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 ...
“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
Hello Madeline,
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 ...
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