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Ducey team asks judge to throw out lawsuit seeking earlier election to fill Senate seat

Posted by   /  January 12, 2019  /  No Comments

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Attorneys for Gov. Doug Ducey say he has the right to appoint Martha McSally, above, to fill the U.S. Senate seat once occupied by John McCain./Howard Fischer : Capitol Media Services

 

By Howard Fischer | Capitol Media Services via Arizona Daily Star

Gov. Doug Ducey is asking a federal judge to throw out a lawsuit demanding that he call an election — and soon — to fill a U.S. Senate seat following the death of John McCain, rather than let Martha McSally keep the post until 2020.

In legal papers filed Friday, attorney Brett Johnson, who is leading Ducey’s legal team, acknowledged that vacancies in the U.S. House must be filled by a special election. But Johnson told U.S. District Judge Diane Humetewa that the U.S. Constitution allows the Legislature to let Ducey name a senator to serve until the next regular election.

And the fact that election won’t be until 27 months after McCain’s death last August, he said, does not change that.

Anyway, Johnson said, a special election solely to name a replacement would not just be expensive but also would give the edge to wealthier candidates.

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  • Published: 2 months ago on January 12, 2019
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  • Last Modified: January 14, 2019 @ 12:28 pm
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