The Arizona Republic

Key questions:

- Ronald J. Hansen and Yvonne Wingett Sanchez

Answers to the most pressing issues surroundin­g the governor’s Senate pick.

Jon Kyl’s appointmen­t to the Senate answers the biggest question following the death of Sen. John McCain — who Gov. Doug Ducey would pick to fill the vacant seat — but it also raises new ones as well.

Here are some of the most pressing questions now:

Question: What happens now that Ducey has appointed Kyl to the position?

Answer: Ducey will submit a certificat­e of appointmen­t to the secretary of the Senate Tuesday. An aide is flying the paperwork to Washington, D.C., and will hand-deliver it to the secretary’s office.

Kyl must be formally sworn into the position, which is expected to happen today. Once that happens, Kyl is able to participat­e in floor votes and other Senate business, though his committee assignment­s are, at least for now, unclear.

Q: Does Kyl move into McCain’s office in the Russell Senate Office Building?

A: Probably, but only until after the November elections.

Donald Ritchie, a former U.S. Senate historian, said typically newcomers take over existing offices in midsession, such as this.

Prime office space like McCain’s perch in the Russell building is the result of his long-standing tenure, something he can’t pass along to his successor.

Office assignment­s are reshuffled after every election cycle to reflect the changing seniority and the demands for prime views and convenienc­e that go with it, Ritchie said.

When Scott Brown followed Ted Kennedy in the Senate from Massachuse­tts, he had Kennedy’s office until after the next elections, Ritchie said.

McCain’s staffers are hastily working to wrap up the late senator’s matters, including archiving documents and preparing artifacts to be moved to an official collection. His staff is also finishing pending work to help constituen­ts.

Kyl can hire his own staffers, according to another aide. A spokesman for Senate Majority Leader Mitch McConnell directed questions about staffing to Kyl, who was en route to Washington.

Q: Can Kyl vote on Brett Kavanaugh’s nomination to the Supreme Court?

A: Yes.

Kyl has spent the past several weeks helping the D.C. Circuit Court judge navigate the confirmati­on process. Three attorneys familiar with conflictof-interest laws and the confirmati­on process said Kyl’s work as a “sherpa” does not amount to a conflict of interest.

Q: Does Kyl’s 18-year tenure in the Senate affect his seniority now?

A: Yes and no.

The Senate chamber will keep in mind his previous service for things like office assignment­s and desk space, but the Republican caucus doesn’t have to for committee assignment­s, Ritchie said.

“Usually you end up going to the back of the line,” he said.

A spokesman for McConnell said of Kyl simply, “he does not” retain his seniority.

That’s a big deal in Washington, where longevity means more power.

McCain died as chairman of the Senate Armed Services Committee, the panel that oversees the Pentagon and helps shape its budget.

He also was the No. 2 ranking Republican on the Senate’s Homeland Security and Government­al Affairs Committee.

Kyl doesn’t inherit those positions and is now in important ways the most junior senator on Capitol Hill.

Kyl began his Senate career in 1995 and initially ended it in 2013. If he were credited for those 18 years, Kyl would now be the 17th-most senior member of the chamber. Instead, he is No. 100.

The warm reception he’s gotten Tuesday from fellow Senate Republican­s suggests Kyl enters the chamber as more than a stranger, but Arizona’s influence in the Senate has already taken a hit.

Q: What happens if Kyl stays a senator only until January?

A: We repeat this process.

Arizona law requires the governor to appoint a replacemen­t of the same party as the senator who last held the seat.

That means another appointed senator would still be a Republican even if Democrat David Garcia defeats Ducey in the governor’s race in November.

As a practical matter, a Democratic governor would likely pick a very different Republican than a Republican governor would.

Garcia made it clear Tuesday morning that he would not have picked Kyl.

Ducey’s “appointmen­t of Jon Kyl (‘sherpa’ for the Kavanuagh nomination), puts women’s reproducti­ve rights, civil rights, voting rights, environmen­tal rights and workers rights at risk. We need to elect a governor who will oppose the Trump Admin. and not appease it,” he wrote in a tweet.

Arizona law doesn’t define what makes someone a member of the same party. That means a Democrat such as Garcia could choose a former Democrat to hold the seat, said Kory Langhofer, an election law attorney in Phoenix.

“He could pick the most liberal Republican in the state,” Langhofer said. But he noted that a pick that stretches the idea of partisan affiliatio­n too far could lead to a lawsuit.

Of course, if Garcia wins the governor’s race, Kyl may avoid the entire issue and extend his stay in the Senate — again.

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