2020 0227 Tedards Opinion
(1 of 125) Case: 19-16308, 02/27/2020, ID: 11610659, DktEntry: 49-1, Page 1 of 68 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAM PRICE TEDARDS, JR.; No. 19-16308 MONICA WNUK; BARRY HESS; LAWRENCE LILIEN; ROSS TRUMBLE, D.C. No. Plaintiffs-Appellants, 2:18-cv-04241- DJH v. DOUG DUCEY, Governor of Arizona, OPINION in his official capacity; MARTHA MCSALLY, Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding Argued and Submitted November 13, 2019 Pasadena, California Filed February 27, 2020 Before: MILAN D. SMITH, JR., ERIC D. MILLER, and DANIEL P. COLLINS, Circuit Judges. Opinion by Judge Milan D. Smith, Jr.; Concurrence by Judge Collins (2 of 125) Case: 19-16308, 02/27/2020, ID: 11610659, DktEntry: 49-1, Page 2 of 68 2 TEDARDS V. DUCEY SUMMARY* Civil Rights The panel affirmed the district court’s dismissal of an action, brought following the death of Arizona Senator John McCain in 2018, challenging the constitutionality of an Arizona statute that governs appointments and elections in the aftermath of a vacancy in the United States Senate. Senator McCain died on August 25, 2018, three days before the primary election. Over four years remained in his Senate term. Consistent with the requirements of Arizona Revised Statute § 16-222(D), as amended, Governor Doug Ducey (Republican) issued a writ of election to fill Senator McCain’s vacant seat in November 2020, and appointed a temporary Senator until the winner of the November 2020 election assumed office.
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