Mark Latham’s firebrand move to bolster One Nation’s power in the NSW upper house, by resigning his seat mid-term and running again at Saturday’s state election, has succeeded. 

The former federal Labor leader returned to elected office at the 2019 NSW election, but resigned from the Legislative Council earlier this month, in the middle of his eight-year term.

The high-profile politician’s win means he’s doubled One Nation’s presence in the state’s upper house, because the seat he resigned will also be filled by a One Nation candidate.

Mr Latham, One Nation’s NSW leader, was on top of the party’s Legislative Council ticket, putting him in the box seat to re-enter the chamber.

Number two on the One Nation ticket is former NSW Labor MP Tania Mihailuk, who defected just weeks out from the election. 

On election night, Ms Mihailuk said she had no regrets about leaving Labor and was confident of increasing One Nation’s numbers.

“I have been really delighted with the results we have seen in Western Sydney, the coast and Upper Hunter,” she said.

“One Nation right now has two members, and I think we will get four. I think One Nation has done well at this election.”

However, as the count progresses, it looks increasingly unlikely One Nation will win two seats this time.

The ABC understands that if the party is unsuccessful in winning a second seat, Ms Mihailuk will fill the vacancy left by Mr Latham’s resignation from the seat he won in 2019.

ABC chief election analyst Antony Green said it would take about three weeks to finalise the upper house numbers, with two thirds of the votes yet to be tallied.

Former Greens MLC Jeremy Buckingham looks set to return to the chamber, for the Legalise Cannabis Party. 

The single-issued party has polled 4 per cent of the vote so far, putting them ahead of the Shooters, Fishers, and Farmers Party, and, the Animal Justice Party, which are fighting for the remaining seats.

Above the line votes have landed Labor with eight seats, the Coalition with six, and the Greens with two.  

Rodney Smith, Professor of Australian politics at Sydney University, said Mr Latham’s profile was critical in the move.

“By resigning his seat and contesting this election, again, his name on the ballot paper for One Nation will attract voters who otherwise wouldn’t have voted for One Nation,” he said. 

“If voters don’t like that, they’ve got alternatives, they can turn their back on One Nation.”

Professor Smith said the move, while unusual, was not unprecedented, and pointed to other strong upper house candidates who had previously repositioned themselves, to contest seats the lower house.

“If that person doesn’t succeed, they’ll put them back in the Legislative Council, whether that’s, you know, any different, or different in scale?”

“In both cases the parties are trying to get an advantage from a recognisable personality.”