Skip to comments.Filling Sen. Robert C. Byrd's Senate seat (WV Law requires a special election)
Posted on 06/28/2010 7:19:02 AM PDT by Maelstorm
With the death early Monday of Sen. Robert C. Byrd (D), West Virginia Gov. Joe Manchin III (D) must select an interim replacement for a legend who many in the state and elsewhere consider one of a kind.
A quirk in West Virginia's laws appears to state that the replacement will likely hold the seat for the remainder of the late senator's record ninth term, through 2012; therefore, Byrd's death would not impact the partisan makeup of the chamber, nor would it directly impact the pending 2010 elections. However, there is some ambiguity in the law that has left some election experts questioning the what should happen with the seat.
State law mandates that, if a Senate vacancy occurs more than 2 1/2 years before the term is up, a special election be held to fill the seat. There were exactly two years, six months and five days left in Byrd's term when he died.
(Excerpt) Read more at voices.washingtonpost.com ...
RIP: Robert Byrd “I’m the Oldest Thing Around Here”
There are still mentions of Cheney having been at the helm of Halliburton years after he left, but somehow the newspapers don’t see fit to remind the public of Byrd’s past association with the KKK.
He will think about it for a month,then say,whoops,deadline is passed and put his own guy in till 2012.
That is just so silly.......the law and democrats.
So it depend on the meaning of the 'one/half' of this definition?
Seems, even with a leap year; there is no abiguity!
This is not about the Democrats. Manchin’s hand can be pressed on this. He lives in a state that is going red by greater and greater margins. The message from Republcians and Independents should be “Follow the law. Let us Vote!”
Yep the Crats will do contortions to avoid following the law.
The Dems will do whatever is necessary to have their appointee serve until 2012.
There’s really no point in debating it, imo.
It would be a miracle if we have a special election for this, imo.
The Dems will “deem” Senator Byrd to be still alive until the 4th of July..................
But depending on what sort of replacement the governor picks, Byrd's death could have a huge impact on the Obama agenda for the remainder of this Senate term.
Byrd was pretty solid against amnesty and open borders legislation and amendments, and also against Cap and Trade. Those are the two huge issues still hanging out there before the end of the Congress.
Byrd's death at this time might actually help Obama and the Dims before we can elect a new Congress. But maybe the governor will appoint someone who will represent WV views on those two issues.
It is very well worth debating this. This seat if a special election is held can be a GOP pickup and a conservative one at that. It is well worth fighting for. We do not want to wait till 2012 and then have to run against someone like Gov. Joe Manchin which will make the seat harder to pick up.
It will be a mistake to let this seat go down without a fight because once it goes red it will stay red.
I hope it works out better for West Virginians than it has for the fine folks of NY20 who don’t have a representative because according to Gov Patterson elections are “too expensive”. From a so-called “Democrat” no less!
And then there’s the Robert Toricelle Democrat-abuse-of-state-constitution debacle that allowed another fossil Lautenberg to get to the Senate. Doug Forrester (R) should have won that.
Governor Manchin covets this seat, so he will do whatever best positions him to get it. He could wait six days, declare the seat vacant and appoint himself. If the law does not allow that, he could appoint his mother, wife, cousin to the seat and then run in the special election. He will be hard to beat in a special election.
Well, you have to understand that to a DemocRat, Halliburton is far more evil than the Ku Klux Klan.
Luckily, the Lord believes that a person with sincere remorse for past actions can be forgiven and born anew.
For the rest of us, it’s hard to believe a leopard can change its spots.
Ooops Typo!! The “fine folks of NY29” who endure taxation without representation. 29th District.
Check this out:
The map shows 29 Districts, but lists only 28 representatives! Wonder why the Dems don’t want to put it to a vote?
But good lord 9 senate terms?................this country was not built to have life time politicians.
People like Byrd, Lugar and McCain will only leave the senate feet first. We have forsaken who we are by allowing these people to serve until they are room temperature.
You hit the nail on the head. As a West Virginian, I believe Gov Manchin will appoint his wife, and then he, himself, will run in the election.
He started this process when he appointed his wife to the WV Board of Education.
“It is very well worth debating this. This seat if a special election is held can be a GOP pickup and a conservative one at that. It is well worth fighting for. We do not want to wait till 2012 and then have to run against someone like Gov. Joe Manchin which will make the seat harder to pick up.”
We should be jumping on this with both feet...if we are just going to roll over because they want us to, why not just give up now and allow this Federal Usurpation?
If WV refuses to hold a special election, the Senate should just refuse to seat the governor’s appointee in 2011.
This bit of common sense may require a Republican majority, however.
In actuality, having the special election benefits Gov. Manchin if he wants to run for the seat. He can appoint a short-term seat warmer and then run for the seat himself in a snap election.
If he waits and puts someone in for the longer haul, there is a chance that that individual may become very comfortable in the seat. It also allows other potential opponents the time to organize. I doubt the GOP has anyone who is ready, willing and able to run at this point.
The really big question here: does Gov. Manchin want to be a U.S. Senator?
The history of Governors appointing themselves to vacant Senate seats should not encourage Manchin to make such a move. An interim Senator could enable Manchin to run this November without that onus on him, and while maintaining the not inconsiderable powers of Governor in the meantime. Furthermore, if he lost the Senate race, he'd still be Governor until 2013.
If Joe Manchin appoints a solid liberal Democrat then it good help. Byrd voted against blocking EPA regulation of Green House Gases so interestingly enough it seemed he was more likely a Yes vote of Cap and Trade than Rockefeller which is an interesting shift since Rockefeller has always been the most liberal of the two.
Senator Inoye of Hawaii, and Lautenberg of NJ (age-wise, not # of terms, since he was sneaked in after Toricelli) as well. Stevens of AK was another but he’s out now. Of course TK, also gone - by death. Just adding to your list of ridiculous Senatorial longevity...
Byrd has stated his opposition to any form of regulation that would damage the WV coal industry, and specifically not allow for development of clean coal technology. I think he would have opposed any bill that didn’t leave open the clean coal option:
I don’t think many believe that regulation through the EPA is a long term authorization for the Dims goals on cap and trade. All that regulation can change quickly with a new president.
The law is quite clear, yet the dem governor will undoubtedly ignore it in order to keep his appointee in the seat longer and deny voters the opportunity to select their OWN senator.
The GOP is really pathetic if they don’t at least insist that the law be changed by the democrat controlled legislature so denying the people a chance to vote in a special election has a tiny semblance of legality
§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
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES. §3-5-1. Time and place of holding primary elections in the year one thousand nine hundred eighty and thereafter; hours polls open. Primary elections shall be held at the voting place in each of the voting precincts in the state, for the purposes set forth in this article, on the second Tuesday in May in the year one thousand nine hundred eighty-six and in each second year thereafter.
At such election the polls shall be opened and closed at the hours provided for opening and closing the polls in a general election
Gets more confusing when you look at the requirement for the election if the vacancy is more than 2 1/2 years with regards to the primary. W. VA has already held their primary on Tuesday May 11, 2010 and the next scheduled one according to their statute would be in May 2012 with the election in Nov. If that sequence is the governing criteria then it's hardly worth the effort to elect someone to take the place of the temp replacement for only a couple of months until the permanent senator is elected in Nov. 2012.
It will be interesting to see what happens.
the democrat plantation will replace
the old racist with a
new, post-modern racist.
Byrd was most likely senator in name only and others were making decisions on his votes. He always voted to protect the coal industry...recently I hadn’t seen that.
Just change the law to benefit the Demonrats as was done with Ted Kennedy’s seat and Obama’s seat which was sold.
§3-10-2. Vacancy in office of governor.
If the vacancy is to be filled at a general election and shall occur before the primary election to nominate candidates to be voted for at such general election, candidates to fill the vacancy shall be nominated at such primary election in accordance with the time requirements and the provisions and procedures prescribed in article five of this chapter. When nominations to fill such vacancy cannot be so accomplished at such primary election, and in all cases wherein the vacancy is to be filled at a special election, candidates to be voted for at such general or special elections shall be nominated by a state convention to be called, convened and held under the resolutions, rules and regulations of the political party executive committees of the state
It is baffling why the law is so clear here, but so ambiguous when it comes to a special election for US Senator. As I see it, the Governor can do anything he wants, which means his appointee will hold the seat until Jan 5, 2013.
My guess is much like yours in that the gov’s appointment will be the senator until Jan. 2013 with no special election being held.
Byrd was no longer voting - it was his staffers.
“Filling Sen. Robert C. Byrd’s Senate seat (WV Law requires a special election)”
The fact that even The Washington Post is stating this, is going to make it very difficult for WV ‘rats to weasel out of one.
I have written here on FR previously that West Virginia will eventually transmogrify into the most conservative state east of the Mississippi and north of the Mason-Dixon line, due to its demographics and lack of cultural “diversity”.
Having said that, who are the most eligible Republicans in WV to be considered for a Senatorial seat?
The WV law is flawed. It says more than 2 1/2 years requires a special election. But, it requires a timely filing for the primary, which effectively makes 3 years.
But does it?
Independent and third-party candidates have until July 30th to file and until August 1 to file their petitions. True, the WV law stipulates that you have to file for the primary, but this unconstitutionally requires Senators to be members of parties that hold primaries (e.e., Dem., Rep. and Mountain parties). What about members of other parties and independents?
I think it is reasonable to argue that members of non-primary parties and independents can timely file by August 30th, and that the AG or the courts of the state would do well to promulgate a rule to provide equal rights to members of primary parties (i.e., they too can file the requisite petitions by July 30th, when the 2 1/2 year rule applies but it is too late to file for the primary).
Repentance, not mere remorse.
What do you believe the difference to be? The asking for forgiveness?
Repent means to turn. IOW, to turn from sin and turn to God.
Whatever man calls it, luckily God hears it and forgives.
Actually, that’s what God calls it.
If he appoints a Dem, then he has a primary challenge in 2012 unless he picks a seat filler who will step aside. But he takes the chance that his pick may decide after 2.5 years that he wants to stay a US Senator. Also, he will have to deal with voters angry that they didn't get to vote on the replacement, especially if his nominee votes for Cap n' Tax, etc.
His best chance to get the seat is to allow an election in November, since it is a Republican wave year, a pubbie will probably take the seat. This will set him up for 2012, when he finishes his term as a popular governor. So he doesn't have a primary challenge, and he might bet on the voters looking for a change again in 2012.
(Well first let me say, that was a typo on ambiguity. ..) and then add, that I was not saying what I thought the Gov would do; but only that; in fact' there was no ambiguity; despite their mutterings to the contrary. And of course, they will get away with it. Who will stop them?
Who will stop Obama from treason perped against America?
All too pathetic.
You don’t *know* what God calls it, or how He views it. You presume you know, because you have selected only one translation, out of the myriad ones available. You believe that your blue letter version is the infallible Word of God. Not one jot, not none tittle do you consider to be errant. It gives you great comfort, and apparently makes you believe that you can interpret God’s word to man.
I don’t presume such knowledge. Nor do I believe that any book created or compiled by men can ever comprehend His full glory or His wishes.
To me, repentance and remorse are synonyms. Ours is a discussion of semantics. I was raised on a different translation of the same Bible you have - but one that used the word “remorse” instead of “repentance.” Yet you cannot even acknowledge we are discussing the same thing, because you seem to believe that only *your* word can be the correct one. (Biblical scholars will cavil with that interpretation, just as they will with the translation.)
Thus, we will continue to disagree.
Sounds like I struck a nerve. OK, so be it.
this should be fun
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.