By Howard Fischer | Capitol Media Services via Arizona Daily Star
An attorney for several Arizonans asked a federal appeals court Wednesday to order a special election to replace Sen. John McCain — and sooner than the November 2020 vote set by Gov. Doug Ducey.
Michael Persoon told a three-judge panel of the 9th Circuit Court of Appeals that the U.S. Constitution does allow Ducey to “temporarily” fill a vacancy created by the death or resignation of a senator. That is how Jon Kyl got appointed following McCain’s August 2018 death, and how Martha McSally was tapped after Kyl quit in January.
But Persoon said there also is a legal requirement to call a special election to fill out the balance of the senator’s term.
Ducey did that — but set the date for that special election to coincide with the regular 2020 election, 27 months after McCain’s death. And Persoon said that is illegal, effectively denying Arizona voters a chance to select someone they want to represent them.