If it were not for some negative connotations, Lincoln Countians and West Virginians in general would be entering an exciting period of our state's history.
While all West Virginians mourn the passing of our beloved 92-year-old United States Senator Robert C. Byrd, nearly everyone believes historic precedents are about to be set in the Mountain State.
Since Senator Byrd died when he did, there was more than two-and-one-half years remaining on his term. Under state law, when that much time remains, a special election is required to fill the vacancy. But Secretary of State Natalie Tennant found a quirk in West Virginia law that says elections can only be held when candidates file for office. Since the filing period for 2010 had passed, Tennant concluded, any special election would have to wait until 2012.
Almost nobody was happy with that conclusion. Other elected leaders, including Attorney General Darrell McGraw, concluded that a special election should definitely be held this year. Holding such an election in 2012 negated the requirement for a special election, in practical terms. After all, Byrd's regular term is due to expire on December 31, 2012 and anyone elected in a November 2012 special election would only serve four or five weeks as a senator.
Although McGraw is the state's lawyer who is bound to represent all elected officials in points of legal controversy, Governor Joe Manchin was not satisfied to accept McGraw's advice. Instead, the governor called for a special legislative session to "clear up" any questions about how a special election would be held. Incredibly, Manchin, who once served as a state senator, said he thought the legislature could meet and "clarify" the law in one day. Pundits suggested the West Virginia legislature could not meet to give itself a pay raise and settle matters in a single day session.
Thus, the session dragged on for days with the final conclusion being virtually the same as McGraw's suggested opinion, except that sufficient votes were not available in the house of delegates to make the bill effective from passage. Instead, it appears that Manchin will exercise his right as governor, call a special election and establish the rules himself. Under this plan, candidates will file this week for a special primary to be held at the end of August. The special general election will be held on November 2, coinciding with the regular election held this year.
As noted earlier, all of this is an exciting activity for politicians and voters across the state. While most realize it will be impossible to fill the shoes of Senator Byrd, it is an exercise in democracy that proves fascinating on its face. Still, one wonders why so many maneuvers were required just to call the election. In many instances, elected leaders appear to be self-serving.
Complicating the process in Lincoln County, as well, is the need to determine how to hold a special election, while an election contest of the May 11 primary continues in circuit court. Voting devices that were impounded for the contest hearings will now be required for the special senate election. While it appears that a solution to that problem has been worked out, there will, no doubt, be added skepticism about how the matter is handled and whether all rights are being protected.
This is yet another reason we, and others, have urged that this May primary contest be resolved quickly. The complications, caused by continuing to try to determine the real outcome May 11, go beyond mere inconvenience; they strike at the heart of our republican form of government.
So, while many across the state are anxiously looking forward to the special election, Lincoln Countians are left to ponder what the results of the May primary really are. And, as noted in previous editorials, media across the state retains a reason to plunder Lincoln County and accuse anyone and everyone of political shenanigans.
While nothing could likely have been done to prevent us from getting where we are, the situation is regrettable. Let us hope, somehow, that the May primary will be decided before the November regular election is upon us.
