from "active and public participation in party politics" (para. 14). These reasons apply to a public servant who is a permanent teacher, even though (it was accepted) "a teacher is not an instance of the archetypical public servant at whom the disqualification was primarily aimed" (para. 18). It did not matter that Cleary was employed by "the Crown" in right of the State of Victoria and not in right of the Commonwealth; since the exception to s 44(iv) includes ministers of a State, s 44(iv) itself must include State officers. Nor that Cleary had been on leave without pay in order to fight the election; he continued to occupy the position. It did not matter, either, that Cleary had resigned from his position on hearing the outcome of the distribution of preferences and before the result was declared. The words "being chosen" were held to refer to a process of choice, which begins on the polling day. More fully, "incapable of being chosen" extends back to nomination. The process does not include the" declaration of the poll, which is only "the announcement of the choice made" (para. 25). Deane J dissented, holding that it was sufficient if the candidate is qualified at the moment when the result of the poll is declared, by which point Cleary had resigned from his position. Deane was concerned that to require candidates always to be qualified at the point of nomination deters the more than ten per cent (at that time) of the workforce who are employed in the public service of the Commonwealth or a State. He thought that taking leave without pay or other emoluments, intending to resign if electoral success became apparent, is "preferable […] to the rather devious procedure of an ostensible termination of employment" under a guarantee of reinstatement if not elected, as has been established by Commonwealth and State legislation (para. 19). Jeannie Ferris (1996) During the period between the declaration of her election in March 1996 and taking her seat on 1 July of that year, Jeannie Ferris had been employed by Liberal Party Senator Nick Minchin. It was unclear at the time whether this constituted holding an "office of profit under the Crown" as specified in subsection 44(iv). To avoid the possibility of her election being declared invalid, Ferris resigned from the Senate only to be immediately re-appointed by the Parliament of South Australia to fill