[Tailback]

As others have noted, the key date here is July 3 — next Saturday. Under West Virginia law, were a vacancy to be declared before then, an appointee would hold the seat through this November, when a special election would be held to fill the final two years on the term Byrd was elected to in 2006. The winner of that special election would presumably seek a full term in 2012. Were a vacancy to be declared after July 3, an appointee would hold the seat through the 2012 election, when the full six-year term would be up.

Can the GOP Senators call for a roll call or quorum or some such, and then noting the WV Senators absence move to declare vacant?

[doug from upland]

I doubt it. It seems to be the sole discretion of the governor.