Skip to comments.Byrd special election to be held in 2012
Posted on 06/28/2010 3:04:31 PM PDT by Chet 99
West Virginia Secretary of State Natalie Tennant (D) announced this afternoon that a special election to replace the late Sen. Robert Byrd (D) will be held in 2012, not this fall as some had speculated.
Calling the state election code an "interesting" document, Tennant said that because the filing deadline for this election had long passed that the "next" election for a special to be held was not November 2010 but November 2012.
Democrats had predicted Tennant's decision, insisting the law was clear and citing a 1994 case decided by the state Supreme Court that affirmed the idea of a delayed special. It's not immediately clear whether Republicans -- either at the state or national level -- will challenge Tennant's ruling.
(Excerpt) Read more at voices.washingtonpost.com ...
So the Rats don’t want the voters to choose. What a shock...
The 2012 election won’t be a special election. The seat was already scheduled to be up for election, that year.
Essentially, they’re going to have an election for a 6-month term.
“interesting document” my arse...it is quite clear that the election should be held...there is nothing in there that says anything about timlines except that July 3 was the cutoff...screw the filing dates, they aren’t covered in this law...and if the spineless RNC doesn’t cover expenses to sue their azzes they are worse than I thought and that is plenty bad.
one less vote for cloture on cap-n-trade too,, ‘til next year anyway
Now we're to believe that they have to wait two years to do the same in West Virginia?
What would Byrd have said about this?
Sounds to me like someone is throwing a lot of chaff in the air in hopes the democrats will come up with something concrete.
Strike my previous post. I mistakenly was thinking that they meant 2011. They don’t. They’re just going to appoint someone to fill the balance of Byrd’s original term, and hold the election as scheduled in 2012. This was predictable.
Timing is everything
So if I understand the SOS correctly. VW will have 1 senator until 2012...Cool. One less Rat.
This is just Democrats twisting the election laws to suit them -- again.
No, the Democrat governor gets to appoint the replacement who essentially gets close to 2 1/2 years without facing the voters. The replacement may actually be more conservative. Byrd drifted to the left in later years, presumably when he no longer could think for himself and simply voted however his leftist DC-based staffers told him to vote.
I fricking hate Democrats. I HATE THEM!
will there be KKK honors at his funeral?
Rather I should die a thousand times, and see Old Glory trampled in the dirt never to rise again, than to see this beloved seat of mine become degraded by a Republican. (or something like that)
When the Dems determine that they need the vote, they’ll move up the election or change the WV law to get an election in under 30 days.
Why have an election? Just let Obama appoint someone to fill the post on a permanent basis.
“It’s not immediately clear whether Republicans — either at the state or national level — will challenge Tennant’s ruling.”
Given the current GOP leadership, we all know the answer.
Libs would be up in the barricades already demanding special election (and GOP would fold within a day to grant the wish). God I hate the pathetic, spineless GOP leadership.
I had the same thought. Reports yesterday were he was hospitalized a week ago. First we heard of it. Then he was dead. shocker of all shockers.
This ruling does follow the West Virginia statute. Sorry to say it, but the language is pretty clear. I actually thought that it was to Manchin’s advantage to have a special election this year and that he might try to figure out a way to get that done. I think that he would have been hard to beat in 2010, 2012 is a long time and lots of things can happen along the way.
The Secretary of State is a Democrat too (big surprise they would ignore the rules)? just check wikipedia.
If it’s by appointment, then someone should look at what the Democrats wanted to pull (DID PULL) in Massachussets.
Otherwise, West Virginians should push for no representation at all, and then stop paying taxes until 2012.
The year after next? That’s got to be a typo!
But it won’t do them any good when Lautenberg kicks the bucket.
They need Blagoyavich to see how much the appointment is worth. Selected- not elected. What a country?
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.
I would suggest Zero appoint an "Empty Seat" czar who would declare all Republican seats empty.
West Virginia’s legislature passed the legislation, the people of West Virginia might want to take it up with them.
I personally think that it was a mistake to enact the 17th Amendment establishing direct election of Senators. I think that the Republic would be better served if Senators represented and were selected by sovereign states, not individual voters. The House of Representatives is the place for representatives of the people.
Is there really an imph of difference between these two very crappy political parties?
Both continue the charade of a difference to continue to soak the public of funds.
Both could care less about any of us.
They care about themselves.
The Secretary of State is a Democrat too (big surprise they would ignore the rules)? just check wikipedia.
What rules are they ignoring? Can you link to them?
I'd settle for the rules they are supposed to be following. Can you link to that?
If only West Virginia lawlessness were West Virginia's problem alone. Unfortunately, it isn't.
The Demothug who will soon be unlawfully appointed to complete "Sheets" Byrd's term will be voting on national legislation that will affect ALL of us. Critical pieces of the Obamassiah's wretched Marxist agenda will be voted on before November. The Democrats need that 60th vote.
Now, they have it.
Yep sure can.....
No doubt. The people of West Virginia are conservative, and increasingly Republican. Yet, they elected a Democrat governor because “he is conservative”. Conservative he may be, but he will appoint a Democrat to the Senate who will follow orders from Reid and Obama and advance a very left wing agenda counter to the wishes and best interests of the people of West Virginia.
Underlines the simple point that conservatives should NEVER, NEVER vote for a Democrat, no matter what.
Did you forget the /s tag or are you effin kidding me???????????
“Is there really an imph of difference between these two very crappy political parties?”
Pretty discouraging Joe...pretty discouraging...there’s never been an R.C.H.’s difference in my opinion, but they have come a long way...yeah, RCN is a full pack of imph for sure...
The Democrat Secretary of State hinted that the statute doesn’t make any sense. She’s right, but here it is and she is following the law as written:
The statutes that apply, others may also but not listed here:
WEST VIRGINIA CODE
§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
CHAPTER 3. ELECTIONS.
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
Originally from Huntington here.
Enjoy going back to W.Va. every chance I get.
To Sunnersville and Dominics Italian Chop House, The New River and The Bridge.
“Did you forget the /s tag or are you effin kidding me???????????”?
I don’t think so.
Byrd was, is and always will be garbage.
“WEST VIRGINIA CODE
§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.”
When I first read this statute, I agreed with your conclusion that the election couldn’t occur until 2012. However, I don’t anymore for this reason: It turns out that the filing dates for Democrats and Republican candidates — who are selected in primaries — is long gone. HOWEVER, the dates for filing for certificates of candidacy by independent and write-in candidates is STILL OPEN. In effect, their “primary” is simply their filing for a certificate of candidacy.
I suspect that if someone — anyone — filed for a certificate of candidacy as a write-in candidate, that he’d have a good case for a 2010 election. What if this caused an atty. general opinion that yes, it’s a poorly written statute that seems to assume a candidate can only be chosen in a primary and therefore be a Democrat or Republican and since a write-in candidate has filed for the office in a timely manner, then we have to have a 2010 election. It’s a flawed statute.
There was a WV Supreme Court opinion in the 90s that sort of addressed the subject BUT it was filed by a Republican and therefore the issue did not come up about write-in and independent candidates.
Interesting perspective. Would be entertaining to watch an independent candidate come forward.
Opinions vary on this, but I believe that Manchin’s chances of election would be better in 2010 than 2012. Lots can happen in two years and Manchin is very popular right now. He doesn’t have any money at the moment, but that can be fixed overnight. If the election is not until 2012, he must be very careful with his appointment - someone might get very comfortable in Washington during that period. Strike while the iron is hot is my gut reaction.
So, I’m thinking that a 2010 election might not be the best scenario for Republicans. Its a shame to have to wait two years, but that might be the best hope for a Republican takeover. Whoever wins the election, will likely hold the seat for a very long time.
More like two months, November, 2012 and December 2012.
The opportunities to scream KKK and quote Byrd brain disparaging the black race will never come again.
If the RNC lets this issue die they might as well close up shop.
The least the idiots at GOP .com can do is take down the commie red wall paper for Christs sake.
Ahem...the former KKK Kleagle racist SOB...Robert Byrd, may God rest his soul,...
Well there does come a time...
Wasn’t I prescient! Didn’t take long either ...