CHARLESTON, W.Va. -- Gov. Joe Manchin has authority -- under state law and the 17th Amendment to the U.S. Constitution -- to call a special election for later this year to fill Robert C. Byrd's unexpired term in the U.S. Senate, an opinion issued Thursday afternoon by state Attorney General Darrell McGraw concludes.

If Manchin calls a special election -- which McGraw's opinion says could logically coincide with the regularly scheduled Nov. 2 general election -- state law and a prior attorney general's opinion requires that nominees be selected in a special primary election, McGraw's opinion states.

"Since a general election is already scheduled for Tuesday, Nov. 2, 2010, it is suggested that a special primary election be held at a time which maximizes the opportunity for all potential candidates to prepare for both the special election and general election," the opinion states.

Manchin requested the attorney general's opinion during a press conference Wednesday, saying he does not believe a temporary appointee should be allowed to hold the vacated Senate seat for 21/2 years.

"Two and a half years is too long for me or anybody else to appoint somebody," he said Wednesday.

Manchin, who is in Boston attending the National Governors' Association summer meeting, released a statement Thursday evening thanking McGraw "for rendering such a swift reply."

"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 in this matter," Manchin said.

Last week, Secretary of State Natalie Tennant said her staff attorneys had concluded that the state's senatorial succession law did not permit a special election for Byrd's seat prior to 2012.

In his opinion, McGraw suggested that, in reaching that conclusion, Tennant had relied too heavily on a 1994 state Supreme Court decision involving a circuit court vacancy.

"Her analysis, we believe, gives insufficient weight to the dictates of the 17th Amendment," McGraw's opinion states. The 17th Amendment to the U.S. Constitution provides for the public election of U.S. senators.

Tennant's interpretation of the law, the opinion states, "creates a situation which, while perhaps not absurd, would certainly be awkward and unintended: Two elections in November 2012, one to fill a Senate vacancy of [by then] a few weeks, and another for a full term of office."

Quoting a 1964 U.S. Supreme Court decision, McGraw's opinion states, "We begin and end with the fundamental proposition that "no right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined."

The opinion does not specifically call for any action by the Legislature to revise state election laws.

However, McGraw states that the attorney general's office stands ready to work with the executive and legislative branches regarding any procedural issues that may arise "in light of the shortened time frames for a special election."

In the opinion, the attorney general states that, in additional to having authority to call the special election, the governor has authority to set filing deadlines for candidates, as well as all other election procedures.

Legislators were being contacted Thursday to determine their availability for a special session to begin on July 14, sources said.

A special session previously had been tentatively set to begin on July 19, to coincide with regularly scheduled July legislative interim meetings.

Reach Phil Kabler at ph...@wvgazette.com or 304-348-1220.