[Redmen4ever]

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.

[pnh102]

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

[centurion316]

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

[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!”.

[Venturer]

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.

[Political Junkie Too]

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

[samanella]

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

[Wuli]

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.

[conservatism_IS_compassion]

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!