Roger Ebert, Submoron | Main | Unemployment and Bastiat's "Broken Window" Parable
June 28, 2010

More Byrd: Previous Case on Filling Vacancies May Support Democrats Keeping Unelected Appointee In Seat


This as to do with ZeroSheep's point: One part of the law specifies the need for a special election. Another part of the law, though, specifies timing requirements that seem to put off a special election... until the actual regularly-scheduled election.

From cinyc:

There is settled case law on the point. In '94, Kanawha Co. Circuit Court Judge John Hey resigned in April. A local GOP party chairman sued then-Gov. Gaston Caperton (D) to try and compel a special election for the following Nov. The state Supreme Court, in Robb v. Caperton, ruled against the local party chairman and said Caperton's appointee would serve until the '96 election, when the office would have come up for election anyway.

With an election set for more than 2 years away, Manchin has the chance to pick a successor to hold Byrd's seat. It has been an open secret in the Mountineer State for years that Manchin covets a Senate seat, and his second term as the state's chief executive expires after the '12 elections -- meaning he could very likely appoint himself.

Manchin is hugely popular -- the latest survey, conducted Aug. 27-30 of last year by Mark Blankenship Enterprises, gave Manchin a 78% approval rating, 9 points higher than Byrd's -- and his candidacy would give Dems a good chance of holding a seat that, at a presidential level, has trended away from them in recent years.

Dusty posts this language, though:

(b) Except as otherwise provided in article ten of this chapter, if any vacancy occurs in a partisan office or position other than political party executive committee, which creates an unexpired term for a position which would not otherwise appear on the ballot in the general election, and the vacancy occurs after the close of candidate filing for the primary election but not later than eighty-four days before the general election, a nominee of each political party may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election. Appointments shall be filed in the same manner as provided in subsection (a) of this section, except that the filing fee shall be paid before the appointment is complete.

He then comments:

In (b), it provides for cases where the standard procedure described in 3-10-3 does not apply. Some might point to the "Except as otherwise provided in article ten of this chapter" saying this supercedes the this provision (b) and it must go through all the standard procedures of an election, but the WV Consitution makes it pretty clear the vacancy must be filled by via the next General Election, which is 2010. This 3-5-19 provision clears the way to the very reasonable, (shortest reasonable) cutoff time of 84 days prior to the next General Election.

An elected Senator for two years is much better than one appointed for 2.5 years, and isn't that the purpose for having all these provisions to get an elected official in a vacant position?

cinyc counter-points that section ten is the one about the need for the primary, etc., and is the section relied upon to resolve the previous case about a judgeship vacancy.

I don't know. I kinda want that seat contested, obviously.

digg this
posted by Ace at 04:01 PM

| Access Comments

Recent Comments
A dude in MI: "Feeling a little blue this morning, eh?  CHEE ..."

Duncan MacKochinar: "Brennan reacts out of pure emotion.  DJT gets ..."

TheQuietMan: "Russian spy offered sex for access and was praised ..."

sock_rat_eez - they are gaslighting us 24/365[/i][/u][/b][/s]: "Gem, I don't think I've ever seen one ... some adv ..."

Mary Poppins' Practically Perfect Piercing: "[I]Jeez, who let Occasional-Cortex into the room ( ..."

Vic We Have No Party: "[i]Trump says he has no confidence in Clapper, Bre ..."

TCDD, hooting hollerin, etc.: "Top 20, and hope no one is too hungover from their ..."

Lady Kristol in his motorized canoe : "I have a sore butt this morning, that damned Rick ..."

TheQuietMan: "FBI Director Christopher Wray on Wednesday defende ..."

Hikaru: "I was about to eat breakfast, but not after having ..."

Mr Aspirin Factory: "Lefties have guns, too. They're also banking on t ..."

NALNAMSAM - not as lean, not as mean, but still a Marine: "Well watta ya know. My foist first ever. It's gonn ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64