The newly-elected senator will be sworn in on 18 June. The Attorney General has said he will not make a statement about a former senator's eligibility to run for his old seat in Jersey.Stuart Syvret automatically lost his seat after being in "self-imposed exile" in the UK for six months.
He has indicated he would like to run in the by-election, but candidates must ordinarily be resident in the island.
Attorney General Timothy Le Cocq said it was up to candidates to make sure they were qualified to be elected.
If a ruling was needed it would be a matter for the court alone to make, he added.
The States Assembly, the island's decision-making body, is made up of 12 senators who sit for a six-year term.
The by-election will be held on 16 June with the new senator sworn in on 18 June.
No election eligibility statement from Jersey law lord States Assembly