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 ...
Where does the law say that the governor gets to appoint a replacement if the “primary” is going to take “too long”?
There is a definite timeframe, if the Left refuses to obey the law, then they will have an EMPTY SEAT for 2011 and 2012 and they have to live with that decision.
with all the BS from dems earlier letting people to vote, at least conservatives should loudly demand the right to vote as intended by the law. This would put pressure to Gov (and would weaken him in the future elections) and would make Dems look bad.
Of course, giiven the tactical incompetence of current GOP leadership, I’m not holding my breath. Libs would be organising demonstrations already and demanding special election.
§3-10-3. Vacancies in offices of state officials, United States senators and judges. Any vacancy occurring in the office of secretary of state, auditor, treasurer, attorney general, commissioner of agriculture, United States senator, judge of the supreme court of appeals or in any office created or made elective to be filled by the voters of the entire state, judge of a circuit court or judge of a family court is filled by the governor of the state by appointment. If the unexpired term of a judge of the supreme court of appeals, a judge of the circuit court or judge of a family court is for less than two years or if the unexpired term of any other office named in this section is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term of any office is for a longer period than above specified, the appointment is until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following such timely filing and has thereafter been elected and qualified to fill the unexpired term.
Proclamation of any election to fill an unexpired term is made by the governor of the state and, in the case of an office to be filled by the voters of the entire state, must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. If the election is to fill a vacancy in the office of judge of a circuit court or judge of a family court, the proclamation must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication is each county in the judicial or family court circuit.
Note: Code updated with legislation passed through the 2009 4th Extraordinary Session
*******
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES. §3-5-1. Time and place of holding primary elections in the year one thousand nine hundred eighty and thereafter; hours polls open. Primary elections shall be held at the voting place in each of the voting precincts in the state, for the purposes set forth in this article, on the second Tuesday in May in the year one thousand nine hundred eighty-six and in each second year thereafter.
At such election the polls shall be opened and closed at the hours provided for opening and closing the polls in a general election
After the Byrd Rally I mean funeral
Great picture of The Byrds. Before Crosby got hog fat, Mike Clarke died from liver failure (alcohol) and Gene Clark died from drugs. McGuinn is a leftist idiot. Hillman (on the left) at least did some good country stuff and actually did some troop support concerts.
Headline should read : Byrd’s Death Triggers New DEATH POOL on the Howie Carr Show at 4:00.
Everyone needs to demand an election this year. The primary election was in May but the filing deadline for third party and independent candidates is July 30. There is plenty of time for an election this year.
They look like Emo kids. LOL!
Exactly.
What is preventing the governor from calling a special primary election for sometime in August or September, to be followed by the general election in November?
-PJ
§3-10-3. Vacancies in offices of state officials, United States senators and judges.Any vacancy occurring in the office of secretary of state, auditor, treasurer, attorney general, commissioner of agriculture, United States senator, judge of the supreme court of appeals or in any office created or made elective to be filled by the voters of the entire state, judge of a circuit court or judge of a family court is filled by the governor of the state by appointment. If the unexpired term of a judge of the supreme court of appeals, a judge of the circuit court or judge of a family court is for less than two years or if the unexpired term of any other office named in this section is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term of any office is for a longer period than above specified, the appointment is until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following such timely filing and has thereafter been elected and qualified to fill the unexpired term. Proclamation of any election to fill an unexpired term is made by the governor of the state and, in the case of an office to be filled by the voters of the entire state, must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. If the election is to fill a vacancy in the office of judge of a circuit court or judge of a family court, the proclamation must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication is each county in the judicial or family court circuit.
emphasis added.
Of course, what matters is how that statute has been interpreted by the WV Supreme Court. There is a precedent, and it's not encouraging. It may be found here. The circumstances almost exactly mirror this particular instances. The primary had passed, but there was still an upcoming general election. The Repuclicans sued to get the vacancy filled during that general election. The WV Supreme Court ruled for the Democrats and said this in the opinion...
" In view of the foregoing, we conclude that Section 7 of Article VIII, along with W. Va. Code, 3-10-3, controls the governor's right to appoint a person to fill a vacancy in the office of supreme court justice or circuit judge. The relator is not entitled to have the office filled at the November, 1994, general election.See footnote 12 We, therefore, decline to issue a writ of mandamus. "
Essentially, we're screwed.
-PJ
The Supreme Court of WV. See my post just above.
They are Democrats. They would change the law to benefit them anyway. Nothing’s illegal if you’re a Democrat.
Hey...sounds like a good bumper sticker.
Why not a primary and a special election sometime after that? Plenty of time for both between now and the end of the year.
Funny how the law is only ‘unclear’ when it clearly favors Republicans. What part of MORE than 2 and a half years is hard to understand? Special election in November, no brainer. If there were a Republican Governor, it wouldn’t be ‘unclear’, all the media would be proclaiming the law clearly calls for a special election.
In the interest of factual accuracy, I think you have to know and understand the case law that has sprung from this statute. The Supreme Court of WV is pretty clear in this regard, as has been cited just a few posts up.
The statute is poorly worded, and it should have been amended after the 1994 decision to force the governor to call for a special primary before the next regularly scheduled general election. The statute doesn't do that, so the authority rests solely with the Executive, or so the Court has held.
OK, so the Gov. waits until after July 3, appoints a “placeholder” senator who won’t seek a full term, then runs for the seat himself in 2012.
And to name it after him.
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