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 ...
I hope Gov. Manchin takes his time. :)
He’s gonna wait for the bids to start rollin in.
It’s RE on line 1!
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
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?
That's mighty "white" of him.
I wonder what precisely is involved in the Governor declaring the seat vacant?
Joe “Sending you to hell, from Almost Heaven, West Virginia” Manchin
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.
NEWS FLASH from Chicago...Rod BLAGO is moving to WV and has submitted his name.
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.
Bryd had that; plus a few days.
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.
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”.
Considering “Cap & Tax Energy” will be voted on soon, would Bowman support this anti-coal bill?
“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 Byrds 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.
Bet on Manchin or Mollohan.
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