A lawsuit is pending in U.S. District Court in Arizona on whether the Governor has the authority to postpone a special election for U.S. Senate (to replace John McCain) until November 2020. Tedards v Ducey, 2:18cv-4241. The plaintiffs are Arizona voters who argue that McCain’s seat should be filled with a special election sometime this year. McCain died in August 2018 and the gubernatorial appointee, Martha McSally, is now holding the seat.

On January 31, U.S. District Court Judge Diane J. Humetewa, an Obama appointee, asked each side to respond by February 8 as to whether any more individuals must be brought into the lawsuit (such as Senator McSally), and also whether the case can be decided as a matter of law, or whether either side wants witnesses and facts to be aired. The responses to her questions will largely determine whether this case will be settled quickly or not.