Senator Byrd is Ill; A Note on West Virginia's Vacancy Laws

[tekisui]

Source: FiveThirtyEight

The 92-year-old Senator Robert Byrd, the longest-serving senator in United States history, is seriously ill, according to his office.

Byrd has been hospitalized three times since 2009. If he were not to recover this time, or he decided to resign his office, his replacement would be named by West Virginia Governor Joe Manchin, a Democrat.

Byrd's current term expires on January 3, 2013. Under West Virginia state law on handling Senate vacancies, "if the vacancy occurs less than two years and six months before the end of the term, the Governor appoints someone to fill the unexpired term and there is no election". Otherwise, Manchin would appoint an interim replacement, and an special election would be held in November to determine who held the seat in 2011 and 2012.

In other words, we are within a week of the threshold established by West Virginia law. If a vacancy were to be declared on July 3rd or later, there would not be an election to replace Byrd until 2012. If it were to occur earlier, there could potentially be an election later this year, although there might be some ambiguities arising from precisely when and how the vacancy were declared.

http://www.fivethirtyeight.com/2010/06/senator-byrd-is-ill-note-on-west.html

[pinto]

1. Thanks for the info. I wondered what procedures WV had. n/t

[proud2BlibKansan]

2. Who's the governor?

Will he appoint a good Democrat?

[tekisui]

3. The Governor is Democrat Joe Manchin

I assume he would appoint a Democrat. I don't know much about him though.

[dems_rightnow]

4. Who's the governor?

Twice is not enough.

[Dagaz]

8. He wants the job himself

He won't appoint himself but wants to run in 2012 and could run in 2010 if things turn for the worse. He seems pretty conservative and his website touts the fact that he was the only Gov in 2008 to get an A rating from CATO.

http://www.governormanchin.com/main.cfm?actionId=globalShowStaticContent&screenKey=cmpHeadlines&show=news&htmlID=11162&s=manchin

[prolesunited]

5. Practically speaking

it would be best for Byrd to resign now and focus on his health.

[tritsofme]

7. Politically speaking

it would be best that he waits until next week.

[frazzled]

6. That is truly bizarre timing

Well, I hope he recuperates as best as can be expected ... and then waits a week to resign. I guess. I just hope he is resting well.

But it could mean the difference between an energy bill and no energy bill; or a immigration bill and no immigration bill. What's with our luck?