In a press conference yesterday, West Virginia Gov. Joe Manchin announced that he was asking the state's attorney general to determine whether the special election for the late Sen. Robert Byrd's seat could be held early.
The AG, Darrell McGraw ruled today that the election could go forward soon.
Attorney General Darrell McGraw, responding to questions posed by Manchin a day earlier, concluded that the governor can declare a special election to fill what remains of Byrd's term. Manchin sought the legal opinion after joining a growing push for a vote earlier than 2012, when Byrd would have faced re-election....
Manchin has said he would prefer placing the seat on the Nov. 2 general election ballot. Citing that date, McGraw's opinion suggests that Manchin set a special primary election "at a time which maximizes the opportunity for all potential candidates" and voters....
"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 to this matter," the governor said in a statement.
Pending an election, the governor will appoint someone to fill the vacancy. Manchin has said he may run for Byrd's seat, but won't arrange have himself appointed.
The fast turn-around in McGraw's decision is important, meaning that Manchin can now appointment someone immediately to fill Byrd's seat. Which is critical:
Manchin said during a presser yesterday that he would wait to appoint someone until McGraw gave him legal guidance. This will undoubtedly ease the fears of national Democrats who believed further delays in the appointment process would stall passage of the long-delayed unemployment benefits extension. Representatives from the White House and Congress had apparently been pushing Manchin to move forward with all deliberate speed.