Gone Too Soon?

Democrats and Republican senators alike echoed the sentiment today that the 92-year old West Virginia Senator, Robert Byrd, died too soon. Although it sounds asinine to say an almost centenarian died too soon, those words could actually ring true for the Democrats. It turns out, West Virginia law dictates that its governor, presently Democrat Joe Manchin, can only appoint an interim replacement for Byrd rather than a full term replacement, since Byrd died prior to July 3. (Yes, that's right, less than a week too soon.)

Specifically, pursuant to West Virginia election law, Manchin would have been able to appoint someone to serve the entirety of Byrd’s term if he died with less than 30 months left to go on a term that expires Jan. 3, 2013. However, with more than 30 months left of his term, the law dictates that Manchin must appoint an interim successor, much like Ted Kennedy's replacement in Massachusetts, until an election can be held.

The problem is, the law fails to define when a vacancy occurs, which means Democrats could get creative. Most would say it logically occurs at the time of death, but Reid and his gang could claim it happens when the senate informs the state or when the governor declares it. Moreover, the law for calling a special election is written in a way that suggests that it couldn't be held until the date of the next regularly scheduled election, which is in 2012. So, look for the Democrats to define it in a way that it occurs after July 3, 2010, so they can attempt to keep one more highly vulnerable senate vote just a little bit longer.