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Dems To Follow WV Law For Byrd’s Seat

From The Hill:

West Virginia Gov. Joe Manchin

Appointment will fill Byrd’s seat until Nov. 2012 special election

By Shane D’Aprile – 06/28/10

The person West Virginia Gov. Joe Manchin (D) appoints to fill the late Sen. Robert Byrd’s seat will serve until a special election is held in November 2012.

On Nov. 6, 2012, West Virginians will vote in two elections: one to fill out the remainder of Byrd’s (D-W.Va.) term and one to elect someone to fill Byrd’s seat, which expires in January 2013.

How peculiar.

The winner of the special election will hold office for five weeks — until Jan. 3, 2013. The winner of the general election will take office for the 113th Congress.

A candidate can run in both elections, according to the West Virginia secretary of state’s office.

Monday was marked by confusion regarding West Virginia’s election law, leading West Virginia Secretary of State Natalie Tennant (D) to hold an afternoon press conference to announce what would happen to Byrd’s seat.

She said the position for the unexpired term and full term will be on the ballot at the same time but as separate races.

“In fact, it will be two separate elections,” she explained, “with the unexpired race being a special election because it would otherwise not have been on the ballot.”

Maybe they just want to make things as confusing as possible. We predict ‘dangling chads.’

West Virginia law states that a special election should be held if more than two and a half years are left in the term. Byrd died with two years, six months and five days left in his term.

But confusion arose from the code’s wording. As to the matter of succession, it read that if the unexpired term of office is for a longer period than two and a half years, “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.” …

Now it falls on Manchin to settle on a timetable for announcing a replacement — a decision closely tied to his political future.

Manchin has long had his eye on national office and has positioned himself to succeed Byrd in the Senate…

Manchin had pledged to serve out his gubernatorial term.

The most likely appointment scenario is that Manchin selects a caretaker candidate with no interest in running for the seat two years from now: someone in the mold of Sen. Ted Kaufman (D-Del.), who replaced Joe Biden, or Sen. Paul Kirk (D-Mass.), who succeeded the late Sen. Edward Kennedy

For Manchin, even a caretaker appointment isn’t without risk. Whomever Manchin appoints will also have to cast some tough votes in the Senate from now until 2012.

The Democrat in Byrd’s seat could be pressured by Senate Democrats to cast some votes that might be unpopular in West Virginia, particularly on cap-and-trade. Manchin is a staunch opponent of the Obama administration’s proposal

As usual, the Democrat choice will have to run against Mr. Obama if he hopes to win.

There are currently five appointed senators. Manchin’s appointee would add a sixth, which is high for the upper chamber but not close to the record. In the 1945-46 session of Congress, there were 13 appointed senators, according to the Senate Historical Office.

Maybe WWII had something to do with the 1945-46 session.

Just like the Democrats’ war to hold on to their majority may explain the situation today.

This article was posted by Steve on Tuesday, June 29th, 2010. Comments are currently closed.

5 Responses to “Dems To Follow WV Law For Byrd’s Seat”

  1. Perhaps Manchin’s BEST hope would be to pick a Libertarian. That way, the vote for cap & trade would not happen, and he wouldn’t have to worry about a formidable foe… hehe.. or would he?

    What a truly interesting scenario

  2. proreason says:

    2 elections maximize their chances for fraud and to file protests.

  3. Right of the People says:

    “But confusion arose from the code’s wording. As to the matter of succession, it read that if the unexpired term of office is for a longer period than two and a half years, “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.” …”

    I wonder if they had to have someone come in a read the regulations to them? That could be the cause of the confusion, all them big words.

  4. pamypo says:

    This fraud just worked in Pa 19th.

  5. tranquil.night says:

    Yeah okay, a special election to send someone to office for five weeks while the appointed interim Democrat gets practically the rest of the term.

    This makes complete sense and is surely what the law meant when it made that very clear 2.5 year distinction. /sarcasm off.

    Liars. Cheats. Thieves.

    On a total road to nowhere, wholly rejected, complete failures, nonetheless hopelessly desperate to cling to power. Pathetic.


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