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BrentWil Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:28 PM
Original message
West Virginia GOP may sue to force special election
Source: The Hill

The executive director of West Virginia's Republican Party said Monday afternoon that the party is "examining its legal options" after it was announced that there will be no special election this year to fill the seat of Sen. Robert Byrd (D), who passed away early Monday morning.

"I don't think anything unexpected happened here," Troy Berman told The Ballot Box. "But we're examining all of our legal options and we'll make a decision on how to proceed in the next few days."

The decision from the West Virginia secretary of state's office is that two separate elections will be on the November 2012 ballot for Byrd's seat. One would fill the remaining few weeks of Byrd's term, and the other would fill the seat for a full six-year term. A spokesman for the office also said that a candidate may run in both of those elections simultaneously.

Read more: http://thehill.com/blogs/ballot-box/senate-races/105993...



I don't think this is over yet.
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:35 PM
Response to Original message
1. I don't understand why the election to fill the seat for the
remaining few weeks of Byrds seat? If it turns out that the Governor appoits someone to fill his seat now, why wouldn't that same person just continue until the new congress convenes in Jan. 2013?
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:08 PM
Response to Reply #1
12. Because....
The WV law states there has to be a special election to pick someone to fill that time period, and November 2012 is when the special election has to be held due to it being too late to get anyone on the ballot this year.
Perhaps the law is not a very good one, but it is a law.

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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:34 PM
Response to Reply #12
16. OH! I see. I read about the law yesterday on DU, but
that post said something about if Byrd lived another 5 days, the time would have expired fir mandating a special election & the Gov. can just appoint someone. It didn't say anything about having missed the opportunity to put someone on the ballot this year.

I bet the Pubbies are searcing long & hard to find some way to mandate that SE in 2010!
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:36 PM
Response to Original message
2. Why are there not clear rules on this?
Why is legal action even being considered? Is this the very first time a WV senator died while in office?

I'll never understand state rules for COMMON and OBVIOUS successions in cases like this.
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glinda Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:40 PM
Response to Reply #2
3. They just want the seat at tax-payers' cost. Asses.
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Yupster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 10:21 AM
Response to Reply #2
23. I think Byrd and Rockefeller have both been senators
since West Virginia became a state in 1864.
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Art_from_Ark Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-02-10 12:19 AM
Response to Reply #23
30. Make that 1863
June 20, 1863, to be exact
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Bozita Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:40 PM
Response to Original message
4. Trial lawyers? The WV GOP is gonna hire TRIAL LAWYERS?
Edited on Mon Jun-28-10 10:41 PM by Bozita
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donquijoterocket Donating Member (357 posts) Send PM | Profile | Ignore Tue Jun-29-10 10:33 AM
Response to Reply #4
24. only when they need them
As in cases like this or when someone like BP or Exxon mobil is looking to screw someone they've damaged, then they're a necessary evil and not the devil's representative here on Earth. The wingnuts and repcons are very flexible that way.
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Hansel Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-01-10 02:10 PM
Response to Reply #4
27. Trial lawyers are for protecting those with power and money
from mere peasants.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:45 PM
Response to Original message
5. Apparantly, there's a WV Supreme Court case directly on point
so good luck with that....

(They actually do have "the moral high ground" -just not the law- on their side).
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BrentWil Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:50 PM
Response to Reply #5
6. We are fighting to have an unelected Senator serve for 2 1/2 years NT
Edited on Mon Jun-28-10 10:50 PM by BrentWil
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notesdev Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:57 PM
Response to Reply #6
8. It is here we will see the difference
between a democrat and a Democrat. Is allowing the people to choose their own representatives important enough to risk the seat slipping away from the party? Stay tuned...
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BrentWil Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:02 PM
Response to Reply #8
10. It is clear the position of the party. The WV party structure is going to fight to not have an
election. The only way it happens is if the GOP wins in court. But the party has already made its decision.
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-01-10 02:48 PM
Response to Reply #6
28. Actually, it's the repukes who are fighting
to use someone's death to snatch up another Senate seat like they did in Mass. :eyes:
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:53 PM
Response to Original message
7. Boy if those republicans think they have a chance
to get to those crooked electronic voting machines and pad the vote they are all for it aren't they.

Some legal mind in WVA said the governor appoints a successor til the 2012 election. And then they vote for the candidate to fill the seat. What is more simpler than that. Or do republicans have to have classes in instructions of the laws of their state.

I think what is really at stake here is they don't want the seat filled right away because they know a Democrat will get it. And they want to hold up giving the Democrats any more votes to pass any bills. They think they can stall the filling of the seat. And aren't the republicans the ones who raised holy hell to get Scott Brown to his seat in the senate as soon as possible. AND THEY WERE GOING TO GO TO COURT OVER THAT IF IT WAS HURRIED THRU.
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BrentWil Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:58 PM
Response to Reply #7
9. No offense, but it is clear politics on OUR side. I want to hold on to the seat, but we are doing
it by having an unelected Senator serve for 2 1/2 years based on a ambiguous law.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:06 PM
Response to Reply #9
11. You must have missed the point- a WV Supreme court case upholds the Democrats' reasoning here
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BrentWil Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:12 PM
Response to Reply #11
13. Maybe. I haven't read it and I can not (and I bet you can't either) speak to the legal reasoning
behind the case. However, it is something that will be decided in court.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:48 PM
Response to Reply #13
18. The reasoning is that the filing deadline has long since passed
Edited on Mon Jun-28-10 11:48 PM by depakid
and that matter has already been decided in a previous case (stare decisis)
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 08:58 AM
Response to Reply #11
22. There's a difference between legal positioning and fact.

Don't assume that just because someone claims a precedent... that the precedent actually exists.

The WVSC case merely reinforced that you can't get into an election after the filing deadline.

Nothing says that the state's existing schedule of primaries and elections must remain in concrete. As I read it, the law requires the state to schedule an election with its own primaries and filing deadlines.

The <b>principle</b> of the law is clear. The people have the right to elect their own representatives if there is enough time to do so... the Gov appoints their representative if there isn't enough time for an election. <b>And the law states what period of time differentiates between "enough time" and "not enough time."</b>


The current party position assumes that those who wrote the laws were idiots. That they intended for the people to wait 2+ years to elect someone to sit for five weeks.
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:14 PM
Response to Reply #9
14. But the law states...
that the Governor shall appoint the replacement.
The only thing in question is the date of the special election, and it is too late (according to the law) to get anyone on the ballot for a special election this year. So, the next special election would be November 2012.

Many states allow the Governor of the state to 'appoint' an unelected Senator to serve out a term due to death or resignation, so there's nothing new here.

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tabasco Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-01-10 09:40 AM
Response to Reply #9
26. There is no ambiguous law in this case.
Why are you a liar?
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-12-10 03:33 PM
Response to Reply #26
31. You owe the poster an apology
There is clear ambiguity in the law (as the Gov now agrees)...

Regardless, there was no reason to call someone a liar for supporting democratic principles.
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sofa king Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-01-10 02:49 PM
Response to Reply #9
29. If it helps....
I believe that most states have even broader laws that require the governor to appoint a successor if more than half the term has been served--which Byrd did. Most states seek to minimize the chances of having to hold a special election, because they are usually very expensive and almost always have even poorer than normal turnout.

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earcandle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:31 PM
Response to Original message
15. Fill his seat! How rude, not to?
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:38 PM
Response to Original message
17. The wingers can now take any issue they want to the courts
and eventually will find a corrupt judge/court to give them what they want. The US courts are so packed with corrupt GOP appointees that there is no justice to be had for Dems at all any more.
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Democat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 01:52 AM
Response to Reply #17
19. Should I say it? Sure, I will.
Thanks Ralph Nader!
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 07:24 AM
Response to Original message
20. Byrd said it was a sin for a man to fill another's seat. n/t
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ElsewheresDaughter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 08:19 AM
Response to Original message
21. That's what they did in Mass with Teds seat.
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-30-10 08:15 PM
Response to Original message
25. Looks like Illinois will have to deal with a 'two election' issue too this year
Edited on Wed Jun-30-10 08:20 PM by Tx4obama
Excerpt:

As if there hasnt been enough drama surrounding the Senate seat once held by President Barack Obama, heres some more: According to a recent federal court ruling, Illinois might have to hold two Senate elections on Nov. 2 so that an elected senator, rather than appointed Democratic Sen. Roland Burris, can fill the seat.

In an under-the-radar June 16 ruling, a federal appeals court ruled that the 17th Amendment requires that the state hold a special election to elect a senator to represent the state until the end of the 111th Congress.

Its still in litigation Illinois Attorney General Lisa Madigan has filed a motion to reconsider with the appellate court, and District Judge John Grady will hold a July 21 hearing to consider any new rulings and figure out how to proceed.

But absent any changes, the 7th Circuit Court of Appeals told Democratic Gov. Pat Quinn to call for an election that, by law, must be held Nov. 2.

Full article here: http://www.politico.com/news/stories/0610/39255.html
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