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West Virginia Special Election Hits Stumbling Block

07/19/10-by Bridgette P. LaVictoire
Legislation regarding a special election in West Virginia has been stalled over an amendment which would allow the election to be declared a separate election from the general election this 2 November. The issue is of vital importance to the Republicans who are concerned that their best opponent against Governor Joe Manchin, Shelley Moore Capito, would be forced to choose between running to replace Senator Robert Byrd or keeping her House of Representatives seat. West Virginian lawmakers were set to continue working on the legislation on Monday, but the decision will have to be made soon since the desire to hold the special election primary would be 28 August.

Unless the West Virginian legislature can reach the two-thirds majority needed to make the special election law take place immediately, Governor Manchin will be forced to set his own timetable. This could be awkward since he is more than likely going to run for that seat, and he is expected to win. Indeed, the reason why he brought the legislature back into session to deal with this was because of this thorny issue.

According to Manchin spokeswoman Sara Payne “The governor is allowing this process to happen. If we do not have a bill, then the governor – to protect the voice of the people through an election process – will be forced to make a decision tomorrow.”

On 8 July, the West Virginian attorney general ruled that the governor had the power to determine when and how a special election would be held for that seat. Carte Goodwin, a former aid of Manchin’s, will be sworn in to take the late Senator Robert Byrd’s seat until the election has been held. The winner of the special election will serve out the rest of Byrd’s term.

Moore Capito has not stated whether or not she will run to replace Byrd. Manchin is seen as the odds on favorite. The bigger problem is that West Virginian law prohibits someone from running twice on the same ballot. Moore Capito would have to choose between running for the House or running for the Senate. Her House seat is a shoe in to win as she is the incumbent, but she could easily lose the Senate race.