Lawsuit filed against Doug Ducey, Jon Kyl over future of John McCain’s Senate seat

Gov. Doug Ducey announces Jon Kyle agreed to temporarily fill John McCain’s Senate seat.

By Yvonne Wingett Sanchez | Arizona Republic

Lawyers in Chicago and Arizona have launched a long-shot legal bid to let Arizona voters, not Gov. Doug Ducey, decide next year who will hold the Senate seat once held by John McCain.

The legal team is fighting on behalf of five individuals over filling the seat, which is now held by Ducey appointee Jon Kyl. One of the plaintiffs is Barry Hess, the Libertarian and one-time gubernatorial candidate.

Their lawsuit against Ducey and Kyl was filed Wednesday in U.S. District Court in Phoenix.

McCain died Aug. 25 after a battle with brain cancer.

The lawsuit argues that Ducey violated the Constitution’s 17th Amendment by not calling for an election to be held as soon as practicable after the McCain vacancy occurred. Ducey did issue a writ of election within days of McCain’s death, scheduling it to be held in 2020, said Eric Spencer, elections director for the Arizona secretary of state.


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