducted recounts of the votes cast at the last election to determine their replacements.

Skye Kakoschke-Moore with Nick Xenophon announcing her resignation from the Senate. ( ABC News: Nick Harmsen )

In a High Court battle, Ms Kakoschke-Moore argued she should be included in the recount because she had since renounced her British citizenship.

But the Attorney-General's submission described her proposal as "untenable".

"Ms Kakoschke-Moore's submission that the return of Mr Storer would not give effect to the true legal intention of the voters should be rejected," the submission stated.

"Acceptance of that submission would be productive of uncertainty and instability, and would expose the result of elections to manipulation.

"There will be no distortion of the voters' true legal intentions if Mr Storer is returned as duly elected despite the fact that he is no longer a member of the NXT."

The submission stated there was no rule which required senators to remain in the party that endorsed them for nomination.

"If a sitting senator resigns from their party and becomes an independent, they do not thereby vacate their place in the Senate," it stated.

"The position is no different if, after the voters have expressed their intention by voting, a candidate ceases to be a member of the political party that endorsed them prior to the election."

In his submission, Mr Storer said allowing Ms Kakoschke-Moore to be included in the recount would defeat the purpose of holding one.

"If the special count reveals that the electors chose Mr Storer, as the next candidate on the 'ticket', the inclusion of Ms Kakoschke-Moore as a candidate in the special count would distort the true legal effect of what voters did at the 2016 election," the submission stated.