# How soon can AZ hold a special election for the US Senate?

**URL:** <https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285>\
**Category:** Factual Questions\
**Created:** [August 26, 2018, 1:36am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285 "2018-08-26T01:36:44Z")\
**Posts on this page:** 20\
**Page:** 1

<div class="post-metadata">

**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [August 26, 2018, 1:36am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/1 "2018-08-26T01:36:44Z")

</div>

So now that John McCain is dead how soon can Arizona hold a special election to fill out the remainder of his term? Is it too late to hold one at the name time as the general election in November? At the other extreme could the Governor just appoint a replacement and hold off on the special election until the 2020 general election?

---

<div class="post-metadata">

**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [August 26, 2018, 1:39am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/2 "2018-08-26T01:39:57Z")

</div>

Per the [Washington Post,](https://www.washingtonpost.com/politics/2018/08/24/gop-will-likely-hold-onto-mccains-seat-until/?utm_term=.54c2b622bc21) the Governor of Arizona will appoint a replacement to serve until November of 2020. Had McCain passed prior to May 30, there would have been a special election this fall.

---

<div class="post-metadata">

**Author:** ![DinoR](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dinor/32/2821_2.png) [@DinoR](https://boards.straightdope.com/u/DinoR)\
**Post date:** [August 26, 2018, 1:52am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/3 "2018-08-26T01:52:38Z")

</div>

AZ [law](https://law.justia.com/codes/arizona/2013/title-16/section-16-222/) doesn’t have an election for Senate until the next general election cycle. The law also requires the appointee that fills the seat in the meantime be of the same party as the person vacating it. The filing deadline for this cycle was [May 30th](https://azsos.gov/elections/running-office/running-federal-office). I can’t find a good cite at the moment but I recall earlier in the year seeing the Secretary of State interpreting that filing deadline as the close of being able to fill the Senate seat in this cycle.

Assuuming, my memory is right and that interpretation isn’t both challenged and overturned in court, a republican will be appointed to McCain’s seat. That appointee will hold the seat until replaced by the winner of a Nov 2020 election. That winner will then complete McCain’s original term.

---

<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [August 26, 2018, 1:56am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/4 "2018-08-26T01:56:08Z")

</div>

> [@flurb](#):
>
> Per the [Washington Post,](https://www.washingtonpost.com/politics/2018/08/24/gop-will-likely-hold-onto-mccains-seat-until/?utm_term=.54c2b622bc21) the Governor of Arizona will appoint a replacement to serve until November of 2020. Had McCain passed prior to May 30, there would have been a special election this fall.

Or had he resigned. It’s one of the things for which I’ll have a hard time forgiving him. If he really believed in the Will of the People™, he’d have resigned and allowed them to actually have their say.

He didn’t.

---

<div class="post-metadata">

**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\
**Post date:** [August 26, 2018, 2:05am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/5 "2018-08-26T02:05:21Z")

</div>

> [@Aspenglow](#):
>
> Or had he resigned. It’s one of the things for which I’ll have a hard time forgiving him. If he really believed in the Will of the People™, he’d have resigned and allowed them to actually have their say.
> 
> He didn’t.

This ^

I just can’t find it in me to get choked up about McCain right now. I feel the same way about McCain’s death as I did about Anthony Kennedy’s retirement. If people would just stop believing in the good conservative myth and look at the raw truth, they’d see the irreversible damage he and his political street gang have done to our political system. They’ve brought us to the brink of a constitutional crisis. I just can’t find it in me to really give a shit right now.

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [August 26, 2018, 3:23am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/6 "2018-08-26T03:23:58Z")

</div>

> [@Aspenglow](#):
>
> Or had he resigned. It’s one of the things for which I’ll have a hard time forgiving him. If he really believed in the Will of the People™, he’d have resigned and allowed them to actually have their say.
> 
> He didn’t.

> [@asahi](#):
>
> This ^
> 
> I just can’t find it in me to get choked up about McCain right now. I feel the same way about McCain’s death as I did about Anthony Kennedy’s retirement. If people would just stop believing in the good conservative myth and look at the raw truth, they’d see the irreversible damage he and his political street gang have done to our political system. They’ve brought us to the brink of a constitutional crisis. I just can’t find it in me to really give a shit right now.

**Moderator Warnings**

This is GQ. Both of you should be well aware that political potshots are not allowed in this forum. This is an official warning. Do not do this again. Take your political opinions to an appropriate forum.

Colibri  
General Questions Moderator

---

<div class="post-metadata">

**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\
**Post date:** [August 26, 2018, 3:24am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/7 "2018-08-26T03:24:45Z")

</div>

I think it would have to be 2020 at this point, even if the state authorities didn’t impose that May 30th deadline. There would presumably be a primary, and AFAIK military and overseas voters would have to be sent ballots 45 days before each phase. Give a week for filing and a week for counting the primary, and that’s 104 days, which is well into December.

---

<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [August 26, 2018, 3:32am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/8 "2018-08-26T03:32:34Z")

</div>

> [@Colibri](#):
>
> **Moderator Warnings**
> 
> This is GQ. Both of you should be well aware that political potshots are not allowed in this forum. This is an official warning. Do not do this again. Take your political opinions to an appropriate forum.
> 
> Colibri  
> General Questions Moderator

I am sorry. I didn’t realize it was GQ and should have taken note of that.

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [August 26, 2018, 5:02am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/9 "2018-08-26T05:02:06Z")

</div>

> [@Aspenglow](#):
>
> I am sorry. I didn’t realize it was GQ and should have taken note of that.

Thank you for the acknowledgement.

---

<div class="post-metadata">

**Author:** ![installLSC](https://avatars.discourse-cdn.com/v4/letter/i/54ee81/32.png) [@installLSC](https://boards.straightdope.com/u/installLSC)\
**Post date:** [August 26, 2018, 7:11am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/10 "2018-08-26T07:11:47Z")

</div>

Although it’s too late in Arizona, other states can and do allow quicker elections. For example in Washington State Senator “Scoop” Jackson died on September 1, 1983. An special election was carried out Nov. 3, 1983 for the remainder of his term until 1988.

---

<div class="post-metadata">

**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [August 26, 2018, 7:22am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/11 "2018-08-26T07:22:01Z")

</div>

John’s death didn’t come as a surprise. I’d expect that the governor has already selected someone to appoint.

It probably won’t be announced until after the funeral.

---

<div class="post-metadata">

**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [August 26, 2018, 1:47pm UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/12 "2018-08-26T13:47:00Z")

</div>

> [@DinoR](#):
>
> The law also requires the appointee that fills the seat in the meantime be of the same party as the person vacating it.

Does “of the same party” have a specific definition? If the governor wants to appoint his nephew, Dave Democrat, could Dave just change his party affiliation to Republican?

---

<div class="post-metadata">

**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [August 26, 2018, 3:06pm UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/13 "2018-08-26T15:06:38Z")

</div>

Yesterday’s Votemaster: [Electoral-vote.com](https://www.electoral-vote.com/evp2018/Senate/Maps/Aug25.html#item-7) had an interesting discussion of the possibilities for McCain’s possible replacement.

---

<div class="post-metadata">

**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\
**Post date:** [August 26, 2018, 10:56pm UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/14 "2018-08-26T22:56:30Z")

</div>

> [@Aspenglow](#):
>
> Or had he resigned. It’s one of the things for which I’ll have a hard time forgiving him. If he really believed in the Will of the People™, he’d have resigned and allowed them to actually have their say.
> 
> He didn’t.

He may have been hesitant to leave a vacant seat in the Senate for Nevada for the 6-7 months until a newly-elected Senator would be sworn in. Given how close the Senate divide is, and the fact that he had already been the one vote to block Trump’s effort to kill Obamacare, he might have wanted to retain his vote just in case. (His current attitude toward Trump is clearly indicated by his asking Obama & Bush to jointly give the eulogy at his funeral, and specifically asking that Trump not be invited.)

---

<div class="post-metadata">

**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [August 27, 2018, 1:42am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/15 "2018-08-27T01:42:25Z")

</div>

> [@Hari\_Seldon](#):
>
> Yesterday’s Votemaster: [Electoral-vote.com](https://www.electoral-vote.com/evp2018/Senate/Maps/Aug25.html#item-7) had an interesting discussion of the possibilities for McCain’s possible replacement.

John’s wife Cindy is a natural choice. There’s a long precedent for appointing the spouse of a deceased politician.

But, she may not want the job. She’s 64 and may not want to disrupt her life.

> [@](#):
>
> Ducey could also appoint McCain’s wife, Cindy, as a placeholder, but she has a mind of her own and is more moderate than her husband.

---

<div class="post-metadata">

**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [August 27, 2018, 1:50am UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/16 "2018-08-27T01:50:46Z")

</div>

Is there any precedent for appointing the child of a deceased politician to fill the remaining term?

Meghan is 33 and could be appointed.

> **[Meghan McCain](https://en.m.wikipedia.org/wiki/Meghan_McCain)**
>
> Meghan Marguerite McCain (born October 23, 1984) is an American television personality, columnist, and author. She has worked for ABC News, Fox News, and MSNBC. The daughter of politician John McCain and diplomat Cindy McCain, she has been a public figure for much of her life, first appearing at the 1996 Republican National Convention.
> McCain received media attention in her own right in 2007 for her blog, McCain Blogette, on which she documented life on the John McCain 2008 presidential campa...

She reminds me of John and I can easily see her entering politics.

---

<div class="post-metadata">

**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\
**Post date:** [August 27, 2018, 4:30pm UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/17 "2018-08-27T16:30:18Z")

</div>

> [@Tim\_T-Bonham.net](#):
>
> He may have been hesitant to leave a vacant seat in the Senate for Nevada for the 6-7 months until a newly-elected Senator would be sworn in. Given how close the Senate divide is, and the fact that he had already been the one vote to block Trump’s effort to kill Obamacare, he might have wanted to retain his vote just in case. (His current attitude toward Trump is clearly indicated by his asking Obama & Bush to jointly give the eulogy at his funeral, and specifically asking that Trump not be invited.)

If he had resigned more than 6 months before the 2018 general election, the Governor would have appointed a replacement to hold the seat until the election, as discussed above. So there’s no way for the seat to be vacant for 6-7 months.

---

<div class="post-metadata">

**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [August 27, 2018, 4:36pm UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/18 "2018-08-27T16:36:39Z")

</div>

nm, already said

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [August 27, 2018, 5:40pm UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/19 "2018-08-27T17:40:12Z")

</div>

> [@aceplace57](#):
>
> John’s death didn’t come as a surprise. I’d expect that the governor has already selected someone to appoint.
> 
> It probably won’t be announced until after the funeral.

The governor has already stated that McCain’s replacement won’t be announced until after the funeral.

---

<div class="post-metadata">

**Author:** ![yabob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yabob/32/2821_2.png) [@yabob](https://boards.straightdope.com/u/yabob)\
**Post date:** [August 27, 2018, 6:01pm UTC](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285/20 "2018-08-27T18:01:06Z")

</div>

Perry Bacon, Jr. on [fivethirtyeight.com](http://fivethirtyeight.com) may have it handicapped about right:

> [@](#):
>
> Ducey is up for re-election this year, however, which means that his choice could have electoral implications for himself. But Arizona leans red and Ducey is favored, so I don’t think the governor will feel pressured to assuage moderate voters by selecting a senator who is more liberal than the governor himself.
> 
> So let’s assume a fairly traditional conservative pick. The big question is whether Ducey will go with someone who will act as a caretaker for the seat (Jon Kyl, the longtime Arizona senator who retired in 2013, for example) or someone who will want to stay in the seat long term. (That person would have to run in a special election in November 2020, to serve out the remainder of McCain’s term, and then again in 2022 for a full six-year term.)
> 
> I expect Ducey to pick a caretaker because the Arizona GOP is divided between a more establishment wing (Ducey) and a more tea party one (former sheriff Joe Arpaio). It would be smart politics for Ducey to avoid irritating one of those groups by choosing someone not seeking a long-term Senate career.

Ducey’s own chief of staff, Kirk Adams, is another choice being bandied about using this reasoning.

[Next page](https://boards.straightdope.com/t/how-soon-can-az-hold-a-special-election-for-the-us-senate/820285.md?page=2)
