Replacing Robert Byrd

[cinyc]

The AG's opinion makes absolutely no sense.  The 17th Amendment doesn't change the meaning of an 80-year-old law that has already been adjudicated.  The WV Supreme Court of Appeals decision should stand unless reversed - and the WV Supreme Court of Appeals looked at various state statutes for replacing Senators in the Robb case, IIRC.

[Torie]

The AG's opinion makes absolutely no sense.  The 17th Amendment doesn't change the meaning of an 80-year-old law that has already been adjudicated.  The WV Supreme Court of Appeals decision should stand unless reversed - and the WV Supreme Court of Appeals looked at various state statutes for replacing Senators in the Robb case, IIRC.

Yes, I agree, but the buzz is that the law will be changed in the special session to circumvent and moot any exposure that the AG has no clothes.

[Ronnie]

Oh yeah, the AG says Manchin can call a special election. What a shock.

http://blogs.cqpolitics.com/eyeon2010/2010/07/west-virginia-ag-says-governor.html

Yuck!

[MASHED POTATOES. VOTE!]

The SoS, who ruled that an appointed replacement will serve in 2.5 years, called on the legislature to change the laws so that there's a special in 2010.

Manchin is in complete control of this, as his power, I believe, is needed to call a special legislative session to change the laws here, as they are in recess. 

What's bizarre is that Manchin frequently mentions his wife as a possible replacement for Byrd.  It's like, dude, I know there's a tradition of widows replacing their husbands, but appointing your own wife?  Seems the backlash one would fear for appointing yourself would apply similarly to appointing your wife, especially as you'd have to essentially own any of her gaffes etc.

http://en.wikipedia.org/wiki/Dixie_Bibb_Graves

http://en.wikipedia.org/wiki/Elaine_S._Edwards

[Kevinstat]

The AG's opinion makes absolutely no sense.  The 17th Amendment doesn't change the meaning of an 80-year-old law that has already been adjudicated.  The WV Supreme Court of Appeals decision should stand unless reversed - and the WV Supreme Court of Appeals looked at various state statutes for replacing Senators in the Robb case, IIRC.

Oh yeah, the AG says Manchin can call a special election. What a shock.

http://blogs.cqpolitics.com/eyeon2010/2010/07/west-virginia-ag-says-governor.html

Yuck!

Why (other than it not seeming to be legally correct) are Atlas Republicans upset about the AG's opinion.  I thought Republicans wanted a special election before 2012, so shouldn't they be happy that there can be one if Manchin wants there to be one, which it seems he does

[Lunar]

Originally, I thought every sane Republican would want a 2010 election with Capito running, but now with her sending mixed signals, and Manchin looking strong [and possibly opening up the option for Capito to run for governor in 2012], I can't help but wonder if Republicans would rather have Manchin appoint a seatwarmer for two and a half years [to their "strong objections" of course] and run a candidate in 2012 when Obama is at the top of the ticket, all the while accusing Manchin of cronyism for waiting until 2012 to run in the first place.

[cinyc]

The AG's opinion makes absolutely no sense.  The 17th Amendment doesn't change the meaning of an 80-year-old law that has already been adjudicated.  The WV Supreme Court of Appeals decision should stand unless reversed - and the WV Supreme Court of Appeals looked at various state statutes for replacing Senators in the Robb case, IIRC.

Oh yeah, the AG says Manchin can call a special election. What a shock.

http://blogs.cqpolitics.com/eyeon2010/2010/07/west-virginia-ag-says-governor.html

Yuck!

Why (other than it not seeming to be legally correct) are Atlas Republicans upset about the AG's opinion.  I thought Republicans wanted a special election before 2012, so shouldn't they be happy that there can be one if Manchin wants there to be one, which it seems he does

Because the AG's opinion is not legally correct and poorly reasoned.  I want a special election, but only if its permitted under the law.  Although I'm not a fan of changing the law after a vacancy occurs, it is legal.  The legislature should change the law if they want an earlier special election.

[Lunar]

What's happening over here Cinyc?  I thought that the governor sort of controlled the keys to calling a special session [cuz' it's summer] to rewrite the special election laws, but is he actually talking about changing the laws here unilaterally?  I'm not sure if I understand the AG's posish here

Is this all gonna be kind of tossed together from the executive level without any legislative input? I'm not sure what the West Virginia legislature is like, but it can't be worse than the New York one [which exists in an alternate universe]. 

[cinyc]

What's happening over here Cinyc?  I thought that the governor sort of controlled the keys to calling a special session [cuz' it's summer] to rewrite the special election laws, but is he actually talking about changing the laws here unilaterally?  I'm not sure if I understand the AG's posish here

Is this all gonna be kind of tossed together from the executive level without any legislative input? I'm not sure what the West Virginia legislature is like, but it can't be worse than the New York one [which exists in an alternate universe]. 

The AG's opinion appears to allow the Governor to unilaterally decide filing deadlines and the like - which seems to have little support in the actual statute, but whatever.

The Governor could call the legislature into special session to pass a new law, but it's certainly cheaper and quicker to keep the elected folks out of Charleston if the governor can just make up election rules unilaterally.

[Lunar]

What's happening over here Cinyc?  I thought that the governor sort of controlled the keys to calling a special session [cuz' it's summer] to rewrite the special election laws, but is he actually talking about changing the laws here unilaterally?  I'm not sure if I understand the AG's posish here

Is this all gonna be kind of tossed together from the executive level without any legislative input? I'm not sure what the West Virginia legislature is like, but it can't be worse than the New York one [which exists in an alternate universe].  

The AG's opinion appears to allow the Governor to unilaterally decide filing deadlines and the like - which seems to have little support in the actual statute, but whatever.

The Governor could call the legislature into special session to pass a new law, but it's certainly cheaper and quicker to keep the elected folks out of Charleston if the governor can just make up election rules unilaterally.

But it would seem to be in Manchin's favor to let the progress drag on as long as possible?

The less oxygen he allows for Capito & others, the more name recognition carries him to victory

[cinyc]

But it would seem to be in Manchin's favor to let the progress drag on as long as possible?

The less oxygen he allows for Capito & others, the more name recognition carries him to victory

I doubt it really matters much.  During the summer, very few voters pay much attention to politics until after Labor Day, anyway (which is why I don't get those states with August primaries).

[Mr. Morden]

Manchin says he'll announce on Monday whether or not he's going to run for the seat himself:

link

[cinyc]

Manchin says he'll announce on Monday whether or not he's going to run for the seat himself:

link

Manchin's legal counsel proposes to do the right thing - call a special session of the legislature, change the law and remove all doubt.

[Grumpier Than Uncle Joe]

The AG's opinion makes absolutely no sense.  The 17th Amendment doesn't change the meaning of an 80-year-old law that has already been adjudicated.  The WV Supreme Court of Appeals decision should stand unless reversed - and the WV Supreme Court of Appeals looked at various state statutes for replacing Senators in the Robb case, IIRC.

I wonder which grumpy old man said that Manchin's referral to AG was only done because he knew the outcome in advance?

[rbt48]

Sounds like a special election is in the works, as Manchin is calling the state legislature into a special session.  He must be planning to run for the seat.
http://blogs.cqpolitics.com/eyeon2010/2010/07/capito-on-senate-run-not-scare.html

[Small Business Owner of Any Repute]

Looks like Manchin has declared, but the rules adopted allow for Capito to seek the U.S. Senate without giving up her House race. This could be exciting after all.

[hcallega]

West Virginia Joe Manchin is officially in the race to replace Senator Robert Byrd.

[JohnnyLongtorso]

The filing deadline is Friday. Not much time to decide.

[Kevin]

West Virginia Joe Manchin is officially in the race to replace Senator Robert Byrd.

Yeah and Capito is likely to announce soon also

[Franzl]

Shocking!