Confusion In Process To Replace Byrd

[UNHWildCats]

Theres confusion in the media on exactly how Robert Byrd will be replaced in the Senate and when.

According to state law "If the vacancy occurs less than two years and six months before the end of the term, the Governor appoints someone to fill the unexpired term and there is no election. If the vacancy occurs two years and six months or more before the end of the term, the Governor appoints someone to serve until the unexpired term is filled at the conclusion of the next candidate filing period, Primary Election, General Election and certification. The winner of that General Election fills the balance of the unexpired term. The election for the full term will be held as scheduled regardless of the date of the vacancy."

This simple reading of this would suggest a special election later this year as several media outlets are reporting.

However others are saying that such an election wont occur until 2012 because the candidate filing period and primary election for this cycle has already passed, thus the governor will appoint a replacement until the next election in 2012 which is when Byrd's term would have ended.

Even if it is interpreted that the election would take place this year that still may not happen since the time frame of "two years and six months" occurs next week, less then 10 days from now, the key here is technically a vacancy doesn't occur until it is declared by the Governor and he has 10 days to do so, meaning if he waits til the 10th day then the time frame set out by law allows him to choose a replacement instead of holding a special election.

[Appaholic]

I don't get it. Go to local KKK rally & appoint the Grand Dragon. Where's the confusion?

[OL FU]

I don't get it. Go to local KKK rally & appoint the Grand Dragon. Where's the confusion?

[andy7171]

The goverenor is a democrat, what's the big deal T?

[Ivytalk]

The goverenor is a democrat, what's the big deal T?

That's right. It's no mystery what party the successor will be from. The question is: how many teeth?

[UNHWildCats]

The goverenor is a democrat, what's the big deal T?

If the special were to be held this year the GOP would be atleast slim favorites, if its held in 2012 then its atleast better for Dems but no way of knowing yet what the environment will be then. The Dem governor is well liked in WV and he will likely be the dems candidate whenever it is so even if it were this year he could probably win.

[blueballs]

West Virginia has long been the recipient of some heavy pork from the now late Sen Byrd. The bigger question is whether the next senator can keep the pork train running.

The dems have lost three of their biggest pork spending champions in the last few months in Byrd, Kennedy, and Murtha; and I can't see where an argument can be made that the country is worse off.

[UNHWildCats]

The West Virginia Secretary of State confirmed this afternoon that the special election for Byrd's Senate seat wont be held until 2012. At that time the Senate seat will have two sections on the ballot, one for a special election to fill the remainder of the term (from when the results are certified until January 3, 2013 when the term ends) if there is a seperate winner for the new 6 year term that is up for election in 2012 that person would be sworn in on January 3, 2013. In the meantime the Governor will appoint a interim Senator who will serve until the 2012 special election is certified in November 2012 unless that person also wins the special election he or she would continue serving until January 3, 2013 unless he or she also wins the regular election in which case he or she would serve through January 3, 2019.

This interpretation of the West Virginia law has been backed up by a 1994 State Supreme Court of Appeals ruling.

Gov. Joe Manchin is likely to be the democratic nominee in 2012 as he is very popular in the state and is term iimited for his current office in 2012.

Manchin has already said he wont appoint himself to the seat but has not yet made a decision on who to name.