With McCain in hospital, Arizona lawmakers push bill that would delay vote to replace him

State lawmakers are considering a bill that would take U.S. Sen. John McCain’s seat off the November ballot if the six-term Arizona Republican, who is battling a deadly form of brain cancer, leaves office early.

The legislation at the Republican-controlled state Capitol comes as the ailing McCain, 81, remained hospitalized at the Mayo Clinic. Earlier this week, the 2008 GOP presidential nominee underwent surgery for an intestinal infection related to diverticulitis, his family and Senate office said Monday.

The Associated Press reported Tuesday that Senate Democrats intend to try to block the legislation by voting as a bloc to ensure that its emergency clause can't get the needed two-thirds approval.

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The move at the State Capitol in Phoenix may intensify speculation about McCain's health and could reflect fresh concerns from the Arizona Republican establishment. McCain previously was hospitalized in December for a viral infection and for side effects related to his ongoing chemotherapy and radiation treatment. He returned to Arizona on Dec. 17 and hasn't been in Washington, D.C., since.

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If McCain were to leave the seat before his term ends in 2022, the governor would decide who fills the vacancy and the seat would appear on the next general election ballot.

House Bill 2538 would effectively allow a Senate appointee to hold the post for two years if a vacancy happened within 150 days of a regular primary election. That would mean if McCain’s seat became vacant today, his permanent replacement would not be chosen by voters until November 2020.

Any change to the law would come as McCain’s health remains a concern and as Republicans face a difficult political climate in Arizona and elsewhere.

McCain's Senate office did not immediately respond to a request for comment on the state bill.

This year's race to replace U.S. Sen. Jeff Flake, an Arizona Republican retiring after one term, is widely expected to be among the fiercest battles in the nation and could help determine control of the Senate next year. Democrats need to win a net of two new seats to take the majority.

If McCain’s seat were also on the ballot, it would open a new front in the battle for control of the chamber and potentially put another Republican-held seat in play. Two states — Minnesota and Mississippi — already have both of their U.S. Senate seats on the 2018 ballot.

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Since McCain announced his diagnosis in July, Gov. Doug Ducey, who would have to appoint a replacement, has repeatedly refused to discuss the subject. Ducey's administration typically does not comment on legislation before it reaches the governor's desk so it is unclear whether he would support the pending change before the Legislature.

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