W.Va. governor urges fall election to replace Byrd

West Virginia Gov. Joe Manchin (D) joined a growing chorus that includes Republicans urging that the special election to replace the late Sen. Robert Byrd be held this fall -- instead of in 2012, as state law dictates.

At a news conference this morning where he made the announcement, Manchin said he would "highly consider" running for the seat if it is held this fall -- though he has ruled out appointing himself until the election.

"I would highly consider that," Manchin said, referring to a possible run. "I do understand what's at stake here."

The state legislature, which is dominated by Democrats, would likely have to change the existing law to make that happen. Manchin also said he would ask "the state attorney general to weigh in," AP writes.

It has been widely known that Manchin has an interest in the seat. His term is up in 2012, which would set up another replacement domino to fall. (Byrd's term also expires in 2012.)

Manchin is more centrist than either Byrd or sitting Sen. Jay Rockefeller, but he's seen as Democrats' best hope of retaining the seat.

The presumed GOP front-runner would be Congresswoman Shelly Moore Capito. Capito, who represents the second congressional district, has also joined the call for moving the election to this fall.

*** UPDATE *** Here's a rough transcript from Manchin's news conference.

Manchin: I think that there's reasonable concern that there should be clarity to this and that is my reasoning for asking the attorney general to render a ruling as quickly as he can. Now, with that being said, I will not move forward on this appointment or the succession process as we've been talking about until the attorney general's opinion is rendered. I believe that is the most prudent thing for us to do right now…

I hope that gives you some explanation. I'm not sure if it gives you clarity, but it gives you an explanation of where I stand as the governor of the great state of West Virginia, the appreciation that Gayle and I have for all the support and how we as a state are still working on moving forward together. And there's nothing that anyone can be more humbled and more honored [with] than I am with that support.

Also, your vote belongs to you and I believe you should have the right to exercise that vote as quickly as possible for this important seat. And with that there are processes that will be unveiled, there's a couple different avenues that might be taken.

But I think until the attorney general renders his opinion, which I'm hopeful will come very quickly, then I'm hopeful we will make a decision on the process. I will speak to the legislative leaders and all the parties involved in policy-making in West Virginia, to move further - to move further as quickly as possible.

Question: Timing?

Manchin: I'm very hopeful it will be as quickly as possible. When I'm saying quickly, [I mean] by no later than the first of next week or sooner.

Question: Change the law?

Manchin: I will talk to the legislators at that time…

I know there's an awful lot of public opinion, public sentiment, that [supports] an election sooner than later - I gave you my personal opinion of the two and a half years - and if there's enough people in the legislative process and the people in West Virginia that believe, they'll be contacting their legislators and the legislative leaders will talk to them… As you know, we have a special session coming up and that's an option that we have, that's one of the options of the process that we could go down.

Question: Pressure from Washington to have the seat filled?

Manchin: Not really. They've been so kind. As you know, I've been talking to the White House. I've been talking to our senators and most importantly [to] our senator Jay Rockefeller. And it's important. These are important times in America. Every decision that's being made is a decision that affects everybody's lives.

So whatever, wherever you may be, it's affecting your lives in these very, very important decisions, so we understand that. But also I think that there's a process that they understand and respect in West Virginia. And to just hastily try to do something because [it’s] time sensitive -- and to try to fill as giant shoes as [those of] Robert C. Byrd, who was a stickler for the Constitution and really demanded things being done and done right, would not be, I think, of good steed for him. I don't think he would look upon that [well].

Question: If the AG comes back and says there should be a special election and if there is a special election, would you then file to run for the seat?

Manchin: I would highly consider that - I truly would. I have always wanted to put myself in a position to help the people of West Virginia. I do understand what's at stake here.

I do understand the urgency of the decisions that are being made that affect our state and I think everyone knows - from the White House on down - how I feel about what we have done and contributed as the state of West Virginia…we are very cognizant of [the energy that we produce], and we believe that we can move this country forward…to dependable, affordable, reliable energy while we transform ourselves.

I believe I can bring a lot of that debate to the forefront and have respectful dialogue. I keep using the word respectful because I see the toxic atmosphere that we're dealing with and I don't like it. I don't like it and I don't think the American people like the toxic atmosphere that's in Washington. I think there has to be civility brought back to it.

Now, with that being said, I would watch very carefully and I would be very interested in seeing if that opportunity would arise.

Question: if the AG responds and says you must make an appointment in the interim, do you have someone in mind?

Manchin: I absolutely do. I've had quite a few.

Question: Are you saying appointing yourself is not an option?

Manchin: That is not an option for me.

I have several people of just high caliber. There've been a lot of names mentioned and these are all just high quality individuals with tremendous ability…

I can assure you [that] the person I appoint…understands the needs of working people, the needs of businesses to be able to survive and compete in a very competitive atmosphere. I need to make sure and I will make very much sure that that person will be able to fulfill the needs of West Virginians, I can assure you of that.

Question: What are you looking for?

Manchin: I think once we see the opinion of the Attorney General, it’ll tell us maybe the time frame that we might be looking at. And that will make a determination on how I go.

Question: Would you appoint someone who supports Sen. Kerry’s cap and trade bill?

Manchin: No. (laughter and applause)

Now I do support someone who will respectfully sit down and work what I believe is a much better option, [one] that helps this country and helps this state. Absolutely.

You were surprised about such a short answer, weren't you?

Question: Has anything changed since the Secretary of State’s press conference?

Manchin: Nothing has changed. Nothing has changed… my attorneys, the people who advise me, are working with and understanding what the Secretary of State has interpreted…I've always supported the chief election officer.

With that being said, I think even the chief election officer has said that we should have the opinion of the chief legal officer of the state of West Virginia, which I also concur. And out of respect and out of courtesy that needs to be done. I think we all agree. I think we both agree on that. So with that we'll be awaiting anxiously the Attorney General's opinion.

Question: would Gayle [Manchin, his wife] be an option [for the seat]?

Manchin: She'd be a wonderful option, wouldn't she?

We both - we've worked very well as a team and I think we'll remain as a team. We've worked very well as a team.

[to his wife] Let me just say - and I mean this - thank you. Thank you for the support... I think us staying together as long and as strong as we have has fared well for our state.

Whatever the future brings, I think there are a lot of capable people, a lot of people with tremendous passion and love of our state that will be able to continue all of us working together to move us forward...

I want to say this. When people ask me, you know, about different processes and where you stand and -- I often think of this: I'm an American first. I'm a West Virginian second. I'm a Democrat third.

You may be a Republican - but I'd hope you'd be American first, a West Virginian second and a Republican. We've got to put everything in proper perspective and sometime we've lost sight of that, we really have, and we get so embattled and we get so competitive that we lose sight of the objective of changing and transforming and creating a better country and a better union if you will and a better state for our children and generations to come.

Discuss this post

If there is an election this year to replace Byrd, Democrats better hope Manchin is their candidate.

Otherwise, this is another "leans Republican" Senate race.

  • 1 vote
Reply#1 - Wed Jul 7, 2010 11:55 AM EDT

Absolutely. West Virginia, particularly the Eastern Panhandle, is solidly right wing Republicans who get ALL their information from FOX TV and the local right wing biased newpaper. West Virginian's tend to vote for people like (R)Shelley Moore Capito, then can't understand why they get no help from their GOP representative when they have an environmental problem, like strip mining coming to their residential neighborhoods. Governor Manchin should either take the Senator Byrd's seat or appoint a Democrat who has a chance in the general elections. The truth is, Manchin himself doesn't have much of a chance of being re-elected as Governor in the current political climate in WV, but he may have a chance of being elected to Senator Byrd's seat if he appoints himself now. That would be the only real hope for the coal mining union workers to have a champion.

  • 1 vote
#1.1 - Wed Jul 7, 2010 7:53 PM EDT

Manchin is a lame duck governor; he can't run for re-election in 2012 according to state law. Replacing Senator Byrd has always been on his agenda. He is a very popular governor in West Virginia, and has keen political instincts. As Democrats go, he is among the most conservative -- his appointments in West Virginia have been largely Republican. It will be an interesting race between him and Shelley Moore Capito.

    #1.2 - Thu Jul 8, 2010 9:22 AM EDT
    Reply

    I think that they should follow the law. Otherwise, why have the law in the first place?

    • 5 votes
    Reply#2 - Wed Jul 7, 2010 12:10 PM EDT

    Exactly. This governor is just too busy thinking about his own political career and not the laws of their state. He may just be opening a pandora's box.

    • 1 vote
    #2.1 - Wed Jul 7, 2010 1:26 PM EDT

    Chris,

    Open it? He tore the cover off. When is my party ever going to learn how to play. As I understand it, the law is on his side this time to keep the seat in Dem's control until 2012. Joe is a Democratic Governor or is he?

    • 1 vote
    #2.2 - Wed Jul 7, 2010 1:39 PM EDT

    MARK; NO BLUE BOX TO LOG ON IN ORDER TO COMMENT.

      #2.3 - Wed Jul 7, 2010 2:08 PM EDT

      Follow the law much like Massachusetts did? They changed it twice to ensure that a Democrat would keep the seat. Too bad they lost it is a real election. My guess is that demoncrats only like laws that are to their advantage, otherwise they rather change the law.

      • 2 votes
      #2.4 - Wed Jul 7, 2010 2:49 PM EDT

      sounds like the way the regime works

        #2.5 - Wed Jul 7, 2010 2:53 PM EDT

        @ John, Tuscon, AZ

        West Virginia Gov. Joe Manchin (D) joined a growing chorus that includes Republicans urging that the special election to replace the late Sen. Robert Byrd be held this fall -- instead of in 2012, as state law dictates.

        Capito, who represents the second congressional district, has also joined the call for moving the election to this fall.

        My guess is that demoncrats only like laws that are to their advantage, otherwise they rather change the law.

        Guess again.

        • 1 vote
        #2.6 - Wed Jul 7, 2010 3:58 PM EDT

        John Tucson/Husky

        couple of typical repubs - never waste time reading the article

        guess the law can remain as it is - dem controlled until 2012or law could be changed and give a repub a chance...

        couple of crows on the wire - the advantage is with the dems if the law stays as it is.........

          #2.7 - Wed Jul 7, 2010 5:32 PM EDT

          The White house isn't going to let them change the replacement law at this time! Its in their favor, how stupid to think they would create a risk of losing a seat that they dont have to. The gov's probably waiting to see what the Atty Gen says about the options (including appointing himself even though he claims thats not the case). What, like there might be a conflict of interset or something? Cripes he is a dem, so ethical conflicts don't exist.

            #2.8 - Thu Jul 8, 2010 10:23 AM EDT
            Reply

            I wonder if his family will bury him in his Red Kleagle "Glory Suit" or will he go with the traditional white one.

            • 4 votes
            Reply#3 - Wed Jul 7, 2010 12:19 PM EDT

            Senator Byrd is a testimonial to growth, change and improvement. You, on the other hand.....

              #3.1 - Wed Jul 7, 2010 12:58 PM EDT

              Auntie, When you start as a recruiter for your local chapter of the KKK, there is no direction to go but "up."

              • 4 votes
              #3.2 - Wed Jul 7, 2010 1:17 PM EDT

              Good question, Toxic! He really did like that white one once upon a time, didn't he?

              • 3 votes
              #3.3 - Wed Jul 7, 2010 1:30 PM EDT

              oh come on, he only had a fleeting association with the klan in his younger days and voted for civil rights and black s.c judges.... oh wait.

              • 1 vote
              #3.4 - Wed Jul 7, 2010 2:54 PM EDT
              Reply

              Not being a residen of WV I was not familiar with Manchin - however after witnessing how he dealt with the Coal Mine disaster, I came away VERY impressed with the guy!

              Manchin showed some EXCELLENT leadership skills including holding press conferences at 5 in the morning to keep people advised of the situation!

              In contrast Agent Orange is still 'sleeping it off' at that time of day...

                Reply#4 - Wed Jul 7, 2010 12:26 PM EDT

                I know almost nothing about West Virginia election law; however, it seems to me that laws are written to ensure an orderly transition in the event of the death or serious illness of elected officials. to ignore the law because it is inconvenient is to invite chaos into the process.

                In other words, stick to the timetable, governor. Make your appointment and move on.

                • 4 votes
                Reply#5 - Wed Jul 7, 2010 12:29 PM EDT

                What did they do in Massachusetts when Senator Kennedy passed again?

                • 3 votes
                #5.1 - Wed Jul 7, 2010 12:34 PM EDT

                Doesn't make it right, dangerfield.

                I'll bet you a donut that the Democrats in Massachusetts are regretting their 'rechanging' the law because it would help out Obama.

                Didn't quite work out that way,now, did it?

                • 4 votes
                #5.2 - Wed Jul 7, 2010 12:43 PM EDT

                Massachusetts only changed their law to allow a place holder until the election. That made sense as it would for any state in order for that state to have its allowed number of legislators. Elections take time to happen.

                This suggested change makes no sense because the law allows someone to be appointed until the next election cycle for whichever slot is open.

                • 1 vote
                #5.3 - Wed Jul 7, 2010 2:27 PM EDT

                NJNBNJ,

                It becomes more and more apparent watching your posts that you really DO love to spout poetic about things you "know almost nothing about." Now that you have admitted this, that is the first step to getting the help you so desperately need.

                How about you take the next step and use that remote control to put on something other than Faux News?

                  #5.4 - Wed Jul 7, 2010 2:38 PM EDT

                  Actually Jody, they change the law when Kerry was running for President...They didn't want Mitt to appoint a Republican is case Kerry won.

                  • 1 vote
                  #5.5 - Wed Jul 7, 2010 2:53 PM EDT

                  I've got to agree. Mass was wrong to change the law for a short term political gain. Manchin should appoint himself and run in 2012.

                  • 1 vote
                  #5.6 - Wed Jul 7, 2010 3:01 PM EDT

                  Jody, Iowa

                  Massachusetts only changed their law to allow a place holder until the election.

                  Really? I thought there was something else...

                  What Ted Kennedy Wants

                  He's trying to change election rules—again.

                  "What Mr. Kennedy doesn't volunteer is that he orchestrated the 2004 succession law revision that now requires a special election, and for similarly partisan reasons. John Kerry, the other Senator from the state, was running for President in 2004, and Mr. Kennedy wanted the law changed so the Republican Governor at the time, Mitt Romney, could not name Mr. Kerry's replacement. "Prodded by a personal appeal from Senator Edward M. Kennedy," reported the Boston Globe in 2004, "Democratic legislative leaders have agreed to take up a stalled bill creating a special election process to replace U.S. Senator John F. Kerry if he wins the presidency." Now that the state has a Democratic Governor, Mr. Kennedy wants to revert to gubernatorial appointments.

                  http://online.wsj.com/article/SB10001424052970204884404574362541012511408.html

                  "Until that year, Massachusetts law had called for the governor to appoint a temporary replacement if a Senate seat became vacant. But when Senator John Kerry, a Democrat, was running for president in 2004, the Democratically-controlled State Legislature wanted to deny the Republican governor at the time, Mitt Romney, the power to name a successor if Mr. Kerry won. The resulting law requires a special election 145 to 160 days after the vacancy occurs."

                  http://www.nytimes.com/2009/08/27/us/politics/27succeed.html

                  Kennedy's letter acknowledges the state changed its succession law in 2004 to require a special election be held 145 to 160 days after the vacancy. At the time, legislative Democrats — with a wide majority in both chambers — were concerned because then-Republican Gov. Mitt Romney had the power to directly fill any vacancy created as Democratic Sen. John Kerry ran for president.

                  http://www.msnbc.msn.com/id/32487799/ns/politics-capitol_hill/

                  Seems there was some politicking involved, wouldn't you agree? WSJ, NYT, MSNBC all seemed to be saying the same thing...

                  • 1 vote
                  #5.7 - Wed Jul 7, 2010 3:26 PM EDT

                  Disgusted-nice to see you here today, too, dear.

                  Perhaps you should contribute something about the tone people use when posting-you know, about having respect for others views, not denigrating them-along that line.

                  I said what I did about W.V.'s election law because I only know what I have read recently-I don't know if there have been other exceptions, in other words. I then gave my OPINION.

                  I didn't call anyone names, nor was there anything snarky in my comment.

                  You, dear, are the onewith the problem. I'll remember that the next time you go off on a lecture tour about tone.

                    #5.8 - Wed Jul 7, 2010 3:59 PM EDT
                    Reply

                    Here we go again. If Joe follows the law we can keep the Senate seat until 2012. We are going to need every Senate vote we can get. I do not understand why he would not either appoint himself Senator or pick a qualified candidate now, one that would also have a chance to keep the seat, to fill the seat until 2012. Why open it up to an election now that may end up in a Republican win. Come on Joe, where's the balls???? WHAT DO YOU THINK THE REPUBLICANS WOULD DO??????

                    • 5 votes
                    Reply#6 - Wed Jul 7, 2010 12:44 PM EDT

                    Simple Democrats, they always bring a knife to a gunfight. Or maybe we're the simple ones for believing that they are actually intending to try to win the fight.

                      #6.1 - Wed Jul 7, 2010 1:38 PM EDT

                      Paul,

                      Looks more like a water pistol to me, and it ain't even loaded.

                        #6.2 - Wed Jul 7, 2010 1:41 PM EDT

                        Does it matter if a water pistol is loaded? We didn't think they had a gun in Mass. and Scott Brown shot down Martha Coakley with it.

                          #6.3 - Wed Jul 7, 2010 2:44 PM EDT

                          Touche'. LOL

                          • 1 vote
                          #6.4 - Wed Jul 7, 2010 4:36 PM EDT
                          Reply

                          Everyone here in WV pretty much likes Joe. I'm a Republican but I'll vote for him. The best outcome for the state is for him to run in November rather than appoint a puppet for over two years. The best outcome for the nation is to have one less Democratic Senator between now and November to rubber stamp Obama's desperate last minute power grabs. Once Congress turns over in November, and it will, we'll be happy to see Joe as our other Senator.

                          • 2 votes
                          Reply#7 - Wed Jul 7, 2010 1:49 PM EDT

                          It aint going to turn over Cleco-the GOP has elected too many whack jobs that excite the fringe base but will never win a general election being so extreme.

                            #7.1 - Wed Jul 7, 2010 2:37 PM EDT
                            Reply

                            I am a lifelong resident of WV and worked hard not only on both of Governor Manchin's gubernatorial campaigns but also on a couple of Senator Byrd's campaigns for Senate (only a couple as I am only 27). If Governor Manchin were selfish as some have alluded to, he would just appoint himself and be done with the ordeal; however, he wants to give the people of the state the opportunity to vote for him. I think this is quite admirable. So, rather than slam him for wanting to change the law to allow the people to have a say (especially when it is not your state in question), why not give him credit for giving the choice to the people of his (and Senator Byrd's) beloved West Virginia? RIP "Big Daddy"...we'll miss you!

                            • 4 votes
                            Reply#8 - Wed Jul 7, 2010 3:07 PM EDT

                            littleblondebabe

                            Couldn't agree with you more!!!!

                            Senator Byrd will be missed very much!!!!

                              #8.1 - Wed Jul 7, 2010 4:01 PM EDT

                              The governor better appoint someone ASAP who will help stop obama and the EPA before they put the entire coal industry out of work like the manufacturing already is.

                              • 1 vote
                              #8.2 - Wed Jul 7, 2010 4:14 PM EDT
                              Reply

                              Make it an election where the winner fills the two years remaining so W VA can get back on track. Anyone would be better than Byrd. I am sorry but anyone that overlooks his KKK leanings is giving respect and credit to a man that worked against freedom for all. I would have been embarrassed to call him husband, father, friend, grandfather. I guess he is meeting his maker and explaining . . . or trying to explain . . . some of the decisions he made. He was only shamed into leaving the KKK because it would cost him future votes.

                                Reply#10 - Wed Jul 7, 2010 4:51 PM EDT

                                Thank you for enlightening us all with what I am sure must be the product of a mountain of diligent research into the life and career of Senator Byrd. Too bad those idiot Presidents, Obama, Clinton and both Bush's paid homage to this "embarrassment"...If only they had been privy to the facts as you see them, they wouldn't have made fools of themselves lauding this "embarrassment" of a man, who worked against freedom for all.

                                We should all be told the tale of how..."He was only shamed into leaving the KKK because it would cost him future votes." I look forward to your "history of the democratic party and civil rights legislation, 1963-65" soon to appear in a major political journal where you spell it all out.

                                No one, and I mean no one overlooked the man's past, especially the man himself.

                                I learn so much here...

                                • 1 vote
                                #10.1 - Wed Jul 7, 2010 5:25 PM EDT
                                Reply

                                I support this.

                                Granted Machin is doubtless looking out for his own best interests getting the seat in a that doesn't look politically self motivated and could hurt his chances holding it in 2012. Capito is also doubtless looking out for her self interest also, deciding she has a better chance getting the seat in an open election rather than running against an incumbent.

                                But does it really matter? Regardless of the(expected) self-interest behind the push for change giving the people more power to select our own representatives is a good thing. The only people attacking this change are partisan hacks with no credibility.

                                  Reply#11 - Wed Jul 7, 2010 5:48 PM EDT

                                  Manchin CANNOT run for Governor in 2012. He is limited to two terms.

                                    Reply#12 - Wed Jul 7, 2010 8:19 PM EDT

                                    Well, since its the hills of W Virginia its sure to be a real barn burner! I figure the guy with the missing teeth in front will win, just like in all the other states! But thats an assumption and not concrete! I figure the one with the most money from corruption and ignorance will win carried by the most retards! Thats just how democracy is formed! ON the shoulders of the majority and hell with superiority!

                                      Reply#13 - Thu Jul 8, 2010 12:48 AM EDT

                                      He is play his hand, there will no special election. he will appoint some one next week. then run for this seat 2012 period.

                                        Reply#14 - Thu Jul 8, 2010 2:44 AM EDT

                                        Since when have the Democrats followed the law? they changed it twice in Mass. to suit themselves ( although the last change screwed them) so why not change it here too- for them the law is just an inconvenience to be altered as suits them

                                          Reply#15 - Thu Jul 8, 2010 6:12 AM EDT

                                          Appoint your wife and let her defer to you at the next election. The Senate needs another Democratic vote to get all the legislation through before mid-terms.

                                            Reply#16 - Thu Jul 8, 2010 8:55 AM EDT
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