Skip to comments.WV Gov. Joe Manchin says he hasn't decided on Byrd successor, won't appoint self to fill seat
Posted on 06/28/2010 7:33:28 AM PDT by Brandonmark
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I hope Gov. Manchin takes his time. :)
He’s gonna wait for the bids to start rollin in.
It’s RE on line 1!
I am surprised obama and Reid didnt hustle him to appoint another democrat before the pen dropped from Sheets’ cold lifeless fingers
Maybe the senate seat auction is now open to the highest bidder- but carefully, very carefully
The Governor better check WV’s laws. If Byrd had checked out 7/3/10 or later, he could appoint someone.
Since Byrd checked out early, they have to have a special election.
Anyone from WV can confirm?
That's mighty "white" of him.
I wonder what precisely is involved in the Governor declaring the seat vacant?
Joe “Sending you to hell, from Almost Heaven, West Virginia” Manchin
You must demand a special election.
There was too much time left in Byrd’s term to allow the Gov to make an appointment. It is a requirement of WV state law that a special election take place.
NEWS FLASH from Chicago...Rod BLAGO is moving to WV and has submitted his name.
Well, if the Senator was incapacitated, maybe there might be some debate.
But when the Senator is dead, the seat is as vacant as it can get.
Bryd had that; plus a few days.
West Virginia law fails, however, to state exactly when a vacancy occurs. Whether the vacancy is considered to have been created at the moment of Byrd’s death, when the Senate informs state officials of the vacancy, or when Manchin declares the seat vacant will be crucial.
He can appoint a successor until an election is held. The question is will he have to call a special election, or can he wait until 2012 when Byrd’s term is up. The law requires a special election when a vacancy occurs with more than two and one half years before expiration of the term. Since Byrd’s term expires January 3, 2013, a special election seems in order. However, that all depends on the meaning of the word “vacancy”.
Considering “Cap & Tax Energy” will be voted on soon, would Bowman support this anti-coal bill?
“West Virginia law fails, however, to state exactly when a vacancy occurs. Whether the vacancy is considered to have been created at the moment of Byrds death, when the Senate informs state officials of the vacancy, or when Manchin declares the seat vacant will be crucial.”
They can say what they want; when the man is dead, his seat is vacant. There can be no denying that, there can be no legal contortion that can change that.
Bet on Manchin or Mollohan.
WVans are sick of Mollahan....no way will he be appointed. Manchin seems to be a decent man, he’d never appoint him
Weekend at Bernie's
It's quite possible that Byrd will be able to cast a vote for Kagan's confirmation. The Senate Clerk will use a Ouiga Board.
I hope he would recognize the devastation it would bring to WV should it pass....any West Virginian would....with the exception of Rockefeller who doesn’t give a shiite about this state
(Sorry for the link)
I just got off the phone with Jake Glance, the Public Affairs and Communications officer for West Virginia Secretary of State Natalie E. Tennant.
Glance told me that no decision has been made yet on when a special election would be held to replace Robert Byrd, who passed away early this morning. Various interpretations of the law might require the special election to be held this November — or not until November, 2012, when Byrd’s term was set to expire anyway.
“There are a lot of sections on state code that apply to this kind of thing and we’re examining each one of them and we’ll be making an announcement soon,” Glance told me. “We just need to make sure that what we say fits this specific situation.”
Just heard on a state-wide talk show that the Secy. of State’s office is working on this and will release a statement later today.
I type too slow :(
Rules and laws do not apply when Democrats are involved. They make it up as they go...
Here’s what I gathered from a quick review of WV statutes posted on another forum:
1. If Byrd had died after July 3 the appointment by the governor would be for the remainder of the term (Jan 2013)
2. Since Byrd died before July 3, the gov still gets to appoint, but there has to be a special election, and the appointed person serves until that special election.
3. Since the 2010 primary has already happened, there will be primaries and a general election in 2011 to fill the seat for the remainder of the term.
From a purely tactical prospective, I do hope it is Barth, as she would be the easiest to beat in a special election. Republican Shelly Moore Capito trounced her in 2008 when she ran for Moore's House seat. Barth is far to the left of most West Virginians on social issues and wouldn't fair much better than Obama statewide. However, for these reasons, I don't see Barth getting the appointment unless it really is only until a special election is called and she agrees not to run. She's just too weak of a candidate for the national party to risk.
You are confusing death with vacancy. Dead is dead, but vacancy is another matter. It may turn out to be the same as death, but could also be something else depending upon statute and case law. Reality and the law are not always congruent.
Depends on the definition of “dead”...................
They will do whatever is necessary to avoid a special election.
what do u mean by this remark ?
Arwn’t laws so messy when a Dem looks at them?
The only way to get rid of useless 9 term senators is to have them die...I hope these moron voters across the Country vote a ton of change into the offices in November.
Without Robert Byrd the Democrats have one less vote in the Senate. This makes it harder for them to rubber-stamp everything that comes out of the House. Since Gov. Manchin is a Democrat, it stands to reason that he would appoint another Democrat to succeed Robert Byrd, which would make it easier for the Senate to continue rubber-stamping everything that comes out of the House.
"In 34 states, the governor makes an appointment to fill a U.S. Senate vacancy until the next regularly-scheduled general election. At that point, a candidate is elected and serves for the remainder of the unexpired term, if any. Table 1 lists the states where the governor appoints a U.S. Senate vacancy replacement."
WV is on that list;
If they break the law, it will be more ammunition to be fired in the next elections.
Byrd Is Dead and probably looking for a drink of ice water by now. But the State of WV not exactly sure when his seat will become vacant.
“Byrd Is Dead and probably looking for a drink of ice water by now. But the State of WV not exactly sure when his seat will become vacant.”
I’m sure Ded Kennedy (D-HELL) will hate to see Sheets coming...he will now go back to being the Junior Senator...
I am hereby offering 30% of all the graft I can get. By my most conservative guestimate that would come to about 10 million a year before taxes for him.
Does anyone know if senators and their cohorts have to pay taxes on graft, bribes and other forms of remuneration?
Would be nice to get wire tap on Manchin’s phone. Rhambo and Axelrod will be taking an active role in the selection process for the people of West Virginia.
I’m sure that the governor will take care to follow your rulings to the letter. Well, maybe not. More likely, he will do what is in his own best interests and find some lawyers who will paper it up to look good. It may be that they do exactly as you say, but only if it suits the governor’s ambition. You do remember when Nixon carried the State of West Virginia over John Kennedy don’t you?
“You do remember when Nixon carried the State of West Virginia over John Kennedy dont you?”
I remember a lot of chit they have pulled over the years, that doesn’t mean we should lay down for them...especially now.
I’m not suggesting that we lay down, I’m just pointing out that they are going to do whatever best suits the governor’s chances of becoming a Senator. It seems that his best chance is to do what you say and call a special election. That way, he can run for the seat and meantime, he will appoint a placeholder to keep it warm for him.
The real question is can someone beat Manchin? That is apparently a pretty tall mountain to climb. Not every Democrat can be beaten, even in a good year.