On December 28, the Arizona voters who want a special election to fill Senator John McCain’s Senate seat filed this brief. The case is Tedards v Ducey, 2:18cv-4241. McCain died in August 2018 and the state proposes not to hold an election to fill the remainder of that seat until November 2020.
The case also argues that the state law, telling the Governor he or she must appoint a member of the same party who had held the seat earlier, violates the Elections Clause.
The brief distinguishes Valenti v Rockefeller, the 1968 case involving the seat of Senator Robert Kennedy of New York. In that case, Kennedy was killed in June 1968 and the New York voters who sued for a special election insisted that the special election be held in November 1968. They lost. The new Arizona case says the Arizona case is different than the New York case, because the Arizona plaintiffs never demanded that the McCain seat be filled in November 2018, just that it be held sometime in 2019.
17 amdt parts
1: The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
2: When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
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ZERO time deadlines on any writs of election and vacancy election dates.
ZERO about restrictions or requirements on Guv *temporary appointments*.
ONE more RED communist case with ZERO merit.
Court should impose sanctions on ALL the plaintiff’s moron lawyers.
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That said — Abolish the ANTI-Democracy minority rule USA Senate — a vestige of the DARK AGE.
Congress should use its time, place, manner authority to require the special election to occur within 49 days of a vacancy – no partisan nominations, election by majority, with a runoff within 35 days.