Commonwealth submissions will argue only One Nation Senator Malcolm Roberts and former Greens Senator Scott Ludlam have been wrongly elected to Parliament.
The submissions follow the citizenship scandal which saw seven politicians in breach of section 44 of the constitution, which bans anyone who holds dual citizenship from being elected to Parliament.
The submissions argue the constitution should only disqualify those who have “voluntarily obtained, or retained” foreign citizenship.
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They argue a “person who does not know they are, or ever were, a foreign citizen” should not be ruled ineligible.
This goes to the heart of the cases put forward by Barnaby Joyce, Fiona Nash, Matt Canavan and Nick Xenophon.
All claim they had no knowledge they could be foreign nationals by decent, and laws of other countries should not force them out of Parliament.
This argument would also help rapidly return Larissa Waters to Parliament, who resigned after finding out she held Canadian citizenship.
The former Queensland Greens Senator could return to Parliament, as a replacement for herself.
Last week the High Court ruled Senator Roberts was a British citizen at the time of the last election and ruled him ineligible.
Mr Ludlam resigned on July 15 after realising he held a New Zealand citizenship.