The first four days of the Legislature's special session were wracked by repeated failure to arrange special 2010 elections to replace the late Sen. Robert C. Byrd, D-W.Va.
If no agreement could be reached, "we have simply wasted $160,000 of the taxpayers' money," Delegate Patrick Lane, R-Kanawha, complained. Jim Pitrolo, the governor's legislative director, called the four-day fiasco a "total breakdown."
Finally, however, a compromise was reached Monday night -- but it may be worse than the previous stalemate, because it lets Rep. Shelley Capito, R-W.Va., run for Byrd's Senate seat and run for her current congressional seat simultaneously.
Republican legislators insisted on letting the biggest potential GOP vote-getter seek both posts at the same time. Presumably, if Capito won both, she would enter the Senate, vacating her House seat -- but if she lost the Senate race, she would remain safe in the House (unless she lost both contests).
This is idiotic -- and probably illegal. Nobody, of any party, should be allowed to run multiple campaigns. Capito should eliminate this mess by declaring that she won't file for both seats. If she won't do so, a lawsuit should be brought to prevent it. Attempts to obtain a statement from her Monday failed.
Republicans were able to force this senseless provision into the compromise bill because they held a winning hand. Their votes were needed for a 67-vote House supermajority to suspend rules and make the election plan effective from passage. If normal processes had been followed, the bill wouldn't take effect for 90 days, too late for a proposed Aug. 28 special primary. So the GOP had power to get what it wanted.
Another reason for the "total breakdown" was battling over whether taxpayers should pay $6 million for a special primary, just to pick two nominees for Byrd's vacancy. Some House members wanted to let party conventions choose the nominees, thus saving the $6 million. In the end, opposition wilted, and the primary will proceed. For those worried about the cost, perhaps there's spare money in the governor's Rainy Day Fund.
Meanwhile, a wild card was speculation that Speaker Thompson didn't push the election bill because he didn't want his potential rival in the next governor race, Senate President Earl Ray Tomblin, to enjoy quick elevation to the governorship as temporary successor to Gov. Manchin, if Manchin wins Byrd's U.S. Senate post in November. However, Thompson backed the 2010 election plan.
Much of this debacle could have been avoided if Gov. Manchin simply had thrust himself into the vacant Washington seat, soon after Byrd's death.
We're glad the stalemate is over, and Byrd's successor will be elected Nov. 2. But the goofy provision to let Capito run for both seats at once cannot remain unchallenged. If she won't prevent the double campaign, someone else must.


