The dem gov will appoint a replacement for 2 years. Just another unelected dem senator ruining our lives.......
Is this 6 or 7 unelected democrap senators now?
I'm not sure about that. From the web site of the West Virginia Legislature web site:
§3-10-3. Vacancies in offices of state officials, United States senators and judges. Any vacancy occurring in the office of secretary of state, auditor, treasurer, attorney general, commissioner of agriculture, United States senator, judge of the supreme court of appeals or in any office created or made elective to be filled by the voters of the entire state, judge of a circuit court or judge of a family court 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. If the election is to fill a vacancy in the office of judge of a circuit court or judge of a family court, the proclamation 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 such publication is each county in the judicial or family court circuit."
July 3rd would be 2 yrs, 6 months until Byrd's term expired. His death having occured before that date seems to mandate a new election in November.
Anyone with special knowledge of WV election law care to clear this up?
Radio segment I heard said if he would have died on or after July 1, then it would have been a 2 year appointment. Now there has to be a election to finnish out the 2 year term.
1) Timing is important. 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.
So, now, in one last grand gesture of Men-Over-Law, the Donks are going to conspire to have this seat not declared vacant until after July 3, after a suitable period of morning, and all that...