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WV Law is Ambiguous About Whether Special Election Must be Held
Ballot Access News ^ | 6/28/10 | Richard Winger

Posted on 06/28/2010 9:44:36 AM PDT by Redmen4ever

West Virginia law says a special election must be held if the vacancy occurred more than two and one-half years before the end of the term...Byrd died more than two and one-half years before end of his term. So, one would think there will be a special election in 2010 to fill the last two years of his seat.

On the other hand, there is no provision for a special election that occurs too late for a primary, and no provision for a special primary. West Virginia’s primary this year was May 11...[T]he deadline for independent candidates, and for the nominees of unqualified parties, is August 1. In theory, candidates could get on the ballot for a special election by petition, if they act fairly quickly, but how this impacts on the state’s decision on whether to hold a special election is undetermined.

(Excerpt) Read more at ballot-access.org ...


TOPICS: Politics/Elections; US: West Virginia
KEYWORDS: byrd; senate; specialelection
Richard Winger is one of the country's foremost experts on ballot access. The Republicans had previously challenged the law with respect to a judicial office that had come vacant with more than 2 1/2 years to go but after the deadline for filing for the primary, and lost. The case of an independent or non-primary party (e.g., the Libertarians), who could not file for the primary, but who can file by July and have until August 1 to submit their petitions has not been considered by the courts.
1 posted on 06/28/2010 9:44:45 AM PDT by Redmen4ever
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To: Redmen4ever

Lemme guess. If Byrd had been a Republican, there would be no “ambiguity” at all, right?


2 posted on 06/28/2010 9:45:55 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: Redmen4ever

The ambiguity will be resolved in Governor Manchin’s favor, whatever that course of action may be.


3 posted on 06/28/2010 9:46:58 AM PDT by centurion316
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To: pnh102

I am pretty sure Mr. Skittles and his AG will have an informed opinion coming soon. Do you really think the WV Gov can figure this out himself?


4 posted on 06/28/2010 9:51:01 AM PDT by equalitybeforethelaw
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To: centurion316
As one Illinois governor was overheard to say, "I've got this thing and it's bleeping golden. I'm just not giving it up for bleeping nothing."
5 posted on 06/28/2010 9:51:39 AM PDT by billorites (freepo ergo sum)
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To: pnh102

Lemme guess. If Byrd had been a Republican, there would be no “ambiguity” at all, right?

*******************

Correct. A bit like the continued voting by the appointed Democrat senator of Massachussetts days after the popular election of his Republican replacement.

These things must be done in proper order.


6 posted on 06/28/2010 9:53:35 AM PDT by Psalm 144 (Let me be clear. The voluntary pancipation of Cinco de Quatro is mandated in all 57 states.)
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To: Redmen4ever

Joe Manchin is anti-abortion, anti-gay marriage, anti-gun-control. I hope that leads him to a good pick but I still think everyone should scream to high heaven to “Let the People Vote!”.


7 posted on 06/28/2010 9:56:16 AM PDT by Maelstorm (Tyranny thrives when the people are silent.)
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To: pnh102

You are EXACTLY correct.


8 posted on 06/28/2010 9:58:22 AM PDT by Obadiah (I can see November from my house!)
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To: Psalm 144

This is just too easy to call.

Congress is not in session so there is no vacancy. When they reconvene, the vacancy exists (less than 2.5 years)


9 posted on 06/28/2010 10:00:27 AM PDT by Cletus.D.Yokel (FreepMail me if you want on the Bourbon ping list!)
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To: Redmen4ever

Why worry with it?

Just leave it up to the Democrats, they will come up with something.

In the end that’s what’s going to happen anyway, whatever the Democrats need to suit themselves.


10 posted on 06/28/2010 10:00:46 AM PDT by Venturer
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To: Redmen4ever
On the other hand, there is no provision for a special election that occurs too late for a primary, and no provision for a special primary.

Who said there has to be a primary for this seat?

I guess they're trying to add this to an already scheduled election, and since the primary has passed, then I assume the problem is that the November general election is too far away to keep this seat vacant?

I know it sucks when someone dies, but that's why they call it a special election. Perhaps WV will just have to suck it up and hold another election in August to fill the seat?

-PJ

11 posted on 06/28/2010 10:03:07 AM PDT by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: Cletus.D.Yokel
Congress is not in session so there is no vacancy.

Yup, except for the part about spending the recess back home with their constituents. Even during the recesses, they are still Senators. Remember how much fun last year's August recess was with all the town halls? Why deprive West Virginians of their equal suffrage during this August recess?

Let them send a signal to Washington with their vote for a replacement. I'd think the MSM would love the chance to write stories about how this election is a foreshadowing of what will happen in November.

Except that maybe the MSM doesn't want that. Maybe they want to use the summer rehabilitating the Democrat brand before November, and don't want a pesky special election to get in the way of that story.

-PJ

12 posted on 06/28/2010 10:08:41 AM PDT by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: Maelstorm

“Joe Manchin is anti-abortion, anti-gay marriage, anti-gun-control. I hope that leads him to a good pick but I still think everyone should scream to high heaven to “Let the People Vote!”.”

You are correct. Joe Manchin is about as conservative a Democrat that you will ever find but he is also a big Obama supporter. I’m sure he will take his marching orders and appoint who he is told to appoint to fill the vacancy until a special election could be called. The long standing rumor was that he was going to appoint HIMSELF as the senator. I think he denied it though.


13 posted on 06/28/2010 10:14:27 AM PDT by chippewaman
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To: Maelstorm

“Joe Manchin is anti-abortion, anti-gay marriage, anti-gun-control. I hope that leads him to a good pick but I still think everyone should scream to high heaven to “Let the People Vote!”.”

You are correct. Joe Manchin is about as conservative a Democrat that you will ever find but he is also a big Obama supporter. I’m sure he will take his marching orders and appoint who he is told to appoint to fill the vacancy until a special election could be called. The long standing rumor was that he was going to appoint HIMSELF as the senator. I think he denied it though.


14 posted on 06/28/2010 10:14:41 AM PDT by chippewaman
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To: Maelstorm
"....scream to high heaven to “Let the People Vote!”.

? Be careful what you wish for. RATS hold every single state-wide office in WV.

15 posted on 06/28/2010 10:18:59 AM PDT by Roccus (......and then there were none.)
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To: Cletus.D.Yokel

Congress is not in session? Why are we having confirmation hearingis for Elena Kommie Kagan?


16 posted on 06/28/2010 10:18:59 AM PDT by WashingtonSource
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To: Cletus.D.Yokel

If Byrd were alive, then his term would end in just over 2 1/2 years. It seems to me that the law was enacted to cover, the “term,” and not whether or not Congress was in session. To argue that there is no vacancy, is to argue that Byrd is still alive. In an honest society, a special election would be scheduled immediately. And as it has been posted, a Senator doesn’t cease to be a Senator while Congress is in recess. To me, someone ceases to be a Senator during recess either by resignation or death. One of those two now applies.


17 posted on 06/28/2010 10:25:59 AM PDT by Enterprise (As a disaster unfolds, a putz putts.)
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To: chippewaman

If Manchin goes to the Senate, all of his prior beliefs are null and void until proved otherwise. Such is the nature of these people.


18 posted on 06/28/2010 10:29:02 AM PDT by Enterprise (As a disaster unfolds, a putz putts.)
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To: chippewaman; Maelstorm
“Joe Manchin is anti-abortion, anti-gay marriage, anti-gun-control..."...
"...Joe Manchin is about as conservative a Democrat that you will ever find but he is also a big Obama supporter..."

OK ... riddle me that one. How does this work? Manchin himself is 'anti-abortion, anti-gay marriage, anti-gun control' ... however he is 'big' supporter of a President who is pro-abortion (very pro-abortion), pro-gay marriage, and pro-gun control ...
If Mr. Manchin really supports a President with these attributes - I don't believe the qualities (pro-life, pro-marriage, pro-2nd Amendment) you credited to him...
Something does not compute...

19 posted on 06/28/2010 10:32:00 AM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: Redmen4ever

Rumor has it that the junior Senator, Rockefeller, is not too well himself.


20 posted on 06/28/2010 10:37:32 AM PDT by samanella ((I may not always be right, but I will never be left))
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To: El Cid

I agree but WV Democrats get away with that kind of crap. They support a national party that is totally out of line with what they claim to be their personal values.


21 posted on 06/28/2010 10:42:23 AM PDT by Maelstorm (Tyranny thrives when the people are silent.)
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To: Roccus

After this year they won’t. West Virginia has voted increasingly Republican every Presidential election except for what are loyalty races such as with Byrd. Mollohan just got ousted and will bet we will have one if not two new Republican Congressmen from West Virginia this year because of Cap and Trade and the Health Care boondoggle. Yes let the people vote. West Virginia has a different dynamic than a lot of other states it is very similar in ways to Arkansas, Tennessee, and Kentucky and is moving further and further right. The state wide offices are almost entirely held by what are truly conservative Democrats with the exception of Rockefeller who is dancing a different tune lately. He acts like he has some polling that shows that he is in trouble come 2012.


22 posted on 06/28/2010 10:54:33 AM PDT by Maelstorm (Tyranny thrives when the people are silent.)
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To: chippewaman
The long standing rumor was that he was going to appoint HIMSELF as the senator. I think he denied it though.

He's not going to appoint himself. The Lieutenant Governor is going to do that.

23 posted on 06/28/2010 11:12:54 AM PDT by TBP (Obama lies, Granny dies.)
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To: El Cid

Manchurian Manchin.


24 posted on 06/28/2010 11:14:58 AM PDT by TBP (Obama lies, Granny dies.)
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To: Maelstorm

If all you want is an R after a Reps. name, then you may get that with Maynard. However, he is a life-long RAT who swiched just last Nov. He is an opportunist and will not help the right even if he can beat Rahall.

IMO, Oliverio will take Mollahan’s seat.

Mountaineers I know, by and large, like Obamacare.

Rockefeller’s term isn’t up until 2016.

As for the dynamic of WV, I live right in the middle of it. They may talk one way, but once in the booth............


25 posted on 06/28/2010 12:00:33 PM PDT by Roccus (......and then there were none.)
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To: samanella

Pray harder!


26 posted on 06/28/2010 12:15:49 PM PDT by Doulos1 (Bitter Clinger Forever)
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To: chippewaman

I’m not too sure of that given the climate bill and coal mining being the biggest employer in WV?


27 posted on 06/28/2010 12:22:44 PM PDT by chris_bdba
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To: Redmen4ever

Does West Virginia law MANDATE that ALL elections for their federal representatives, no matter the situation, MUST be first selected in a primary election, before being submitted to the voters in general??

Or, is no such mandate in the law, or is it there with exceptions that would cover a special election??

If so, then the GOP should DEMAND (in court if needed) a general, special “party-line” election, with the parties themselves deciding the nomination of their candidates.


28 posted on 06/28/2010 12:58:25 PM PDT by Wuli
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To: Redmen4ever
West Virginia law says a special election must be held if the vacancy occurred more than two and one-half years before the end of the term...Byrd died more than two and one-half years before end of his term. So, one would think there will be a special election in 2010 to fill the last two years of his seat.
On the other hand, there is no provision for a special election that occurs too late for a primary, and no provision for a special primary.
Then there is no problem . . . you run an election without a Democrat on the ballot!

29 posted on 06/28/2010 1:47:21 PM PDT by conservatism_IS_compassion ( DRAFT PALIN)
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To: Roccus
Rockefeller’s term isn’t up until 2016.
That doesn't compute; if so his seat would also be up in 2010
Near as I can tell he got elected in '84, and would presumably next be up again in 2014. But, as you imply, that isn't 2012 and certainly not 2010.

30 posted on 06/28/2010 2:38:54 PM PDT by conservatism_IS_compassion ( DRAFT PALIN)
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To: conservatism_IS_compassion

You’re right. He’s up in 2014. I musta hade a senior moment. :(


31 posted on 06/28/2010 3:45:00 PM PDT by Roccus (......and then there were none.)
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To: El Cid
If Mr. Manchin really supports a President with these attributes - I don't believe the qualities (pro-life, pro-marriage, pro-2nd Amendment) you credited to him...Something does not compute...

It means he can do pro-life, pro-marriage, and pro-2nd Amendment well enough to get elected in WV, but when doing something of national significance, will follow Dem marching orders. See, no conflict at all!

32 posted on 07/05/2010 3:27:32 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Wuli
If so, then the GOP should DEMAND (in court if needed) a general, special “party-line” election, with the parties themselves deciding the nomination of their candidates.

That's what was done in NY-23. The parties selected the candidates.

33 posted on 07/05/2010 3:30:20 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking
It means he can do pro-life, pro-marriage, and pro-2nd Amendment well enough to get elected in WV, but when doing something of national significance, will follow Dem marching orders. See, no conflict at all!

Hah! ... yeah, I suppose... Just check your convictions, conscience, and soul in at the door - because you want be needing them anymore (true for 100% of the Dem politicians, and probably over half of the Repubs...).

34 posted on 07/05/2010 3:37:47 PM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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