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.