Skip to comments.Robert Byrd replacement not immediate concern for W. Va. Gov (Delay by Dem to avoid election)
Posted on 06/30/2010 6:08:32 AM PDT by SoFloFreeper
West Virginia Gov. Joe Manchin doesn't expect to start searching for a successor to U.S. Sen. Robert C. Byrd until after the longest-serving senator in history is laid to rest next week.
Manchin says he's instead focused on comforting Byrd's family and staff, and preparing the West Virginia memorial scheduled for Friday for the iconic figure who died Monday at 92 after years of frail health.
(Excerpt) Read more at csmonitor.com ...
Based on the contents of that article I’m going to assume that Robert Byrd is still dead.
Per the National Journal, here’s how it works:
The governor appoints a successor, but because there is more than 2 1/2 years remaining on the term, there must be a special election. The governor’s appointment is only valid until the special election.
But WV law requires that any candidates for the special election be chosen in a primary election. WV’s primary occurred in May. The next primary election is in 2012. Thus, in November 2012, there will be two elections: a general election for the six year term, and a special election to fill the last few weeks of Byrd’s term.
The “widow Byrd” predeceased her husband.
The Governor must be “comforting” somebody else.
I think it’s the time of the senator’s death, not when the new one is appointed.
They're too busy trying to think of reasons why voting to confirm Elena Kagan is "the best thing for all."
The vacancy occurred the moment Byrd died and they know it.
That seems unlikely.
Yep, November of 2012 about 2 months before the Byrd term would have expired in Jan. 2013. Makes very little difference as I see it, appoint for the full term or have an election just before the term ends.
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.
He can't be comforting the widow.....his wife died in 2006 I believe.
The statutes that apply, others may also but not listed here:
§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
My prediction: sometime after the holiday weekend, he is going to name a placeholder, probably one of Byrd's senior staffers who has been running the office anyway, to hold the position until January 1913. Then Manchin can make a seamless transition from the Governor's mansion to the U.S. Senate.
People may say they want limited government, but they always vote for the pols who bring home the bacon. That is why government spending will never stop.
Sheets has probably been dead a long time and the other day the guy hidden behind him making Sheets hand shake died.
Your premise is incorrect. The Democrat Secretary of State has already ruled that State Law does not permit a special election prior to 2012, the regularly scheduled election for that seat. The law is pretty flaky, as alluded to by the SoS, but she said that she intends to follow it. When they plant Senator Byrd and when Manchin names a successor are not factors.
The only way to have an earlier special election is to bring suit against the SoS. Not sure that anyone will do that since Manchin may be easier to beat in 2012 than he would be in 2010.
Takes time to sell a seat. Got to beat the FBI wiretaps. Ask Blago what happens when you move too fast!!!!