West Virginia Attorney General Darrell McGraw (D) has issued a legal opinion saying that there can be a special election this year for the Senate seat formerly held by the late Democratic Sen. Robert Byrd. This decision will likely set the process in motion for an election, with the possibility of an interim appointment made by Dem Gov. Joe Manchin — who would also be the Democrats’ strongest possible candidate.
Secretary of State Natalie Tennant (D) announced last week that there would not be an election, but instead a gubernatorial appointment to last through November 2012, when the term would have been up anyway. This result struck many people as odd or counter-democratic, but was actually the product of the state’s very confusing statute on the subject, and in fact had a binding legal precedent from the 1990s.
However, Tennant herself stated her disagreement with this outcome, and Manchin sought the legal opinion from McGraw on the subject, with Manchin also preferring to hold an election this year and to potentially change the law if necessary. Manchin has categorically ruled out appointing himself, but with this ruling he could potentially appoint another person and then run for the election this November.
