Filling Robert Byrd's Seat
With Sen. Robert Byrd's (D-WV) passing this morning, his constituents are mourning the loss of their long-time champion. Someone new will soon fill Byrd's seat, but it will be impossible to replace a man who held his seat for 51 years.
WV law gives Gov. Joe Manchin (D) the power to appoint Byrd's replacement. If a vacancy occurs within 2 and a half years of the beginning of the next term, the governor appoints a replacement until that next election. But state law says an election must be called if a vacancy occurs more than 2 and a half years before a term expires. Byrd's term would have had 2 and a half years left as of next week -- July 3.
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.
Manchin is hugely popular -- the latest survey, conducted Aug. 27-30 of last year by Mark Blankenship Enterprises, gave Manchin a 78% approval rating, 9 points higher than Byrd's -- and his candidacy would give Dems a good chance of holding a seat that, at a presidential level, has trended away from them in recent years.
GOPers, meanwhile, have been itching to get Rep. Shelley Moore Capito (R) on a statewide ballot. She is the highest-ranking GOPer in the state (All 6 statewide officials are Dems), and she's won repeatedly in the Second District, reaching from Charleston and the OH border to exurban MD and VA, even though Dems have targeted her for defeat. Byrd himself cut an ad for Capito's '08 Dem challenger, former Byrd aide Anne Barth (D). Capito won by a 57%-43% margin, better than Sen. John McCain's (R-AZ) margin in the district.
In a statement, Manchin focused on Byrd's legacy in the state, rather than any future plans. "Like all West Virginians, the news broke our hearts. Sen. Byrd was a fearless fighter for the constitution, his beloved state and its great people," Manchin said. Capito called Byrd "an icon." "Sen. Byrd's mastery of the Senate will be remembered for the ages, but those who knew him best realize his legacy will be one of love for the West Virginians he served for nearly 57 years."
It takes great personal courage to change one's mind and admit that your own personal views were for years wrong, and to do so publicly.
Most are content to pay lip service to the "politically correct" and burrow underground to continue expounding on moral wrongs.
The actions of the republican party are exclusively done because their collective noses are out of joint since a black man was elected President. Yet, if anyone in the Obama administration says so, they scream "PLAYING THE RACE CARD! PLAYING THE RACE CARD!"
The party of NO cannot find the manhood collectively to face the wrong-headedness of their actions.
At least Robert Byrd did so. By himself.
If WV Democrats try to avoid a special election, they'll marching on the capitol with pitchforks. State law requires a special election !
I agree with you, Amy! Senator Byrd was indeed an admirable man!
Amy,
What a moronic statement. 1. I could not care less if BHO was Purple, it are his policies (as socialistic as they are) that anger me. It is his inability to see that the liberal education and prejudices that have clouded his judgement and he lacks the ability to see just how wrong he was. All of the spending and throwing money to his friends/supporters screams of graft and corruption. 2. I am a member of the party of "No" Have you not learned of the saying "That which governs least governs best." We are slowly surrendering our freedoms and our futures, to a system of government that gladly take over planning our lives.
I would suggest that you secure a copy of the Constitution and draw a direct line between his policies and the authoriztion/legal support for them.
Please enjoy your freedoms as guaranteed by the US Military (Which I have had the pleasure of being a Member of since 1983)
Racism: the last refuge of a liberal who's run out of arguments.
Russ ... it is you who is moronic. For starters, Obama is no more a socialist than Bush was a fascist, which is to say, their policies only vauguely resemble the associated labels, and then, only in comparison to the other's policies (there is no such thing as a socialist-facist, despite what Glenn Beck says). Moreover, where was all your outrage for the previous 8 years when the out-of-control spending was setting us on a calamitous path. Second, yes, we HAVE learned "that which governs least governs best" is simply a falsehood. The lack of governance over the fossil fuels industry has led to mining and drilling disasters; the lack of oversight in the financial sector led to a catastrophe nearly the magnitude of the Great Depression, averted only by policies of an "activist government." In other words, when faced with lassiez-faire governance and its disastrous consequences and interventionist gvt, the free-markerters (thankfully) blinked and intervened. As for your military service, thank you for that; however, that does not exempt you from fact-based reasoning. There are plenty of service members who would strongly disagree with you.
Socialism - the last refuge of a conservative who's run out of arguments.
All over the web, at every site dealing with Byrd's death, there are right wing hacks and troglodytes spewing venom and hate. They are absolute assholes, for instance, Russ Stringer, who cannot wait even one day after the death of the second lion of the Senate to go once again on a rage against Obama. As if Mr. Stringer is the one person in the known universe who knows diddly squat about the constitition. And is not smart enough to see that alone his right to spew such stupidity right her pretty much destroys his one argument. Sigh.
I personally have had it with the acrimony, but since I have now seen it at levels I never thought possible, just wait until the next republican president, maybe in 2020 or 2024. Just wait. I will be ready.
Goodbye Robert Byrd. There are still decent americans who have enough respect and common sense to know that there is a time to mourn and a time to fight.
Hardyboy:
Just curious, can you direct me to the WV statute that says a special election is required?
Russ you are RIGHT ON. these liberal whackos want a free lunch. obama is a con artist who makes madoff look like a chump. get a gun to protect your assets
To Russ Stringer...
Obama is as far from a socialist as one can get and not be caled a fascist.
If Obama can be accused of being a socialist it would be socialism for the wealthy as in bailing out the banks or a giveaway to the insurance and pharmasceutical industries disguised as healthcare reform while the rest of us suffer the worst aspects capitalism has to offer.
Sorry, Obama is a snails tail away from being a fascist as he does the bidding for corporate America. Heck, if he had an R insrtead of a D after his name you would love him.
And BTW, just where was the party of No when the previous administration was spending money we did not have?
To Russ Stringer...
Obama is as far from a socialist as one can get and not be caled a fascist.
If Obama can be accused of being a socialist it would be socialism for the wealthy as in bailing out the banks or a giveaway to the insurance and pharmasceutical industries disguised as healthcare reform while the rest of us suffer the worst unregulated capitalism has to offer.
Sorry, Obama is a snails tail away from being a fascist as he does the bidding for corporate America. Heck, if he had an R insrtead of a D after his name you would love him.
And BTW, just where was the party of No when the previous administration was spending money we did not have?
For Russ Stringer:
Ho, ho, ho, we are the party of NO
We lie and steal and lute the place
and fill our pockets with gold.
May God be with the honorable Senator Byrd and his family. However, I would suggest the only reason for Byrd to keep a copy of the United States Constitution in his breast pocket would be to allow for easy access when he wanted to spit on it!
Amy's broad brush of racism on the Republican party is so clearly bigoted it is laughable. She trying to say that the Republican Party is racist because it opposes Obama's Marxism is as bad as saying Democrats hate West Virginians because they want to enact cap and trade legislation that will "necessarily cause energy prices to skyrocket" (quoting then Senator Obama).
Come on Amy stop hating West Virginians just because they mine coal. (Doesnt that sound ignorant?)
Another racist Democrat bites the dust. Lordy oh Lord, there really must be a God...
Sorry about Byrd's death for his family only. Now the CSPA, The Communist Socialist Party of America must try to find a way to steal another election as in Minnesota and Washington, or face yet another chink in their Kenyan coat of armor. Stop the worst example of illegal immigration, send Obama back to help his cousin run his native Kenya. The ignorance of liberals as in the CCCLLS party of democrats, Cowards, Communists, Cheaters, Liars, Liberals, and Socialists is truly revolting. They use terms as the party of no, racists, etc to describe republicans only because they are morally bankrupt of decency and ideas.
Wow. Drstrangelove said something amazing, even for a liberal. There are no socialist/fascists? What was the "Nationalsozialistishe Deutche Arbeiterpartei" Doc? That would be National Socialist German Workers Party. They provided national education, health care, social security, to the working people of Germany. They also took over the banking, stock exchange, and auto industry of Germany in the name of the poor and oppressed. Oh yeah, they had some odd racial ideologies too.
Socialism IS facism Doc. Check out Benito Mussolini's Italy of the 20's and 30's. The "New Republic" and NYT sang the praises of his workers utopia. Didn't work out so well either.
Please name ONE regulation repealed under Bush that led to the disasters under Obama you named. After the Sago mine explosion hundreds of new regs were passed on the industry. Some of those regs may have led to changes at Upper big Branch and caused the deaths of 29 miners. So much for the "genius" of government. Meanwhile, Congress mulls over financial "reform" that will drive small banks out of business, while the biggest five Wall St. banks will make millions. Why do the biggest five support the "reform' Doc if they are going to be regulated into line? Because they will profit from the govtlargesse provided by sheep like drstrangelove
Senator Byrd was downright embarrassing in the latter years of his life as well as being one of the most pork-laden politicians the last few decades. This man should have quit years ago and instead he drooled over himself and yelled incoherent drivel on the Senate floor.
The fact that liberals on this board can applaud this man's body of work, namely KKK and robbing the taxpayers, really shows how disturbingly twisted your logic really is.
Liberals deserve to be ridiculed for being so selfish. You have NO moral code -- Morals = whatever I feel benefits me in this moment or makes me feel better about myself. The pure definition of the hippy de-generation that has bankrupted this country.
drstrangelove,
Why do you call me "Moronic"? I never said that Amy was a Moron, I called her statement Moronic.... I do not reduce my arguements to name calling as you have. If you have to call me names, then you have lost. You have my pity. I would prefer a debate of the facts than reduce my self to "Nanny, Nanny, Boo, Boo"... So, Fannie Mae, and Freddie Mac had nothing to do with the financial Meltdown, and CRA (Community Reinvestment Act) had no impact on someone receiving a loan that could not pay it back (Yes Personal responsiblity is what made the United States of America great)So, if you wish to have a fact based discussion bring it on. (Oh, BTW I have no problem spending money when it comes to defending our freedoms, I have a problem giving money to friends, and people who do not produce (thus by definition a parasite)) Please give me an example of a Nation that has succeeded in taxing itself into prosperity. (or for that matter spent itself into prosperity) Oh, and I respectfully disagree with your opinion on the number of Military members that agree with you, I would suggest you take a look at independent polling that has occured, you will find that we do not trust the current administration.
Will Fields,
I must disagree with your statement that if he had an (R) after his name, I would love him... 1st, how could you say that, you don't even know me or my brand of Conservatism. For the Record, I am an originalist. That means that the Constitution is not a "Living Document" to be interpreted one way this year and another in a decade. I also am a firm believer in the 10th Amendment (Look it up sometime, you will see that the Federal Government has overstepped it's bounds many times). I Believe that the Federal Government needs to take care of the 16 responsibilities that were given to it in the constitution and let the States take care of the rest. A bloated federal government does nothing to improve the livelyhood of anyone. BTW, Who writes budgets (Answer: House of Representatives) Who has controlled the house since January 2007? (Answer: The Democrats)When did really big deficits start? (Answer: You get the picture).....
Giopaps,
Oh, let's see where to start with your "Poem".... Yes, I am proud to seek out profit to improve my position in life, the fact that you feel that the only way to do that is through the government taking my money (At the point of a gun) and giving it to you then you to have my pity. I would encourage you to seek to better your life and give to those less fortunate voluntarily (yes I give of my time and my money, how about you?)
bonncaruso,
If you would take the time to notice, you would see that I did not use this event as a chance to go on a screed about Mr. Obama, I was responding to your fellow Democrat who used this as a sounding block to go off on Conservatives (Republicans). I was only responding to an attack on my position. Again, if you are reduced to calling me names, it is because you have run out of logic and your arguement then falls on deaf ears. If you want to change my mind, use facts not profanity. As far as the level of bitterness that exists in this country, I would suggest that you have no sense of history. The left HATED Ronald Reagan with a passion. I would suggest that you need to join the Army (or Marines) and visit some of the "Crapholes" of this world that I was called upon to defend Freedom (Yes, I view it as that), then you would have a right to call me profane names until then, I suggest you crawl back behind your anonomous cloak of the internet and troll some more. Be careful when you drink the Koolaid. So, you believe that the Next Republican President will be elected in 2020 or 2024, what evidence can you point to that says that Mr. Obama will be reelected in 2012, much less the Democratic Party's other potential canidates? I would suggest that you have another Jimmy Carter on your ticket. What you are suggesting is that Mr. Obama will win in 2012, another canidate will win in 2016 and perhaps another in 2020....(or are you saying that we will do away with term limits and just keep reelecting Mr. Obama?, or just suspend that portion of the Constitution?) A year is a long time in politics, to attempt to predict 12 years is folly. His trajectory in the polls (along with that of his party suggests that 2010 will be a horrible year for the Democrats, we will see come the 2nd of November.
At least Will Fields had the courage to sign his name... There is hope for some liberals yet.....
Well, if the State has been in a Dem stranglehold for decades, guess there will not be a special election. Time to make a change in the laws, WVA. You are giving up your freedom of choice by limiting your own involvment in your States' governance.
If Byrd was so great why is WV still ranked as one of the poorest and least healthy states in the union? The man very rarely even visited the state, he lived in VA and just owned a piece of property in WV so he could continue as senator.
It's difficult to believe that the good people of W VA would allow this honorable senator's seat to go vacant until 2012? \
Meanwhile this will be another opportunity for the now dissheveled and certainly misguided Republican party, with all of its in-fighting and silly Tea Party affiliations, to further disrupt American government.