Tag Archives: Gov. Doug Ducey

9th Circuit Court of Appeals
Could Force Arizona’s Hand

By Jim Ellis

Appointed Arizona Sen. (and former representative) Martha McSally (R)

Aug. 13, 2019 — Soon after Republican Congress-woman Martha McSally was appointed to the Senate, a group of Arizona voters — two Democrats, a Repub-lican, a Libertarian, and an Independent — challenged the length of time that she could serve without going to election. Now the case awaits a ruling in the 9th Circuit Court of Appeals that could force the state to hold an early special election.

Sen. John McCain (R), who was re-elected in 2018, passed away in late August almost a year ago, on the 25th. Gov. Doug Ducey (R) then appointed former Sen. Jon Kyl (R) to serve until the 2020 election, but Kyl only pledged to stay through 2018. He then resigned before the new Congress took office at the beginning of this year. Gov. Ducey responded by appointing then-Rep. McSally (R-Tucson), who had just lost the 2018 open seat US Senate election to then-Rep. Kyrsten Sinema (D-Phoenix).

Because Sen. McCain died so early into his term, there would be an appointment followed by a special election. The appointment would extend to the next general election in 2020, with the winner serving the balance of the term. Therefore, whoever wins next November’s special election wouldn’t be eligible to run for a full six-year term until 2024.

Under Arizona law, which is similar to succession laws in 35 other states, the governor appoints an interim senator who serves until the next regular election. In 14 states, which have systems similar to what the plaintiffs are demanding, a special election is scheduled at the earliest possible date according to the individual state law.

In Sen. McSally’s case her interim term would stretch to 27 months, which the group of plaintiffs argues is too long a time to not give the voters a say. The federal district court judge rejected the argument, but the plaintiffs appealed to the 9th Circuit. Late last week, the appellate court agreed to hear the case, and will do so in an expedited manner.

The 2020 Arizona special election promises to be one of the most hard-fought campaigns during the cycle. Even at this early date it is already clear that the two major party nominees will be Sen. McSally and retired astronaut Mark Kelly (D), who is the husband of former US Rep. Gabrielle Giffords (D-Tucson).

The contest is already almost at fever pitch. In fact, Kelly raised more money in the 2nd Quarter than any other US Senate candidate, $4.24 million, but he was closely followed by Sen. McSally who raised the second-most of any federal candidate in the country, $3.4 million. Kelly had $5.9 million cash-on-hand at the end of June while Sen. McSally had $4.4 million.

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The Game Within the Game:
Arizona Senate Race Heats Up

By Jim Ellis

Retired astronaut Mark Kelly, a Democrat, announced his candidacy for the party nomination for the Arizona Senate.

Feb. 15, 2019 — Intrigue is already building in the Arizona US Senate special election. On Tuesday, retired astronaut Mark Kelly, a Democrat, announced his candidacy for the party nomination. The next day, he claimed more than $600,000 had come pouring into his campaign literally overnight after making his declaration. Kelly, you remember, is the husband of former Rep. Gabrielle Giffords (D-Tucson) who was tragically shot in 2011 but miraculously survived a bullet passing through her head.

While many might take his brandishing the financial number as signaling appointed Republican Sen. Martha McSally that he is going to run a tough and well financed campaign, at this point the move is likely first directed toward his potential Democratic opponent.

US Rep. Ruben Gallego (D-Phoenix) was first elected in 2014 to replace then-Rep. Ed Pastor (D-Phoenix) who retired. Rep. Gallego has publicly stated on several occasions that he is considering running for the Senate in 2020. In fact, on Kelly’s announcement day, the congressman tweeted a message saying that he is still interested in running and will decide shortly.

According to Arizona sources, Gallego would like to hold his announcement until the Phoenix mayoral special election concludes next month. A special election is necessitated for that office because then-Phoenix Mayor Greg Stanton (D) was elected to succeed Kyrsten Sinema in the 9th Congressional District seat.

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Sinema & McSally Both Headed
to Washington as Senators

By Jim Ellis

L-R — Arizona Reps. Kyrsten Sinema (D-Phoenix) and Martha McSally (R-Tucson)

Dec. 20, 2018 — Rep. Kyrsten Sinema (D-Phoenix) defeated Rep. Martha McSally (R-Tucson) for the open Arizona seat by 55,900 votes in November, but ironically now both are headed to Washington as new members of the US Senate.

Gov. Doug Ducey (R) announced that he is appointing Rep. McSally to fill the Senate vacancy after interim Sen. Jon Kyl (R) resigns on Dec. 31. McSally will then serve the next two years of the current term and looks to stand for a special election that will run concurrently with the regular 2020 election cycle. Whoever wins that election will then have the opportunity of running for a full six-year term in 2022 as the elected incumbent.

The late Sen. John McCain (R) won for the sixth time in 2016, meaning four full years remain before this seat next comes in-cycle.

The reaction to McSally’s appointment was predictably partisan. Republicans were generating positive comments mostly about her strong record of military service while Democrats responded that Arizona voters already rejected the Tucson House member, and saying they will beat her again in 2020.

While true that senator-elect Sinema did win the election just past, the battle was hard fought, and the victory spread ended close, 50-48 percent. McSally led through most of the counting and the final result was determined days after the last vote was cast. Therefore, suggesting that the state’s voters overwhelmingly rejected McSally is quite a stretch.

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Sinema Wins in Arizona; A Florida Update

By Jim Ellis

Rep. Kyrsten Sinema (D-Phoenix)

Nov. 14, 2018 — Rep. Kyrsten Sinema (D-Phoenix) was projected as the winner of the open Arizona Senate race Monday afternoon as the 460,000-plus post-election vote count continued laboriously forward.

With Sinema racking up a 130,000-plus vote margin from Maricopa and Pima counties, it was too much for Rep. Martha McSally (R-Tucson) to overcome in the remainder of the state where the she had been able to build a 64,000-vote advantage.

Though McSally conceded this Senate seat, it is possible that she could still end up serving there soon. Appointed Sen. Jon Kyl (R) has said he planned to remain just through the end of this congressional year. Should he resign early next year, McSally — since she will be exiting the House at the end of the current term — would have to be considered a prime appointment prospect to serve until the next general election. Gov. Doug Ducey (R) appointed Kyl on an interim basis when Sen. John McCain (R) passed away earlier in the year.

Should this happen, McSally, as the appointed incumbent, would be able to run again in 2020. Since Sen. McCain was re-elected in 2016, the seat must come before the voters in a 2020 special election with the winner serving the balance of the term. The 2020 victor would then be able to seek the full six-year term in 2022.

Should McSally be appointed, it could conceivably mean that she would run for the Senate in three consecutive election cycles. Just completing her unsuccessful 2018 campaign, and assuming she would run in the 2020 special election, the seat would again be contested in 2022, at which point she could finally run for the six-year term. But, all of this is pure speculation at this very early juncture.

The Sinema victory means the Democrats converted the two most vulnerable Republican seats: Arizona as well as Nevada, where Rep. Jacky Rosen (D) unseated GOP Sen. Dean Heller. Grabbing those two seats was absolutely necessary if the Dems were going to challenge for the majority. That didn’t play out, however, as the Democrats dropped at least three of their own seats (and possibly a fourth if Gov. Rick Scott’s (R) miniscule lead holds in Florida). That means the GOP will net gain at least one seat in the Senate and possibly two despite the loss of both key defense seats.

Turning to Florida, the three close statewide races: senator, governor, and agriculture commissioner, will all go to official recounts. Under Florida election law, election totals separated by less than one-half a percentage point are subject to an automatic recount. Republicans lead two of the three races, obviously all with very small margins.

Gov. Rick Scott’s (R) lead over Sen. Bill Nelson (D) was 12,562 votes at the time the recount was ordered. This from a total vote more that 8.183 million ballots cast. Former Rep. Ron DeSantis (R) sees a slightly larger lead over Tallahassee Mayor Andrew Gillum (D), some 33,684 votes. But, the closest of all is the ag commissioner campaign with Democrat Nikki Fried having a statewide edge over Republican Matt Caldwell of just 5,326 votes.

The 67 counties have until Thursday at 3 pm to complete their machine recount. Under Florida law, if the machine recounts drop any race below one-quarter of a percent between the two candidates, then a hand recount will begin.

The Broward County controversy will continue. Over 24,000 ballots did not record votes in the Senate race, which Democrats claim is either the result of a faulty ballot design or that marked ballots were not being properly read in the machines. I must point out that none of the other 66 counties in the state of Florida are reporting such a problem.

We can expect this process to drag on for a long period of time, and will undoubtedly see a multitude of lawsuits being filed from each side.

McSally Surges in New Arizona Poll

By Jim Ellis

Rep. Martha McSally (R-Tucson)

Rep. Martha McSally (R-Tucson)

Oct. 12, 2018 — A new OH Predictive Insights survey for ABC News 15 in Phoenix (Oct. 1-2; 600 likely Arizona voters) brings new information about the open Arizona Senate race. According to the ballot test results, Rep. Martha McSally (R-Tucson) has overcome Rep. Kyrsten Sinema’s (D-Phoenix) consistent small lead in the battle to replace retiring Sen. Jeff Flake (R) and claims a six-point advantage, 47-41 percent.

Though this is the first time that Rep. McSally has scored a lead beyond the polling margin of error, the new result is plausible.

For several weeks, surveys have projected that Gov. Doug Ducey (R) is expanding his small advantage over Arizona State University professor and Democratic gubernatorial nominee David Garcia into a double-digit lead, but the same polls continued to forecast Rep. Sinema with a tight edge in the Senate race. It seemed only a matter of time before the act of Ducey cementing his margin would begin to help McSally.

Rep. Kyrsten Sinema (D-AZ)

Rep. Kyrsten Sinema (D-AZ)

Secondly, McSally, a retired Air Force colonel and the first woman to fly a combat mission and command a flight squadron, has been hitting Sinema over her role as a war protester prior to the latter woman being elected to the state legislature. The contrast is a compelling one and should play to McSally’s favor. Arizona may be more politically competitive that in past years, but Republicans still maintain a statewide advantage here. Additionally, the death of Arizona Sen. John McCain brings greater attention to those engaged in military careers, thus further helping McSally.

An outside conservative organization then began attacking Sinema over legislation she drafted while in the legislature that made it more difficult to charge individuals in child prostitution cases. Sinema’s argument was that men should not be held totally responsible for engaging in such a crime if the prostitute in question is made to look much older than her true age. This attack appears relatively weak and may miss the mark, but it adds to the multi-pronged strategy to cast Rep. Sinema in a negative light.

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