The effort in West Virginia to change the state’s ambiguous election laws in order to hold a special election for the seat of the late Democratic Sen. Robert Byrd has hit a snag, with legislators unable to reach the supermajority required to have a bill take effect immediately.
This could potentially lead to further legal wrangling if Democratic Gov. Joe Manchin were to call an election for this November anyway, though for now the seat will be filled by Manchin’s recent appointee, Democratic Sen.-designate Carte Goodwin.
Manchin is widely expected to run in the special election, and would start out as the frontrunner — but first he has to hold the election itself. He had previously obtained a legal opinion from state Attorney General Darrell McGraw (D), analyzing the state’s unclear statute on this subject, saying that he could proclaim an election. But clearly Manchin preferred to do this through a full legislative route.
The Charleston Daily Mail reports:
With time running out for a special primary to be held before the Nov. 2 general election, Manchin may proclaim an election. That decision may come today.
If he does so, his authority may be tested in court. Current election law is ambiguous, although the state attorney general has given Manchin the go-ahead to call the election to fill Robert Byrd’s unexpired term.
Manchin called lawmakers to town last week, but disagreements between him and elected officials in both parties derailed the process.Both the House and Senate have passed differing versions of the needed bills, but Republicans and some Democrats were able to keep the law from taking effect immediately, a decision that takes a two-thirds super majority. Normally, a bill is effective 90 days from passage.
