[25] Which party interest Kay supported was determined by the Clerk of the Assembly after considering the votes of the late member on any motion of censure.
Arthur Tonge had the most votes of the unsuccessful Labor candidates at the 1925 election and took his seat on 22 September 1926.
[27] Arthur Cocks resigned on 14 February 1925 to accept appointment to the position of Agent-General for NSW in London.
[29] Between 1920 and 1927 the Legislative Assembly was elected using a form of proportional representation with multi-member seats and a single transferable vote (modified Hare-Clark).
The Parliamentary Elections (Casual Vacancies) Act,[30] provided that casual vacancies were filled by the next unsuccessful candidate "who represents the same party interest as the late member".