It's even crazier. They are going to hold two simultaneous elections, for the same seat. It's nuts.
"But that election will not be the 2010 General election. Part of this same section of code, requires the candidate to have filed during the filing period. That filing period has already passed. There was a legal case in 1994 decided by the West Virginia Supreme Court of Appeals that up held that position of requiring candidates to file during the filing period."That means the election for the unexpired term would be the next election cycle which would take place in 2012. Candidates will be nominated in the primary and elected in the general of 2012.
"That brings up an interesting situation. Because Senator Byrd's seat would have been up for re-election in 2012, both the position for the unexpired term and full term will be on the ballot at the same time but are separate races. In fact it will be two separate elections. With the unexpired race being a special election because it would otherwise not have been on the ballot.
"The winner of the unexpired term would serve out the final five weeks or so until the new term of Congress starts in January of 2013. Had Senator Byrd's term not run out in 2012 there would not have been this unique situation. It would have just been for the unexpired term.
New Jersey: Democrats argue that Robert Torricelli, who stepped aside because he was losing in the polls, be allowed to be replaced in the final weeks with someone with more of a chance to win, in the name of giving the voters a competitive election. The courts agree.
Hawaii: Democrats argue that deceased House incumbant Patsy Mink be allowed to remain on the ballot despite having died, because she has name recognition for voters who want to still vote Democrat. A vote for Mink will be a vote for her ballot replacement. The courts agree.
Missouri: Democrats argue that the deceased Senate candidate Mel Carnahan be allowed to remain on the ballot, and that a vote for him is a vote for the Governor to appoint a successor (his wife), should his name win. The courts agree.
Massachusetts: Democrats argue that the Governor should be allowed to appoint an interim Senator to fill the seat vacated by the deceased Ted Kennedy, despite the law that leaves the seat vacant until a special election. The courts agree.
-PJ