A federal appeals court won’t revive a lawsuit that sought to require Arizona’s governor to call a snap special election to fill the U.S. Senate seat now held by Republican Martha McSally.
The lawsuit filed by a small group of voters alleged that Gov. Doug Ducey deprived them of the right to vote by waiting until this coming November to hold an election to permanently fill the seat vacated upon Sen. John McCain’s August 2018 death.
The suit claimed several constitutional violations. U.S. District Judge Diane Humetewa rejected all the challenges in a decision issued last June.
A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed with Humetewa in a ruling issued Thursday.
Humetewa’s ruling said the governor followed the U.S. Constitution’s provisions allowing state Legislatures to decide how to temporarily fill Senate vacancies.
Ducey appointed McSally in December 2018 after his initial choice, Sen. Jon Kyl, resigned.
