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Appeals court won't reinstate Arizona US Senate seat suit

Gavel shot
Posted at 12:18 PM, Feb 27, 2020
and last updated 2020-02-27 14:18:32-05

PHOENIX - A federal appeals court won't revive a lawsuit that sought to require Arizona's governor to call a snap special election to fill the U.S. Senate seat now held by Republican Martha McSally.

The lawsuit filed by a small group of voters alleged that Gov. Doug Ducey violated the constitution by waiting until this coming November to hold an election to permanently former Sen. John McCain's seat.

McCain died in August 2018 and Ducey appointed McSally in December 2018 after placeholder appointee Jon Kyl resigned.

U.S. District Judge Diane Humetewa rejected several constitutional challenges last June. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed with Humetewa in a ruling issued Thursday.