To: itsinthebag
Here's the relevant statute:
§3-10-3. Vacancies in offices of state officials, United States senators and judges.
Any vacancy occurring in the office of secretary of state, auditor, treasurer, attorney general, commissioner of agriculture, United States senator, judge of the supreme court of appeals or in any office created or made elective to be filled by the voters of the entire state, judge of a circuit court or judge of a family court is filled by the governor of the state by appointment. If the unexpired term of a judge of the supreme court of appeals, a judge of the circuit court or judge of a family court is for less than two years or if the unexpired term of any other office named in this section is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term of any office is for a longer period than above specified, the appointment is until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following such timely filing and has thereafter been elected and qualified to fill the unexpired term. Proclamation of any election to fill an unexpired term is made by the governor of the state and, in the case of an office to be filled by the voters of the entire state, must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. If the election is to fill a vacancy in the office of judge of a circuit court or judge of a family court, the proclamation must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication is each county in the judicial or family court circuit.
From
Wikipedia He was sworn in on January 4, 2007, to his ninth term; the term will expire on January 3, 2013.
If the Governor names a replacement before July 3, 2010, then his replacement must go through the primary process and stand for election. If the Governor waits until after July 3, his successor finishes out the term.
Any guesses on how long it will take the Dem Governor to find a replacement?
52 posted on
06/28/2010 3:50:34 AM PDT by
jellybean
(Bookmark http://altfreerepublic.freeforums.org/index.php for when FR is down)
To: jellybean
If the Governor names a replacement before July 3, 2010, then his replacement must go through the primary process and stand for election. If the Governor waits until after July 3, his successor finishes out the term. So Byrd is not dead until Joe Manchin says he's dead?
To: jellybean; Yossarian
For ease of reading, Yossarian
reformatted it thus:
Here's a reformatted version, redone in pseudo-code style:
WEST VIRGINIA CODE
§3-10-3. Vacancies in offices of state officials, United States senators and judges.
Any vacancy
occurring in the office of
secretary of state,
auditor,
treasurer,
attorney general,
commissioner of agriculture,
United States senator,
judge of the supreme court of appeals
or
in any office
created or made elective
to be filled by
the voters of the entire state,
judge of a circuit court or
judge of a family court
is filled by
the governor of the state by appointment.
If
the unexpired term of
a judge of the supreme court of appeals,
a judge of the circuit court or
judge of a family court
is for
less than two years
or if
the unexpired term of
any other office named in this section
is for a period of
less than two years and six months,
the appointment to fill the vacancy is for
the unexpired term.
If
the unexpired term of
any office
is for
a longer period than above specified,
the appointment is until
a successor to the office
has timely filed a certificate of candidacy,
has been nominated at
the primary election next following such timely filing
and
has thereafter been elected and qualified to fill the unexpired term.
Proclamation of
any election to fill an unexpired term
is made by
the governor of the state
and,
in the case of
an office to be filled by the voters of the entire state,
must be
published prior to the election as a
Class II-0 legal advertisement
in compliance with
the provisions of article three, chapter fifty-nine of this code
and
the publication area for the publication is
each county of the state.
If
the election is to fill a vacancy in the office of
judge of a circuit court
or
judge of a family court,
the proclamation must be
published
prior to the election as a
Class II-0 legal advertisement
in compliance with the provisions of
article three, chapter fifty-nine of this code
and
the publication area for such publication is
each county in the judicial or family court circuit.
Note: Code updated with legislation passed through the 2009 4th Extraordinary Session
64 posted on
06/28/2010 4:29:25 AM PDT by
Gondring
(Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
To: jellybean
I read it as “the unexpired term” of the candidate who is no longer in office or, as in this case, dead. So, how does it matter when an appointment is made, if the candidate died more than 2 years and 6 months before the end of the unexpired term?
To: jellybean
Here comes some more Dim nuance. Does the vacancy occur upon Byrd's death (pre-July 3rd) or upon Gov Manchin declaring the vacancy (surely post-July 3rd)?
The devil in the details will be the definition of when the vacancy occurred.
In addition to Gov Manchin, Secy of State Natalie Tennant is also a Dem.
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