CrimsonPhantom
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John McCain's death means potential legal battle to fill his Senate seat
Quote:With the news that Arizona Senator John McCain has passed away due to complications from brain cancer, the speculation over who will succeed him in the position he has held since 1987 has begun in earnest.
The timing of McCain’s death results in a complicated process that could end up in a court battle in a state that will be key to determining the balance of power in the U.S. Senate this midterm cycle.
According to Arizona state law, the governor appoints a replacement for any vacancy in a U.S. Senate seat who will hold it until the "next eligible general election."
That person must belong to the same political party of the person who held the seat.
That means Doug Ducey, Arizona's Republican governor, would appoint a Republican to fill McCain's seat until the next general election or until the governor decided to call a special election.
However, the most important piece of state law in this situation is that the candidate filing deadline for the election cannot be fewer than 90 days before a primary for that special election.
State law stipulates that the vacancy "must occur sufficiently before" that deadline to gather signatures to get on the primary ballot.
Since the Arizona primaries will be held this Tuesday, the filing deadline for candidates would have had to have been May 30 for a special election to comply with state law.
So even though the next general election in Arizona is in November, the timing of McCain’s passing likely ensures that whomever Ducey appoints to replace him will serve until 2020, the next general election year.
Matt Roberts, the communications director for the Arizona Secretary of State, confirmed to ABC News that Ducey plans to appoint a replacement that will serve in McCain’s seat until 2020.
Democrats could challenge that relevant portion of state law to try and force a special election in 2018, which would put both of the state's Senate seats up this cycle since retiring Sen. Jeff Flake's seat is also up.
A special election this year would force Republicans to defend two Senate seats this cycle in a state Donald Trump won by just four percentage points in the 2016 presidential election.
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| 08-26-2018 12:32 PM |
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bullet
Legend

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RE: John McCain's death means potential legal battle to fill his Senate seat
Democrats don't get their way. They take things to court. What else is new?
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| 08-26-2018 12:44 PM |
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Native Georgian
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RE: John McCain's death means potential legal battle to fill his Senate seat
There is Zero chance that a special election for McCain’s seat will be held this year.
About a 10% chance it will take place sometime in 2019, but even this would require a very “activist” judge willing to overlook the law.
90% chance the special election will coincide with the 2020 general election.
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| 08-26-2018 12:53 PM |
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green
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RE: John McCain's death means potential legal battle to fill his Senate seat
thanks for posting ...
I wondered what happens in the event ...
SHORT NOTICE
(This post was last modified: 08-26-2018 01:43 PM by green.)
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| 08-26-2018 01:28 PM |
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Tom in Lazybrook
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RE: John McCain's death means potential legal battle to fill his Senate seat
And does anyone even question that if the shoe had been on the other foot, that the GOP wouldn't be suing?
Let the Dems challenge the statute. At least you'd get clarification.
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| 08-26-2018 11:00 PM |
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TigerBlue4Ever
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-26-2018 01:23 PM)Memphis Blazer Wrote: I love when you guys make up stuff to trash Democrats over
We don't have to make up anything. They do an outstanding job of providing us with all the material one could ever want.
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| 08-27-2018 07:19 AM |
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thespiritof1976
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-27-2018 07:19 AM)TigerBlue4Ever Wrote: (08-26-2018 01:23 PM)Memphis Blazer Wrote: I love when you guys make up stuff to trash Democrats over
We don't have to make up anything. They do an outstanding job of providing us with all the material one could ever want.
To be honest, liberals tend to always be the ones who own the patent on making stuff up to trash people over.
Disagree with them ? You are made up to be a racist. Or a traitor. Or a stooge of the Russian Federation. Or deranged. Or stupid. Or an imbecile. Or a "mouth breather" (still not sure what that is supposed to mean). Or a Homophobe. Or a white supremacist. Etc, et al....
Right out of "Rules for Radicals".
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| 08-27-2018 07:22 AM |
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bullet
Legend

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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-26-2018 11:00 PM)Tom in Lazybrook Wrote: And does anyone even question that if the shoe had been on the other foot, that the GOP wouldn't be suing?
Let the Dems challenge the statute. At least you'd get clarification.
They wouldn't. Statute is clear enough. Takes an extreme take to find a different interpretation.
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| 08-27-2018 07:41 AM |
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MemTigers1998
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RE: John McCain's death means potential legal battle to fill his Senate seat
I would so love for the AZ gov to appoint sheriff Joe. Matter of fact, I hope the magnificent orange one tweets it out as a suggestion and then the governor does so.
Sit back and watch the snowflakes have another meltdown
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| 08-27-2018 07:55 AM |
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Marc Mensa
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RE: John McCain's death means potential legal battle to fill his Senate seat
He should appoint Jeff Flake to serve out McCain's term.
(This post was last modified: 08-27-2018 08:05 AM by Marc Mensa.)
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| 08-27-2018 08:02 AM |
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Lord Stanley
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RE: John McCain's death means potential legal battle to fill his Senate seat
If they appoint Cindy McCain I hope they the citizens of Arizona burn the local senate offices to the ground.
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| 08-27-2018 08:14 AM |
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olliebaba
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-27-2018 08:14 AM)Lord Stanley Wrote: If they appoint Cindy McCain I hope they the citizens of Arizona burn the local senate offices to the ground.
Why don't you like Cindy McCain? I'm asking because I know nothing about her, nothing, except that she's rich.
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| 08-27-2018 02:01 PM |
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green
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-27-2018 02:01 PM)olliebaba Wrote: Why don't you like Cindy McCain? I'm asking because I know nothing about her, nothing, except that she's rich.
what makes her qualified to be senator ...
MRS DEGREE
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| 08-27-2018 02:11 PM |
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SoMs Eagle
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-27-2018 07:41 AM)bullet Wrote: (08-26-2018 11:00 PM)Tom in Lazybrook Wrote: And does anyone even question that if the shoe had been on the other foot, that the GOP wouldn't be suing?
Let the Dems challenge the statute. At least you'd get clarification.
They wouldn't. Statute is clear enough. Takes an extreme take to find a different interpretation.
An interpretation that only applies to them of course. Laws do not apply to immigration so why should laws apply here?
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| 08-27-2018 02:37 PM |
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49RFootballNow
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-27-2018 02:11 PM)green Wrote: (08-27-2018 02:01 PM)olliebaba Wrote: Why don't you like Cindy McCain? I'm asking because I know nothing about her, nothing, except that she's rich.
what makes her qualified to be senator ...
MRS DEGREE
As far as I can tell she has the most important qualification for being a politician in this country..........she's a relative of a politician.
Primogeniture is alive and well!
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| 08-27-2018 02:39 PM |
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SoMs Eagle
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-27-2018 02:39 PM)49RFootballNow Wrote: (08-27-2018 02:11 PM)green Wrote: (08-27-2018 02:01 PM)olliebaba Wrote: Why don't you like Cindy McCain? I'm asking because I know nothing about her, nothing, except that she's rich.
what makes her qualified to be senator ...
MRS DEGREE
As far as I can tell she has the most important qualification for being a politician in this country..........she's a relative of a politician.
Primogeniture is alive and well!
And she will vote against Trump.....
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| 08-27-2018 02:42 PM |
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Owl 69/70/75
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-26-2018 11:00 PM)Tom in Lazybrook Wrote: And does anyone even question that if the shoe had been on the other foot, that the GOP wouldn't be suing?
You mean, like the way republicans have sued after every election they've lost? Funny, I don't remember any.
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| 08-27-2018 02:48 PM |
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green
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-27-2018 02:39 PM)49RFootballNow Wrote: As far as I can tell she has the most important qualification for being a politician in this country..........she's a relative of a politician.
Primogeniture is alive and well!
primogeniture means first in line ...
NEPOTISM
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| 08-27-2018 02:58 PM |
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shere khan
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RE: John McCain's death means potential legal battle to fill his Senate seat
(08-27-2018 07:22 AM)thespiritof1976 Wrote: (08-27-2018 07:19 AM)TigerBlue4Ever Wrote: (08-26-2018 01:23 PM)Memphis Blazer Wrote: I love when you guys make up stuff to trash Democrats over
We don't have to make up anything. They do an outstanding job of providing us with all the material one could ever want.
To be honest, liberals tend to always be the ones who own the patent on making stuff up to trash people over.
Disagree with them ? You are made up to be a racist. Or a traitor. Or a stooge of the Russian Federation. Or deranged. Or stupid. Or an imbecile. Or a "mouth breather" (still not sure what that is supposed to mean). Or a Homophobe. Or a white supremacist. Etc, et al....
Right out of "Rules for Radicals".
When they do that you got them. They lose. Game over.
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| 08-27-2018 03:16 PM |
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