Confusion In Process To Replace Byrd
Posted: Mon Jun 28, 2010 8:17 am
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.
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.
