Senate Minority Leader Mike Hall, R-Putnam, said the provision applies to any number of candidates who won primary elections in May and are already locked in as candidates on the November general election ballot -- who otherwise would be prevented from running for the U.S. Senate seat.
"There are probably more than 400 qualified candidates who can't run for Senate, because they are already on the  ballot," Hall said of the current law.
Capito couldn't be reached Monday to be asked whether she might run simultaneously for the U.S. Senate seat and also seek another term in the House of Representatives.
The Gazette made repeated phone calls and e-mails to her staff, inquiring whether Capito would attempt the double campaign. Late Monday, aide Jamie Corley said Capito was aboard an airplane flying to Washington, and would answer the inquiry as soon as possible.
A key issue earlier Monday was whether the House could get the minimum of 67 "yes" votes to make the bill effective from passage.
That's needed because bills usually go into effect 90 days after they're passed -- and 90 days from now is mid-October, well after the Aug. 28 date set for the special primary election.
As late as noon on Monday, that seemed to be in doubt.
"It is clearly the intent of the House to pass the bill," Speaker Rick Thompson, D-Wayne, said at the time. "We just don't have the votes to make it effective from passage."
House Minority Leader Tim Armstead, R-Kanawha, said House Republicans never opposed having a special election for the unexpired term this fall, but wanted to make sure the process was transparent and fair to all sides.
"We want an election," he said. "We want a fair election and we the process to be fair and open."
Earlier Monday, Oliverio said members of the House and Senate had kept discussions going, even when it appeared there was little hope for passage of the bill.
"We've tried to work with them on all their objections," said Oliverio, a member of a House-Senate conference committee that had been meeting informally and privately since Saturday trying to reach a compromise.
Also Monday, Delegate Mark Hunt, D-Kanawha, apologized for missing key votes on the House floor Saturday.
One of the reasons the House was unable to secure the 67 votes needed to make the bill effective from passage was that 15 of the 100 members of the House were absent Saturday, including 13 Democrats.
Hunt, a Charleston lawyer, said he was trying to get back from a trial in Tampa, Fla, on Saturday, but his connecting flight from Charlotte into Charleston was cancelled. He said he then booked a flight into Huntington's Tri-State Airport, but the FAA cancelled all flights into Tri-State Saturday because the airport had run out of jet fuel.
Hunt said he ultimately rented a car and drove back to Charleston, arriving after midnight Sunday.
Reach Phil Kabler at ph...@wvgazette.com or 304-348-1220.