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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
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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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