Manchin reverses course, wants special election
posted at 2:20 pm on July 7, 2010 by Ed Morrissey
When Robert Byrd passed away, West Virginia Governor Joe Manchin seemed content to delay the recognition of the vacancy of Byrd’s Senate seat in order to allow himself the privilege of appointing a caretaker for a seat Manchin wants for himself. Less than two weeks later and with the threat of a lawsuit hanging over his head, Manchin has apparently changed his mind. It may also have to do with his likely opponent becoming the center of a voters-rights movement on the issue:
West Virginia Gov. Joe Manchin voiced support for holding a special election this year to fill the late Sen. Robert Byrd’s seat, announcing that he would request a legal opinion from the state attorney general to determine if a vote could be held.
Manchin, a Democrat who said he would be “highly” interested in running for the seat himself, expressed discomfort with Secretary of State Natalie Tennant’s ruling that the governor should name a placeholder to the seat until it comes up for election in 2012. …
Manchin’s announcement came hours after Republican Rep. Shelley Moore Capito, a potential Senate candidate herself, urged state legislators to move for a vote this fall.
“The power of our vote should never be limited or delayed in selecting our elected officials, and 28 months is too long for any person to serve in an elective office through appointment,” she said in a statement. “I encourage the West Virginia Legislature to amend our state’s election code and allow for a Special Election during the current election cycle on November 2, 2010.”
Had Byrd survived a week longer, Manchin may not be facing this problem. The way West Virginia law is written would have prohibited a special election had the vacancy occurred after July 2nd. The question of judgment and calculation would never have come up. Instead, Manchin and the state government at least appeared to play games with the calendar to benefit Manchin. Had Manchin wanted a special election this year, all he had to do was immediately declare Byrd’s Senate seat vacant, or press the state government for the declaration. Manchin waited until the cutoff date passed to suddenly discover his inner populist.
No doubt that the Democrat would prefer to run for this office in any other year than 2010, when Democrats will likely face a tsunami of discontent in the midterms. Even though Manchin has publicly opposed the cap-and-trade bills under consideration in Congress, the coal-dependent economy of the state may convince voters that sending any Democrat, even one as popular as Manchin, will make it more likely for such a bill to pass and cripple the West Virginia coal industry.
Manchin may be popular, but so is Moore Capito, who passed on a challenge to Byrd in 2006. In 2010, given the choice between a Democrat who didn’t exactly move with alacrity on behalf of an election and a Republican who will sap strength from the Democratic caucus that wants to kill West Virginia’s biggest industry, it probably won’t be a tough choice.









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Next headline:
Byrd is alive! It’s a miracle! Oh, wait, he died again…. after July 2, this time.
Daggett on July 7, 2010 at 2:23 PM
Ed: Would that not be the “people’s seat”…just say’n
PatriotRider on July 7, 2010 at 2:24 PM
Surely there are some former KKK members in WV that are working hard simply to get elected ?….
/Clinton
ted c on July 7, 2010 at 2:24 PM
Power grabbing …. this is going to be interesting. When was Byrd up for re-election again?
upinak on July 7, 2010 at 2:26 PM
WV seems solidly Democrat. They just can’t wean themselves from all the pork that comes their way from Washington. Shame really.
sandee on July 7, 2010 at 2:28 PM
+1
Daggett on July 7, 2010 at 2:30 PM
Uh oh. This special election could get barbaric.
Doughboy on July 7, 2010 at 2:30 PM
2012
txmomof6 on July 7, 2010 at 2:30 PM
Love the optimism Ed, but Manchin is going to win. He is in the 70s for approval. He’s the type of dem that WV loves: pro-gun, pro-life and somewhat fiscally conservative. Capito is not going to give up her seat that she has fought to make somewhat secure. She should run against Rockefeller in 2012 when WV will be ready to toss out zero.
TimTebowSavesAmerica on July 7, 2010 at 2:37 PM
The GOP candidate in any special election should do nothing more than run that clip of Obama declaring that he’d cripple the coal industry.
BuckeyeSam on July 7, 2010 at 2:38 PM
Miracles sometimes do happen, in the oddest quarters.
Schadenfreude on July 7, 2010 at 2:39 PM
who are these absolute sheeple in WV? Maybe they’re really Chinese and like being told what to do?
lm10001 on July 7, 2010 at 2:40 PM
2014
myrenovations on July 7, 2010 at 2:41 PM
In today’s news, we are sad to report that Exalted Cyclops Robert Byrd is still dead.
However, questions remain as to whether his Senate seat is vacant or if it remains occupied by the now room-tempature mortal coil of the late Senator and former Kleagle and Exalted Cyclops, whose position on death, if not the KKK, remains consistent.
novaculus on July 7, 2010 at 2:42 PM
This entire country is quickly becoming a sick joke.
rplat on July 7, 2010 at 2:50 PM
As I stated at another site, this makes perfect sense in a “better get while the gettin’s good” sense. After all, once the productive class in America sees their taxes and insurance premiums blow through the roof on Jan. 1st, 2011, the only place a Democrat will be able to get elected in 2012 is California or New York.
rvastar on July 7, 2010 at 3:01 PM
This is good news. But I do wonder if we will get some phony theater, i. e. the AG will say, no you can’t have a special election and then Manchin says, “Well, I tried.”
WannabeAnglican on July 7, 2010 at 3:12 PM
Democrats, those that aren’t KKK members, and some that are, they lie cheat and steal.
tarpon on July 7, 2010 at 3:32 PM
I don’t know what the hang-up is. Dead people vote for Democrats, I don’t see why dead people can’t serve in the Senate as long as they’re Democrats.
crazy_legs on July 7, 2010 at 3:32 PM
The whole charade about “declaring the vacancy” was just farce, an attempt to avoid facing the voters in a wave year. The law itself says nothing about the date of “declaration” being significant, but only “when a vacancy occurs …” and it is hard to argue in court the vacancy did not occur at the moment of Sen. Byrd’s passing.
Adjoran on July 7, 2010 at 3:35 PM
If a special election happens, I would expect Manchin to win.
That said, having an election is more preferable, even with that outcome, than Dems playing games with the election laws and putting a placeholder in there for the remainder of the term.
Vyce on July 7, 2010 at 3:43 PM
Am I feeling a “Weekend at Bernie’s” moment?
jbh45 on July 7, 2010 at 3:52 PM
TimTebowSavesAmerica sounds like he knows what he’s talking about.
It’s hard to explain Manchin’s actions unless he is confident he is a lock to win a special election.
It sounds like a redo of the Murtha race, unless a very compelling conservative emerges in a state neck deep in pork.
notagool on July 7, 2010 at 3:52 PM
Manchin does what he should do and one more wheel comes off the liberal Democrat juggernaut. After the deaths of Kennedy, Murtha and now Byrd with the retirement of other Democrat stalwarths the only pillars still standing are Pelosi and Reid (hopefully not past the election). Loosing the house to the Republicans should drive Pelosi into obscurity which means that Obama will be all by himself without his congressional support minions. The future looks brighter already.
docdave on July 7, 2010 at 4:05 PM
Actually, since the Dimmocrats and the MSM are so fond of referring to seats in the U.S. Senate by the name of a previous occupant, we’re free to ask the following:
ya2daup on July 7, 2010 at 4:41 PM
Actually, since the Dimmocrats and the MSM are so fond of referring to seats in the U.S. Senate by the name of a previous occupant, we’re free to ask:
Which Senator from Wisconsin — Kohl or Feingold — is the proud holder of the Joe McCarthy seat? Kohl.
ya2daup on July 7, 2010 at 4:50 PM
PA-12 is a very apt compairson: both races have conservative Democrats running in tradition Democratic areas. There’s a difference between Manchin and people like Lincoln, etc.
TimTebowSavesAmerica on July 7, 2010 at 5:20 PM
Who wants to be Blago part II?
Good move by the Gov, but for the wrong reasons.
barnone on July 7, 2010 at 5:25 PM
So, once again, it’s the GOP women who are leading the way. Tsk, tsk.
Kafir on July 7, 2010 at 6:06 PM
People, do not write this seat off just yet. Remember Massachusetts and the “Ted Kennedy Seat. Never was a Senate seat more certain a lock for the libs and they got TROUNCED.
Now if we could only get Obamao to campaign for Manchin.
dogsoldier on July 7, 2010 at 6:17 PM
Not true, actually. The issue is whether or not a primary can be held before 2012 under West Virginia law: the law regarding the vacancy requires one, and by statute they are held only every even-numbered year.
Whatever his motives, I say kudos to Manchin for trying to get an elected representative of the people in the seat sooner.
zerosheep on July 7, 2010 at 6:23 PM
Next headline:
Byrd is alive! It’s a miracle! Oh, wait, he died again…. after July 2, this time.
Daggett on July 7, 2010 at 2:23 PM
lol :-) not too far fetched :-)…that sounds pretty much like the ‘enlightened left’ modus operandi…
jimver on July 8, 2010 at 4:14 AM
Had Byrd been from Chicago, the machine would have put him on ice, bribed the M.E., and kept the media away for a week.
southsideironworks on July 8, 2010 at 9:15 AM