Posted on 06/27/2010 12:57:47 PM PDT by OldDeckHand
I pray Senator Byrd has a speedy recovery. If at the age of 92 the Lord has decided to take him, may he not suffer and may he get right with Him.
sorry, but he has been incapacitated for years.
Yes, I think an independent or a third-party candidate would present a new case to the court.
He also voted for the two Supreme Court justices GWB put in and voted to confirm Janice Rogers Brown (who is black, I think) and several other conservative judges GWB was able to get through!
From the statute you posted, deport, it seems to me that if a vacancy is created (e.g., due to Byrd’s death) prior to July 3, 2010 (which is 2 years and 6 months prior to the expiration of Byrd’s term) that Gov. Manchin would have to call a special election for this November and whoever Manchin names as a replacement Senator could only serve until the November winner is certified. However, if the vacancy doesn’t arise until past July 3, 2010 (e.g., if Byrd dies or resigns later than that) then Manchin could name a replacement Senator to serve until the end of the term on January 3, 2013.
If Byrd dies before Saturday, it will be interesting to see what Manchin would do. Would he name a place-holder and then run for the seat himself in November? Or would he name someone that he believes could hold the seat for the Democrats in November (and Manchin can then either run for that seat in 2012 or for Rockefeller’s seat in2014)? Or maybe Manchin will resign as Gov. and have the Lt. Gov. become Gov. and name Manchin to the Senate, which would be the riskiest move of all?
And if Byrd dies (or resigns) later than July 3, Manchin would have the same options, although stepping down and having the Lt. Gov. become Gov. and name Manchin to the Senate would be less risky (since Manchin wouldn’t need to face the voters until over two years after his sleazy move).
huah
Agreed. If we can slug out a victory in Joisey, the WV GOP should be able to win-especially now.
WV has no Lt Governor. I mistakenly thought the Sec of State is second in line, but it is the President of the Senate. Manchin may be relatively popular, but I think having himself appointed to the Senate would look bad. That’s what cost Wendell Anderson in MN in the ‘78 blowout up there (and Edwin Mechem in NM in ‘64).
Yes, it would be the riskiest choice, as I said, but if the vacancy doesn’t occur until past July 3 Manchin wouldn’t face the voters until Nov. 2012, and voters’ memories are short.
Which would be 2 years and 4 months, but the Mecham and Anderson examples, both also went roughly 2 years before facing the voters from the time of their having themselves appointed.
Wake me when he’s dead so that I can feign that I care.
You’re right, Mechem and Anderson didn’t face the voters until 22-23 months after they got themselves appointed to the Senate, and they had the additional bad luck of being a Republican running in NM in 1964 and a Democrat running in MN in 1978. Manchin should appoint a place-holder if he wants to run for the seat.
“If it persists, Byrd’s illness could complicate the financial reform bill’s path to President Barack Obama’s desk. Massachusetts Sen. Scott Brown, one of four Republicans who voted for the original bill, has said he might vote against the version that emerged from the reconciliation of the House and Senate versions because it adds a $19 billion bank tax.
Should Brown vote no and Byrd is unable to vote, it would leave the bill one vote shy of the 60 needed to close debate and move to final passage.”
Sen. Byrd is no longer counted among the living.
You were quite astute in your observation of the importance
of the 2 1/2 year term distinction mentioned in the rule.
“it will be interesting to see what Manchin would do. Would he name a place-holder and then run for the seat himself in November?”
I think that’s the most likely senario.
Yup. He dead. Byrd flown the coup.
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