Posted on 06/28/2010 12:29:30 PM PDT by OldDeckHand
The death of West Virginia Sen. Robert Byrd (D) will trigger a fierce battle to replace him, although the timing of that race remains an open question.
West Virginia law states that if there is a Senate vacancy more than 2 1/2 years before the incumbent's term ends, a special election would be called for this November. That 2 1/2-year mark is July 3 -- four days from now.
But, as the Post's Paul Kane notes, the language of the law is unclear as it sets up a schedule that would begin the special election process after the "primary next." That means, according to Democrats, in the spring of 2012. Such a schedule would place the special election in November 2012, when Byrd's ninth term would have ended anyway.
(Excerpt) Read more at voices.washingtonpost.com ...
It’s almost like they kept him alive just long enough to avoid an election.
The WV Supreme Court wouldn’t prevent the Gov. from calling a special primary and having the seat be filled at the Nov. general election, but neither will it (if it follows it’s perverse precedent) mandate that the Gov. do so, and obviously Dem Gov. Manchin is not going to want to give the GOP the chance to win the seat this November.
It would depend on the Constitutions of the respective states. I'm not sure what the WV Constitution says in this regard. Not every state allows for gubernatorial recall. For example, the state I view as my home state, Ohio, does not allow for recalls of governors (or any statewide elected officials, I believe).
Didn't California have to first amend their Constitution before they recalled Grey Davis? I could be wrong.
No. Initiative, referendum and recall were added to the California Constitution a century ago under Gov. Hiram Johnson.
That's an interesting point. The case I referenced really doesn't touch on the subject, and I'm not familiar with WV law enough to render an informed decision. On it's face, it would be difficult to believe they would enjoin the governor from doing such, but I really don't know.
The governor was just reelected and serves until 2013, so he doesn't care. Let's see if the people of West Virginia speak up about this.
-PJ
It's even crazier. They are going to hold two simultaneous elections, for the same seat. It's nuts.
"But that election will not be the 2010 General election. Part of this same section of code, requires the candidate to have filed during the filing period. That filing period has already passed. There was a legal case in 1994 decided by the West Virginia Supreme Court of Appeals that up held that position of requiring candidates to file during the filing period."That means the election for the unexpired term would be the next election cycle which would take place in 2012. Candidates will be nominated in the primary and elected in the general of 2012.
"That brings up an interesting situation. Because Senator Byrd's seat would have been up for re-election in 2012, both the position for the unexpired term and full term will be on the ballot at the same time but are separate races. In fact it will be two separate elections. With the unexpired race being a special election because it would otherwise not have been on the ballot.
"The winner of the unexpired term would serve out the final five weeks or so until the new term of Congress starts in January of 2013. Had Senator Byrd's term not run out in 2012 there would not have been this unique situation. It would have just been for the unexpired term.
New Jersey: Democrats argue that Robert Torricelli, who stepped aside because he was losing in the polls, be allowed to be replaced in the final weeks with someone with more of a chance to win, in the name of giving the voters a competitive election. The courts agree.
Hawaii: Democrats argue that deceased House incumbant Patsy Mink be allowed to remain on the ballot despite having died, because she has name recognition for voters who want to still vote Democrat. A vote for Mink will be a vote for her ballot replacement. The courts agree.
Missouri: Democrats argue that the deceased Senate candidate Mel Carnahan be allowed to remain on the ballot, and that a vote for him is a vote for the Governor to appoint a successor (his wife), should his name win. The courts agree.
Massachusetts: Democrats argue that the Governor should be allowed to appoint an interim Senator to fill the seat vacated by the deceased Ted Kennedy, despite the law that leaves the seat vacant until a special election. The courts agree.
-PJ
I bet the people of WV won’t care at all how it’s done so long as a Byrd clone is put in that seat.
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