Victorian Premier Daniel Andrews wants to elevate his parliamentary secretary to the ministry after sacking Adem Somyurek over branch stacking allegations.
However, Danny Pearson's promotion to Local Government and Small Business Minister may be stymied by the state's constitution, which dictates that no more than 17 ministers can be from parliament's lower house, the Legislative Assembly.
Mr Pearon's appointment would seemingly bring the total to 18.
Mr Somyurek had been in Victoria's upper house, the Legislative Council.
The state government has been contacted for comment about the issue.
Mr Pearson, a father of five, was elected as the Member for Essendon in 2014.
He has served as the Chair of the Public Accounts and Estimates Committee and most recently as Parliamentary Secretary to the Premier.
Mr Andrews earlier said local government and small business portfolios were "critically important" and stressed his faith in Mr Pearson.
"I am confident that he will do an outstanding job, not only as a good servant of his community, but as a fantastic minister," Mr Andrews told reporters.
State parliament is due to sit again from Tuesday.
Australian Associated Press
