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Absence of Sen. John McCain's voice, vote felt in Washington

The Arizona senator's absence has left a void on major issues.

John McCain has been away from Washington D.C. since December as he battles brain cancer at his home in Arizona. But where in national politics is his voice, or vote, missed the most?

On the use of torture

Gina Haspel, President Trump's nominee to run the CIA, defended herself at a senate hearing Wednesday.

Haspel reportedly oversaw torture at a secret prison.

READ: Gina Haspel promises not to allow torture program if confirmed as CIA director

After surviving years of torture by his North Vietnamese captors, McCain became Washington's most outspoken critic of using torture against America's enemies.

In a statement, McCain said the Senate should "exercise its duty of advice and consent and reject this nomination."

"I believe Gina Haspel is a patriot who loves our country and has devoted her professional life to its service and defense," McCain said. "However, Ms. Haspel’s role in overseeing the use of torture by Americans is disturbing. Her refusal to acknowledge torture’s immorality is disqualifying."

What about that Iran nuclear deal?

President Donald Trump announced Wednesday that the United States would withdraw from the landmark Iran nuclear deal, something McCain has somewhat supported.

"For years, the Iranian regime has literally been getting away with murder," he said back in October of 2017.

But McCain has supported revising the deal, not blowing it up, as Trump did.

We don't know what McCain thinks about the president's decision.

Missing a vote

McCain absence from Washington is a blow for Senate Republicans. They have just a one-vote majority without McCain.

Democrats only need to flip one GOP senator to get what they want.

How could the GOP fill that vacancy?

If Arizona Sen. John McCain leaves the U.S. Senate in the next few months, would Arizona voters elect a successor in November or would Gov. Doug Ducey make that decision?

There are at least two possible answers to the question of who gets to decide how to fill the vacancy -- because there are two different election deadlines.

This situation hasn't come up before in Arizona. The Arizona Attorney General's Office is reviewing the law and advising the Secretary of State in case McCain leaves office.

READ: McCain in new memoir: 'It’s been quite a ride'

There's already one statewide election for the Senate in the fall to replace the retiring Jeff Flake. A second election for an Arizona Senate seat could determine which political party controls the U.S. Senate.

There are two possible deadlines for determining whether voters or the governor would fill a Senate vacancy.

The first potential deadline favoring voters is May 30 -- that's the filing deadline to get on the fall ballot.

That deadline is based in part on Arizona law: "The vacancy shall be filled at the next general election. That would be in November."

While May 30 is the widely assumed deadline, prominent election law attorney Joe Kanefield disagrees.

"'At least 120 days before the date of the regular primary election' and by my calculation that would have been April 30," he said.

Kanefield says state law required Secretary of State Michele Reagan to inform the counties by April 30 which offices will be up for election. That means it's too late to hold a fall election for a vacant seat.

"The U.S. Senate, it comes right from the 17th Amendment of the U.S. Constitution, that office is filled by the governor," said Kanefield.

We've verified there are two possible deadlines for filing a vacant Arizona Senate seat: April 30 by the governor or May 30 by voters.

Which one will it be?

Attorney General Mark Brnovich's office is reviewing the law. Whatever he decides could result in a lawsuit.

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