The Christian Democratic Party contender Paul Rossetto is on Griffith Council and has been cleared to continue that role through the campaign.

"I ran it past our mayor and he saw no problem with it, provided I attended ordinary council meetings," Mr Rossetto said.

He also said his party had raised no concerns.

In comparison, Mr Kerr had already stood down from council duties before the Labor Party told him if he wanted to remain its candidate he would have to resign, which he did.

The ambiguity for councillors centres on section 44 of the constitution which argues election candidates cannot "hold any office of profit under the Crown".

Charles Sturt University constitutional law specialist Bede Harris said it had not been clearly determined whether "office of profit" applied to councillors who receive an allowance as opposed to a salary.

"What would have to happen would be either a change in the constitution through a referendum to make it clear or a High Court challenge into what the words "office under the Crown" meant," he said.

"No political party is going to take the gamble on how the High Court interpret that section of the constitution, so they're going to err on the side of caution and say to their candidate 'resign from your position'."

Dr Harris said the most recent High Court relevant case was in 1992 when Phil Cleary was a high school teacher at the time of his election as an independent.

The decision set a precedent that public servants had to resign their jobs before nominating.