PHOENIX — Judges with the 9th Circuit Court of Appeals will decide whether Republican Martha McSally can continue to serve in the U.S. Senate through next year, according to a report in the Arizona Capitol Times.
McSally was appointed to fill the vacant seat of the late John McCain after losing the race for Arizona's other Senate seat to Democrat Kyrsten Sinema.
Challengers to McSally's appointment contend the 27 months between McSally's appointment and the November 2020 election that will determine who will serve out McCain's final two years is too long a period.
The 17th Amendment of the U.S. Constitution requires state governors to call an election to fill vacancies in the Senate and gives them power to fill Senate vacancies on a temporary basis. Gov. Doug Ducey has done so, setting Aug. 25, 2020 as a primary and Nov. 3 as the general election to fill the seat.
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