Special election OKd to fill Byrd’s Senate seat
West Virginia’s attorney general said in a legal opinion issued Thursday that Gov. Joe Manchin III had the authority to call a special election in November to fill the seat of the late Sen. Robert C. Byrd, clearing the way for Manchin to appoint a temporary replacement.
The ruling by Atty. Gen. Darrell McGraw also enables Manchin, a Democrat, to declare his candidacy for the Senate seat. Byrd died June 28 and was the longest-serving member in the history of Congress.
McGraw’s finding was issued a day after Manchin requested a formal ruling on whether he could order a special election to fill the seat. Election officials had said earlier that state law required Byrd’s seat to be filled by appointment until 2012, when a special and regular election both could be held.
In a statement after McGraw’s ruling, Manchin thanked the attorney general for a swift decision, but he did not spell out his plans, either to set a special election or to seek the seat himself.
“In light of this opinion, I plan to speak with the state’s legislative leadership immediately to determine how we will further proceed,” Manchin said.
As part of his opinion, McGraw also recommended that a special primary election be held first so that candidates can be chosen by voters instead of by political parties. The primary election could be set to coincide with the Nov. 2 general election, but that likely would mean the general election for the seat would not take place until 2011.
State Republican officials hope to nominate Rep. Shelley Moore Capito if she decides to take on the popular Manchin.
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