BREAKING: McGraw Calls for Special Election to Fill Sen. Robert Byrd’s Vacant Seat

By westvirginia on July 8, 2010
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According to a letter released this afternoon by West Virginia Attorney General Darrell McGraw‘s office, a special election is needed to fill the unexpired term of the late Sen. Robert C. Byrd.

McGraw says a primary and a general election must occur, though he leaves it up to Gov. Joe Manchin as to when to hold the primary election.

The full letter is posted below. Gov. Manchin delivered a letter to McGraw yesterday seeking the opinion of the Attorney General’s office on the law regarding appointments and special elections in the event of a U.S. Senate vacancy. Secretary of State Natalie Tennant ruled last week that an appointment would be necessary until a special election could be called in 2012 alongside the general election for the full six-year Senate term.

UPDATE: Gov. Joe Manchin released the following statement in regards to the Attorney General’s opinion:

“I appreciate the Attorney General for rendering such a swift reply in accordance to my recent request seeking his opinion on the state’s succession law to fill the vacancy left by the passing of our beloved U.S. Senator Robert C. Byrd.

“The Attorney General has determined that, in his opinion, a special election to fill the vacancy may occur before 2012 and may occur in conjunction with the general election this November.

“In light of this opinion, I plan to speak with the state’s legislative leadership immediately to determine how we will further proceed in order to reach a conclusion to this matter.”

McGraw Calls for Special Election

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5 Comments For This Post So Far

  1. OzakrGuru
    6:09 pm on July 10th, 2010

    What a hoot. Nice to hear the Constitution being considered. I have read a few Attorney General’s opinions of different states and this one opinion seems to rightly side with the right of the people to vote verses a political appointment. I realize that the same Party may be returned. I also like the WV Gov calling the legislature into session to affirm by law his right to appoint an interim appointee until the special election resolves who will be WV next Senator thereby avoiding the courts. I hope the appointee will be a citizen servant and not a candidate in the special election.

    As, I like to know more of what is happening in WV beyond that presented by FoxNews and the lame street media, I appreciate WV WatchDog for being on top of this issue!

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