[Genoa]

OK, I'm confused. On another thread, the text of the law seemed to indicate that the effective date would be the date the vacancy occurred, not the date the replacement was named. So, since Byrd died before July 3, there would have to be an early election. Several comments indicated this was the proper interpretation.

[SoFloFreeper]

I believe the law says when a vacancy is “declared”, not when the vacancy actually occurs.

Yes, the vacancy OCCURED earlier this week, but Manchin is soooo busy trying to comfort the widow Byrd, he won’t get around to actually DECLARING the vacancy until after the July 3 date.

If I’m wrong, someone correct me—but I believe that is the version the ‘rats are using to avoid an election in November.

They suck.

[KarlInOhio]

That's the way I interpreted it. The date the seat is vacant (considering all the Weekend at Bernie's tricks the Dems can do to determine if the seat is vacant) determines whether a special election is needed. I did hear that they might be able to "just miss" the date they need to hit to have a special election in November 2010, and then (for some reason I haven't discovered) the next time they could have a special election is November 2012 for the last few days of the term instead of having an election in 2011 or early 2012.

I haven't figured out how that works because Ohio usually has scheduled elections every November and May (or maybe March in presidential election years to get the primary in early) of every year, along with occasional special elections (usually to sneak through a school tax levy) in August. It doesn't take two years to find a normally scheduled election or even schedule a special election.

[Eroteme]

On another thread, the text of the law seemed to indicate that the effective date would be the date the vacancy occurred, not the date the replacement was named. So, since Byrd died before July 3, there would have to be an early election.

That would be the plain, common sense interpretation of the law by all reasonable standards. The dems, however, do not feel constrained by reason or common sense. They will, like the Red Queen, define the law to say whatever they want it to mean. The only issue now is if Republicans will let them get away with it.

[Publius Valerius]

Per the National Journal, here’s how it works:

The governor appoints a successor, but because there is more than 2 1/2 years remaining on the term, there must be a special election. The governor’s appointment is only valid until the special election.

But WV law requires that any candidates for the special election be chosen in a primary election. WV’s primary occurred in May. The next primary election is in 2012. Thus, in November 2012, there will be two elections: a general election for the six year term, and a special election to fill the last few weeks of Byrd’s term.

http://hotlineoncall.nationaljournal.com/archives/2010/06/filling_robert.php