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WV Gov. Joe Manchin says he hasn't decided on Byrd successor, won't appoint self to fill seat
Fox8 News ^ | June 28, 2010 | AP

Posted on 06/28/2010 7:33:28 AM PDT by Brandonmark

Breaking News West Va. Gov. Joe Manchin says he has not made a decision on Byrd's successor, will not appoint himself to seat - AP

CHARLESTON, W.Va. (AP) — West Virginia Gov. Joe Manchin says he will not appoint himself to fill the U.S. Senate vacancy created by the death of Sen. Robert C. Byrd.

Manchin told The Associated Press there is no timetable for him to consider a replacement for Congress' longest-serving member.

(Excerpt) Read more at fox8.com ...


TOPICS: Government; News/Current Events; Politics/Elections; US: West Virginia
KEYWORDS: byrd; manchin
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1 posted on 06/28/2010 7:33:31 AM PDT by Brandonmark
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To: Brandonmark

I hope Gov. Manchin takes his time. :)


2 posted on 06/28/2010 7:34:22 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: Brandonmark

He’s gonna wait for the bids to start rollin in.


3 posted on 06/28/2010 7:35:41 AM PDT by Falcon4.0
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To: Brandonmark

It’s RE on line 1!


4 posted on 06/28/2010 7:35:57 AM PDT by maggief
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To: pnh102

5 posted on 06/28/2010 7:36:05 AM PDT by ReagansRaiders (Sarah Palin - Bob McDonnell 2012)
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To: Brandonmark

I am surprised obama and Reid didnt hustle him to appoint another democrat before the pen dropped from Sheets’ cold lifeless fingers

Maybe the senate seat auction is now open to the highest bidder- but carefully, very carefully


6 posted on 06/28/2010 7:37:16 AM PDT by silverleaf (Those who can make you believe absurdities can make you commit atrocities.)
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To: Brandonmark

The Governor better check WV’s laws. If Byrd had checked out 7/3/10 or later, he could appoint someone.

Since Byrd checked out early, they have to have a special election.

Anyone from WV can confirm?


7 posted on 06/28/2010 7:38:56 AM PDT by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: Brandonmark
West Virginia Gov. Joe Manchin says he will not appoint himself to fill the U.S. Senate vacancy created by the death of Sen. Robert C. Byrd...

That's mighty "white" of him.

8 posted on 06/28/2010 7:39:55 AM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: Brandonmark

I wonder what precisely is involved in the Governor declaring the seat vacant?


9 posted on 06/28/2010 7:40:11 AM PDT by MSF BU (++)
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To: Brandonmark

Joe “Sending you to hell, from Almost Heaven, West Virginia” Manchin


10 posted on 06/28/2010 7:42:04 AM PDT by frithguild (I gave to Joe Wilson the day after, to Scott Brown seven days before and next to JD Hayworth.)
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To: Brandonmark

WV Freepers:

You must demand a special election.

There was too much time left in Byrd’s term to allow the Gov to make an appointment. It is a requirement of WV state law that a special election take place.


11 posted on 06/28/2010 7:42:09 AM PDT by kidd
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To: Brandonmark

NEWS FLASH from Chicago...Rod BLAGO is moving to WV and has submitted his name.


12 posted on 06/28/2010 7:42:41 AM PDT by Paul46360
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To: MSF BU

Well, if the Senator was incapacitated, maybe there might be some debate.

But when the Senator is dead, the seat is as vacant as it can get.


13 posted on 06/28/2010 7:46:41 AM PDT by John Valentine
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To: Falcon4.0
I don't know about bids but my bet is on State Senator Ed Bowman who decided not to run for reelection. I'm shocked that he didn't appoint himself
14 posted on 06/28/2010 7:48:20 AM PDT by MadelineZapeezda (Promoted by God to be a mother!!!!!!!!!!!!!!!!...................Thanks, Susan!)
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To: pnh102
Thought by info per another posting that if Legislator had more than two and half years, left to serve; a special election was to be called.

Bryd had that; plus a few days.

15 posted on 06/28/2010 7:50:04 AM PDT by cricket ('flies don't lie')
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To: John Valentine

FWIW:

http://www.cnn.com/2010/POLITICS/06/28/robert.byrd.mourning/?hpt=Sbin

West Virginia law fails, however, to state exactly when a vacancy occurs. Whether the vacancy is considered to have been created at the moment of Byrd’s death, when the Senate informs state officials of the vacancy, or when Manchin declares the seat vacant will be crucial.


16 posted on 06/28/2010 7:51:54 AM PDT by maggief
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To: exit82

He can appoint a successor until an election is held. The question is will he have to call a special election, or can he wait until 2012 when Byrd’s term is up. The law requires a special election when a vacancy occurs with more than two and one half years before expiration of the term. Since Byrd’s term expires January 3, 2013, a special election seems in order. However, that all depends on the meaning of the word “vacancy”.


17 posted on 06/28/2010 7:52:27 AM PDT by centurion316
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To: MadelineZapeezda

Considering “Cap & Tax Energy” will be voted on soon, would Bowman support this anti-coal bill?


18 posted on 06/28/2010 7:53:41 AM PDT by newfreep (Palin/DeMint 2012 - Bolton: Secy of State)
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To: maggief

“West Virginia law fails, however, to state exactly when a vacancy occurs. Whether the vacancy is considered to have been created at the moment of Byrd’s death, when the Senate informs state officials of the vacancy, or when Manchin declares the seat vacant will be crucial.”

They can say what they want; when the man is dead, his seat is vacant. There can be no denying that, there can be no legal contortion that can change that.


19 posted on 06/28/2010 7:54:03 AM PDT by jessduntno ( "The planet has a fever, and it's in Al Gore's pants." - Howie Carr)
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To: MadelineZapeezda

Bet on Manchin or Mollohan.


20 posted on 06/28/2010 7:54:10 AM PDT by FreeInWV (Have you had enough change yet?)
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To: FreeInWV

WVans are sick of Mollahan....no way will he be appointed. Manchin seems to be a decent man, he’d never appoint him


21 posted on 06/28/2010 7:59:54 AM PDT by MadelineZapeezda (Promoted by God to be a mother!!!!!!!!!!!!!!!!...................Thanks, Susan!)
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To: maggief
Whether the vacancy is considered to have been created at the moment of Byrd’s death, when the Senate informs state officials of the vacancy, or when Manchin declares the seat vacant will be crucial.

Weekend at Bernie's

It's quite possible that Byrd will be able to cast a vote for Kagan's confirmation. The Senate Clerk will use a Ouiga Board.

22 posted on 06/28/2010 8:05:19 AM PDT by oldbill
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To: newfreep

I hope he would recognize the devastation it would bring to WV should it pass....any West Virginian would....with the exception of Rockefeller who doesn’t give a shiite about this state


23 posted on 06/28/2010 8:07:50 AM PDT by MadelineZapeezda (Promoted by God to be a mother!!!!!!!!!!!!!!!!...................Thanks, Susan!)
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To: jessduntno

(Sorry for the link)

http://www.fivethirtyeight.com/2010/06/wv-secretary-of-state-no-decision-yet.html

I just got off the phone with Jake Glance, the Public Affairs and Communications officer for West Virginia Secretary of State Natalie E. Tennant.

Glance told me that no decision has been made yet on when a special election would be held to replace Robert Byrd, who passed away early this morning. Various interpretations of the law might require the special election to be held this November — or not until November, 2012, when Byrd’s term was set to expire anyway.

“There are a lot of sections on state code that apply to this kind of thing and we’re examining each one of them and we’ll be making an announcement soon,” Glance told me. “We just need to make sure that what we say fits this specific situation.”


24 posted on 06/28/2010 8:10:05 AM PDT by maggief
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To: exit82

Just heard on a state-wide talk show that the Secy. of State’s office is working on this and will release a statement later today.


25 posted on 06/28/2010 8:13:32 AM PDT by Roccus (......and then there were none.)
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To: FreeInWV
.

ANNE BARTH

26 posted on 06/28/2010 8:15:09 AM PDT by Roccus (......and then there were none.)
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To: maggief

I type too slow :(


27 posted on 06/28/2010 8:16:25 AM PDT by Roccus (......and then there were none.)
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To: Roccus

Rules and laws do not apply when Democrats are involved. They make it up as they go...


28 posted on 06/28/2010 8:24:04 AM PDT by Russ (Repeal the 17th amendment)
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To: exit82

Here’s what I gathered from a quick review of WV statutes posted on another forum:

1. If Byrd had died after July 3 the appointment by the governor would be for the remainder of the term (Jan 2013)

2. Since Byrd died before July 3, the gov still gets to appoint, but there has to be a special election, and the appointed person serves until that special election.

3. Since the 2010 primary has already happened, there will be primaries and a general election in 2011 to fill the seat for the remainder of the term.


29 posted on 06/28/2010 8:24:10 AM PDT by almcbean
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To: Roccus
ANNE BARTH

From a purely tactical prospective, I do hope it is Barth, as she would be the easiest to beat in a special election. Republican Shelly Moore Capito trounced her in 2008 when she ran for Moore's House seat. Barth is far to the left of most West Virginians on social issues and wouldn't fair much better than Obama statewide. However, for these reasons, I don't see Barth getting the appointment unless it really is only until a special election is called and she agrees not to run. She's just too weak of a candidate for the national party to risk.

30 posted on 06/28/2010 8:24:55 AM PDT by apillar
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To: jessduntno
there can be no legal contortion that can change that

Wanna bet?

31 posted on 06/28/2010 8:28:09 AM PDT by rhinohunter (If Sarah Palin were irrelevant - she would be)
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To: jessduntno
They can say what they want; when the man is dead, his seat is vacant. There can be no denying that, there can be no legal contortion that can change that.

You are confusing death with vacancy. Dead is dead, but vacancy is another matter. It may turn out to be the same as death, but could also be something else depending upon statute and case law. Reality and the law are not always congruent.

32 posted on 06/28/2010 8:30:46 AM PDT by centurion316
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To: rhinohunter
there can be no legal contortion that can change that
33 posted on 06/28/2010 8:31:21 AM PDT by jessduntno ( "The planet has a fever, and it's in Al Gore's pants." - Howie Carr)
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To: John Valentine

Depends on the definition of “dead”...................


34 posted on 06/28/2010 8:31:52 AM PDT by Red Badger (No, Obama's not the Antichrist. He's just some guy in the neighborhood.............)
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To: almcbean
This appointment would be a hoot: Brad Paisley, WV's favorite son and a great spokesperson for WV, for the interim appoinment. The guy has style, a trophy wife and two young sons, so he can play off the 'cult of personality' and argue he has a stake in WV's future. I believe Brad Paisley is Democratically-inclined, based upon the famous Dems he hangs with (Tim McGraw etc., the Hollywood crowd.)
35 posted on 06/28/2010 8:34:31 AM PDT by Ciexyz
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To: Russ
Rules and laws do not apply when Democrats are involved. They make it up as they go...

Exactly!

They will do whatever is necessary to avoid a special election.

36 posted on 06/28/2010 8:35:04 AM PDT by rhinohunter (If Sarah Palin were irrelevant - she would be)
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To: exit82
The WV State Consitiution says that due to the timing of the Senators death that there will have to be an election for the remainder of the term. It looks like the Senate seat will possible be on the ballot in November 2010. I certainly hope so, then maybe there can actually be new blood maybe an Independent, or Republican can be elected to this seat. Next election 2012 maybe they can get rid of the Rockefeller who purchased his seat way back when, and has a home in WV, but refuses to live there. Rockefeller money should have never bought this seat, let alone WV residents should have never kept this sleeze bag around for as long as they have. Rockefeller is one of the most anti gun Senators in Washington. Vote The Bums Out!!
37 posted on 06/28/2010 8:35:46 AM PDT by TRAPPER2 (God Bless Our Troops, and God Bless America)
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To: pnh102

what do u mean by this remark ?


38 posted on 06/28/2010 8:37:49 AM PDT by ncalburt (e)
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To: maggief

Arwn’t laws so messy when a Dem looks at them?


39 posted on 06/28/2010 8:39:07 AM PDT by wiggen (Government owned slave.)
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To: Brandonmark

The only way to get rid of useless 9 term senators is to have them die...I hope these moron voters across the Country vote a ton of change into the offices in November.


40 posted on 06/28/2010 8:39:58 AM PDT by oust the louse (Obama = sincere ignorance and conscientious stupity!)
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To: Paul46360
NEWS FLASH from Chicago...Rod BLAGO is moving to WV and has submitted his name.

Good one!

41 posted on 06/28/2010 8:40:08 AM PDT by blondee123 (Illinois ELECT Adam Kinzinger - http://www.electadam.com/ rid US of communism!)
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To: ncalburt
what do u mean by this remark ?

Without Robert Byrd the Democrats have one less vote in the Senate. This makes it harder for them to rubber-stamp everything that comes out of the House. Since Gov. Manchin is a Democrat, it stands to reason that he would appoint another Democrat to succeed Robert Byrd, which would make it easier for the Senate to continue rubber-stamping everything that comes out of the House.

42 posted on 06/28/2010 8:41:38 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: centurion316
A political office is not an apartment; there is no occupancy staute. Dead is dead and the office is vacant. There can be no legal contortion that can change that...granted, they can ignore the law, but that will not make it legal. The rules are clear. The State law is clear. The only thing unclear is the balls the party and the people of WV have to make sure that this is not stolen There might not be a worthy or winning opposition to whatever Demwit they put up, but there is a legal obligation to set the November election now.

"In 34 states, the governor makes an appointment to fill a U.S. Senate vacancy until the next regularly-scheduled general election. At that point, a candidate is elected and serves for the remainder of the unexpired term, if any. Table 1 lists the states where the governor appoints a U.S. Senate vacancy replacement."

WV is on that list;

http://www.cga.ct.gov/2009/rpt/2009-R-0018.htm

If they break the law, it will be more ammunition to be fired in the next elections.

43 posted on 06/28/2010 8:42:10 AM PDT by jessduntno ( "The planet has a fever, and it's in Al Gore's pants." - Howie Carr)
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To: maggief

ROFLMAO.

Byrd Is Dead and probably looking for a drink of ice water by now. But the State of WV not exactly sure when his seat will become vacant.


44 posted on 06/28/2010 8:42:51 AM PDT by Bailee
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To: Bailee

“Byrd Is Dead and probably looking for a drink of ice water by now. But the State of WV not exactly sure when his seat will become vacant.”

I’m sure Ded Kennedy (D-HELL) will hate to see Sheets coming...he will now go back to being the Junior Senator...


45 posted on 06/28/2010 8:46:48 AM PDT by jessduntno ( "The planet has a fever, and it's in Al Gore's pants." - Howie Carr)
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To: Falcon4.0
He’s gonna wait for the bids to start rollin in.

I am hereby offering 30% of all the graft I can get. By my most conservative guestimate that would come to about 10 million a year before taxes for him.

Does anyone know if senators and their cohorts have to pay taxes on graft, bribes and other forms of remuneration?

46 posted on 06/28/2010 8:47:55 AM PDT by abortionisalwaysmurder (Before you kill your baby, ask yourself, What did the baby do?)
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To: Brandonmark

Would be nice to get wire tap on Manchin’s phone. Rhambo and Axelrod will be taking an active role in the selection process for the people of West Virginia.


47 posted on 06/28/2010 8:52:09 AM PDT by Kahuna
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To: jessduntno

I’m sure that the governor will take care to follow your rulings to the letter. Well, maybe not. More likely, he will do what is in his own best interests and find some lawyers who will paper it up to look good. It may be that they do exactly as you say, but only if it suits the governor’s ambition. You do remember when Nixon carried the State of West Virginia over John Kennedy don’t you?


48 posted on 06/28/2010 8:53:39 AM PDT by centurion316
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To: centurion316

“You do remember when Nixon carried the State of West Virginia over John Kennedy don’t you?”

I remember a lot of chit they have pulled over the years, that doesn’t mean we should lay down for them...especially now.


49 posted on 06/28/2010 9:00:49 AM PDT by jessduntno ( "The planet has a fever, and it's in Al Gore's pants." - Howie Carr)
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To: jessduntno

I’m not suggesting that we lay down, I’m just pointing out that they are going to do whatever best suits the governor’s chances of becoming a Senator. It seems that his best chance is to do what you say and call a special election. That way, he can run for the seat and meantime, he will appoint a placeholder to keep it warm for him.

The real question is can someone beat Manchin? That is apparently a pretty tall mountain to climb. Not every Democrat can be beaten, even in a good year.


50 posted on 06/28/2010 9:11:49 AM PDT by centurion316
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