Looks like the process is more than murky regarding the appointment and special election requirements:
But a special election is unlikely. State law says Manchin’s appointment will be valid “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.”
The WV primary took place May 11, making it unlikely that a special election will take place this year. And odd-year elections, used in many states to pick local officials, are a rarity in WV. In recent years, voters went to the polls only in ’05, when they voted on a constitutional amendment. No elections were held in ’07, ’03 or ’01.
Because the primary has already occured, the next opportunity to “timely file” will be Jan. ’12 — when Byrd’s seat would have come open anyway. A primary would follow in May, with a special election to be held in concurrence with a general election later that year.
There is settled case law on the point. In ’94, Kanawha Co. Circuit Court Judge John Hey resigned in April. A local GOP party chairman sued then-Gov. Gaston Caperton (D) to try and compel a special election for the following Nov. The state Supreme Court, in Robb v. Caperton, ruled against the local party chairman and said Caperton’s appointee would serve until the ’96 election, when the office would have come up for election anyway.
With an election set for more than 2 years away, Manchin has the chance to pick a successor to hold Byrd’s seat. It has been an open secret in the Mountineer State for years that Manchin covets a Senate seat, and his second term as the state’s chief executive expires after the ’12 elections — meaning he could very likely appoint himself.
Hotlineoncall
Not to appear heartless, but I recall his being wheeled in for the dreaded Obamacare vote. He, who had the very best in Healthcare would have us have otherwise.
Now the Obama agenda may be on hold, with a chance of a pickup of a Senate seat. The financial reform bill may go down without the 60 vote requirement. Scott Brown is now “iffy” at best.
He is the longest-serving member of the US Senate in its history. West Virginia has some interesting state laws on appointing replacements if a member dies in office or resigns. If the vacancy happens within 2 1/2 years of the end of the term (January 3, 2013) the governor (a Democrat, btw) names the replacement who serves out the term. If the vacancy happens outside of 2 1/2 years, then the governor names a temporary replacement and there is a special election.
The deadline for it being 2 1/2 years is July 3rd, 6 days away. Byrd was 6 days away from the point where no special election will have to take place. I’m pretty sure the Dems don’t want another seat up for grabs in November.