CHARLESTON, W.Va. -- House and Senate Judiciary committees worked slowly and methodically in special session Thursday to smooth out rough edges in legislation intended to clarify how vacancies in the U.S. Senate are to be filled (HB201, SB2001).
Senate Judiciary Chairman Jeff Kessler, D-Marshall, said legislators want to precisely spell out deadlines and timelines for special elections to fill such vacancies -- including elections expected later this summer and fall to fill the unexpired term of late U.S. Sen. Robert C. Byrd.
Legislators were concerned that early drafts of the bill gave too much authority to the governor to set special election dates and filing deadlines. With the start of a special session at noon Thursday, House and Senate Judiciary committees spent much of the afternoon behind closed doors trying to build in more precise timelines.
A Senate Judiciary amendment adopted Thursday evening mandates the special primary election be held on a Saturday. Given the other timelines in the proposed law, that would set the special primary for Byrd's unexpired term for Aug. 28.
"We've got a delicate balancing act that we're doing here, but it's now coming into place," Kessler said.
Earlier Thursday, Manchin removed a prime point of contention in the bill: Taking out a provision in the early draft of the bill that would waive the requirement to hold a special primary election if only one candidate from a particular political party filed to run.
Kessler said he was concerned that would keep challengers from filing to run against a party favorite in a special primary -- since they might be accused of wasting taxpayer dollars by forcing the special election.
"I think it could have a chilling effect," said Kessler, adding, "I've never considered an election be a waste of taxpayer money."
Secretary of State Natalie Tennant told legislators Thursday that a statewide special election would cost $5.9 million.
The governor's bill specifies that the state will pick up the tab for such special elections, and Manchin also introduced an appropriations bill to transfer that amount from 2009-10 budget surplus to pay for the 2010 special primary.
In addition to eliminating the potential to waive the special primary if only one candidate files, the bill submitted by the Manchin administration Thursday goes into greater detail in specifying dates for future special elections:
If the vacancy occurs in an odd-numbered year, or prior to the close of the primary filing deadline on the last Saturday of January in even-numbered years, the special primary and special elections for the unexpired term would "piggy-back" on that year's regularly scheduled primary and general election days.
CHARLESTON, W.Va. -- House and Senate Judiciary committees worked slowly and methodically in special session Thursday to smooth out rough edges in legislation intended to clarify how vacancies in the U.S. Senate are to be filled (HB201, SB2001).
Senate Judiciary Chairman Jeff Kessler, D-Marshall, said legislators want to precisely spell out deadlines and timelines for special elections to fill such vacancies -- including elections expected later this summer and fall to fill the unexpired term of late U.S. Sen. Robert C. Byrd.
Legislators were concerned that early drafts of the bill gave too much authority to the governor to set special election dates and filing deadlines. With the start of a special session at noon Thursday, House and Senate Judiciary committees spent much of the afternoon behind closed doors trying to build in more precise timelines.
A Senate Judiciary amendment adopted Thursday evening mandates the special primary election be held on a Saturday. Given the other timelines in the proposed law, that would set the special primary for Byrd's unexpired term for Aug. 28.
"We've got a delicate balancing act that we're doing here, but it's now coming into place," Kessler said.
Earlier Thursday, Manchin removed a prime point of contention in the bill: Taking out a provision in the early draft of the bill that would waive the requirement to hold a special primary election if only one candidate from a particular political party filed to run.
Kessler said he was concerned that would keep challengers from filing to run against a party favorite in a special primary -- since they might be accused of wasting taxpayer dollars by forcing the special election.
"I think it could have a chilling effect," said Kessler, adding, "I've never considered an election be a waste of taxpayer money."
Secretary of State Natalie Tennant told legislators Thursday that a statewide special election would cost $5.9 million.
The governor's bill specifies that the state will pick up the tab for such special elections, and Manchin also introduced an appropriations bill to transfer that amount from 2009-10 budget surplus to pay for the 2010 special primary.
In addition to eliminating the potential to waive the special primary if only one candidate files, the bill submitted by the Manchin administration Thursday goes into greater detail in specifying dates for future special elections:
If the vacancy occurs in an odd-numbered year, or prior to the close of the primary filing deadline on the last Saturday of January in even-numbered years, the special primary and special elections for the unexpired term would "piggy-back" on that year's regularly scheduled primary and general election days.
Otherwise, the special election would fall on the next general election date, with a special primary to be held no later than 60 days prior to the general election.
With any vacancy, the governor would continue to have authority to appoint a temporary replacement until the election for the unexpired term could be completed.
Manchin on Thursday called a news conference for Friday at 2 p.m. to announce the temporary appointment to Byrd's seat.
Several political insiders have said they believe Charleston lawyer and former Manchin chief counsel Carte Goodwin will be the appointee. Former state Democratic Party chairman Nick Casey and former Gov. Gaston Caperton are also thought to be on the governor's short list.
Meanwhile, Senate Judiciary members made two notable changes to the bill:
| Sen. John Shott, R-Mercer, amended the bill to require a special election if there is two years or more remaining in the unexpired term. Current law sets the time at 21/2 years or more.
"The indication I got from constituents, and it was pretty unanimous, is that an appointed senator should not be serving for longer than an elected member of the House of Representatives," said Shott.
| Senate Majority Leader Truman Chafin, D-Mingo, amended the bill to require state Senate confirmation of any temporary appointee.
However, indications are that the provision will be removed Friday, since it could violate the 17th Amendment of the U.S. Constitution, which states that U.S. senators are to be elected by the people, not appointed by state legislatures.
House Judiciary Committee members were meeting Thursday evening to work on the House's version of the bill.
Reach Phil Kabler at ph...@wvgazette.com or 304-348-1220.
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