Posted on 07/16/2010 8:07:30 AM PDT by a fool in paradise
Gov. Joe Manchin is tapping his former chief counsel and a member of a prominent West Virginia family, Carte Goodwin, to succeed the late U.S. Sen. Robert C. Byrd, Democratic officials told The Associated Press on Friday.
Three officials familiar with the governor's pick spoke to The Associated Press on condition of anonymity because they were not authorized to comment ahead of an official announcement.
...The 36-year-old Goodwin, a Charleston lawyer, would hold the seat until November. That's when the governor wants general election voters to decide who will serve the final two years of Byrd's term. The Legislature has begun a special session to consider a proposal from Manchin to allow for a fall vote...
(Excerpt) Read more at news.yahoo.com ...
Can someone fill me in on what West Virginia law says on this matter? Are the Rats stealing a seat in the Senate one more time?
I’d heard that if it was less than half of the term, it was one thing, and more than half a term it was another.
And Byrd died like 4 days short of a half term.
The Governor can appoint or there can be a special election. So why are West Virginians being exposed to BOTH?
My understanding is that since it was less than half a term, it goes to a vote. And yet the Governor is selecting a “temporary” replacement.
Is this legal?
State law dictates. But most states, including West Virginia, provide for an appointment by the Governor to fill the expired term or until a special election is called, whichever comes first. Perfectly legal and the Governor is selecting someone who has no doubt pledged not to run in November. That clears the way for Manchin to run for the seat, which he will win.
Conservatives and/or Republicans have to fight like mad and actually ELECT a replacement according to the rules, and then we get stuck with RINOS. (Scott Brown)
Life sucks, then the Obamacare's Death Panels finish you off...
A couple of weeks ago the Governor was saying that he would be generous and let the people vote on the replacement.
As if he had a choice.
Jeffords made a deal with the Democrats in which he agreed to vote with them on all procedural matters except with permission of the whip, which would be rarely asked and rarely granted, in exchange for the committee seats that would have been available to Jeffords had he been a Democrat during his entire Senate tenure. He was free to vote as he pleased on policy matters, but more often than not voted with the Democrats.The independent status of Jeffords changed the Senate composition from 50-50 (with a Republican Vice President, Dick Cheney, serving as President of the Senate to break tie votes) to 49 Republicans, 50 Democrats, and one independent. Jeffords promised to vote for Democratic control after being promised a committee chairmanship by Democratic Leader Tom Daschle. He then handed his chairmanship of the Health, Education, Labor, and Pensions Committee, which he had held since 1997, to Ted Kennedy (D-MA) and was given the chairmanship of the Senate Environment and Public Works Committee, which would have been occupied by ranking minority member Harry Reid. Jeffords held this committee chair until the Democrats lost control of the Senate in 2003 following Congressional elections in 2002.
I've been bringing all of this to the attention of my youngish adult children, so that they can learn the difference between the left and us. Hopefully, it will factor into their voting patterns...
That's close enough to the minimum (30) that the people of West Virgina should have a peek at his birth certificate.
Just to be certain you understand. :)
The 36-year-old Goodwin, a Charleston lawyer, would hold the seat until November.
I would think a 2010 election favors the Republicans.
There probably isn’t a regularly scheduled statewide election in 2011. Failure to schedule an election would delay it until 2012. An appointed senator with 2+ years of experience is more likely to be reelected than one that has only a few months.
I don’t see why the governor gets to appoint anyone for any period given my understanding of the WV law. He certainly wouldn’t get to appoint someone until 2012 (Byrd’s term was not half over yet).
§3-10-3. Vacancies in offices of state officials, United States senators and judges.
Any vacancy occurring in the office of...United States senator...is filled by the governor of the state by appointment. If the unexpired term of a judge of the supreme court of appeals, a judge of the circuit court or judge of a family court is for less than two years or if the unexpired term of any other office named in this section is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term of any office is for a longer period than above specified, 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. Proclamation of any election to fill an unexpired term is made by the governor of the state and, in the case of an office to be filled by the voters of the entire state, must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state.
Byrd died June 28. His term ends January 3, 2013 -- a period of more than 2 years and six months. Unfortunately I couldn't find Article 3, chapter 59, but it seems reasonable that it would have to be scheduled along with another statewide election. However the primary was May 11. So it would appear the next regularly scheduled statewide election would be 2012. However it would also appear that the law as currently written calls for two elections: one to fill the unexpired term (November 2012 - January 3, 2013) and one to fill the full term (January 3, 2013 - January 3, 2019).
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