Tuesday, April 23, 2019

ARIZONA'S LEGAL SHORTS: Oral Argument Today On Case To Force Earlier Special Election For Senate Seat

(Initially reported on April 12.)

Attorneys will argue in U.S District Court this afternoon about whether the Arizona law permitting Governor Doug Ducey to control the late-Senator John McCain's seat until November 2020.

Arizona's Poltics previously reported on the constitutional challenge to the vacancy law. At that point, Sen. Jon Kyl was serving at the Governor's request. Kyl then resigned, permitting Ducey to appoint Martha McSally to the seat until a special election would be held in 2020 to fill the last two years.

The Arizona plaintiffs challenge the constitutionality of the Arizona vacancy law, and say the election must be held as quickly as possible.

The 45 minutes of oral argument will address both the plaintiffs' motion for an injunction ordering a speedier election and Ducey's motion to dismiss the case. The Governor's Office has hired two top Phoenix law firms to represent him - Brett Johnson/Andrew Sniegowski/Colin Ahler from Snell & Wilmer, and judicial nominee Michael Liburdi from Greenberg Traurig.

The Plaintiffs will be represented by Michael Kielsky from Udall Shumway and Chicago attorney Michael Persoon.

Judge Diane Humetewa is handling the case.

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