
The new CNN/Time poll of the West Virginia Senate race shows a tie in the contest to succeed the late Democratic Sen. Robert Byrd. Furthermore, the race could potentially be spoiled -- though who knows how -- by a left-wing third party with a very rural-friendly name.
The poll has Democratic Gov. Joe Manchin and Republican businessman John Raese tied at 44% each, plus 5% for Jesse Johnson with the "Mountain Party," the state affiliate of the Green Party. The survey of likely voters has a ±3.5% margin of error. There is no prior CNN/Time poll of this race for direct comparison.
The TPM Poll Average gives Raese a lead of 48.4%-45.4%.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)So just who is John Raese, the Republican businessman who could potentially be West Virginia's next Senator, if he wins the special election for the seat formerly held for over 50 years by the late Democratic Sen. Robert Byrd? He's a man who has been longtime political fixture in the state, but never actually winning anything -- except perhaps until now.
Raese comes from a family with a large presence in West Virginia business. He is president and CEO of Greer Industries, a major mining company, and also president of the West Virginia Radio Corporation, which owns more than 25 radio stations. He has run for office three times before, each time unsuccessfully.
He first ran for Senate way back in 1984, losing by a narrow 52%-48% against Democrat Jay Rockefeller in an open-seat race, which was held in the middle of the 1984 Reagan landslide. He later ran for governor in 1988, challenging the scandal-plagued Republican incumbent Arch Moore in the GOP primary, losing by 53%-47%. He ran for Senate again in 2006, challenging Byrd -- and spent $2.2 million of his own money -- ultimately losing by a very wide margin of 64%-36%.
With a Stassenesque electoral record like that, one would think of Raese as a sacrificial lamb on his way to yet another defeat. But maybe not this year -- as of right now, he's ahead, with a current lead of 49.4%-43.4% in the TPM Poll Average against Democratic Gov. Joe Manchin. And this is despite the fact that Manchin remains an overwhelmingly popular figure as governor.
"I've been a conservative in West Virginia before that was popular," Raese told CNN. "I've seen a change in West Virginia. Not a change in John Raese, but a change in West Virginia and a change in America.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Gov. Joe Manchin (D-WV), the Democratic nominee in the West Virginia Senate special election, is now taking a very bold step -- his administration is suing the Obama White House over its coal mining policies.
As the Associated Press reports:
Manchin on Wednesday denied any connection between the federal lawsuit and his campaign to finish the remaining two years of the late U.S. Sen. Robert C. Byrd's term.PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)
The Democratic governor said the suit was already being prepared amid rising concern that U.S. coal policies harm West Virginia's mining economy months before Byrd died in June. The state hired a Charleston law firm to prepare for a suit and state Environmental Protection Secretary Randy Huffman said in June that litigation was imminent.
"Over the past year and a half, we have been fighting President Obama's administration's attempts to destroy the coal mining industry," Manchin said at a news conference Wednesday.
The new Fox News poll of the West Virginia Senate race is giving Republican businessman John Raese a solid lead against Democratic Gov. Joe Manchin, in the race to succeed the late Dem Sen. Robert Byrd.
The numbers: Raese 48%, Manchin 43%. The survey of likely voters has a ±3% margin of error. There is no previous Fox News poll of this race. However, this poll was conducted through a Rasmussen offshoot, Pulse Opinion Research, which performs made-to-order robopolls. In the previous Rasmussen poll from last week, Raese led by 48%-46%.
One key number is that Manchin is actually very popular, with a 66% approval rating and only 24% disapproval of his job as governor, while Raese's personal favorable rating is at only 42%-37%. But on the other hand, President Obama's rating here is a ghastly 29%-65% -- and that is likely what's dragging Manchin down and bringing Raese up.
The TPM Poll Average gives Raese a lead of 48.1%-43.6%.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)In a sign of national Democratic concern about the West Virginia Senate race, the Democratic Senatorial Campaign Committee has a new TV ad attacking the Republican nominee, businessman John Raese, for his right-wing stances on economic issues in this blue-collar state.
"John Raese. He wants to eliminate the minimum wage. Failed to pay workers compensation for on-the-job injuries," the announcer says. "But one thing John Raese does support: A pledge that protected tax breaks for corporations who ship our jobs overseas. It's true. Protecting tax breaks that reward corporations for sending our jobs overseas.
"West Virginia working families, we can do better -- and we have to."
This ad comes on the heels of recent polls that have shown Raese narrowly leading Democratic Gov. Joe Manchin in the race thanks to the state's high disapproval of President Obama. For example, a Public Policy Polling (D) survey last week put Raese ahead by 46%-43%, and a Rasmussen poll released this morning puts him ahead by 48%-46%. Republican advertising has aggressively tied Manchin to Obama, so the Dems are firing back by going after Raese's background in big business.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)In a big development in the West Virginia Senate race, the new Rasmussen poll shows Republican businessman John Raese taking a narrow lead over Democratic Gov. Joe Manchin, in the race to succeed the late Dem Sen. Robert Byrd.
The numbers: Raese 48%, Manchin 46%. The survey of likely voters has a ±4.0% margin of error. The previous Rasmussen poll from last week was quite different, with Manchin ahead by 50%-43%.
From the pollster's analysis: "This race has been closer than expected for weeks as Manchin, despite his popularity with voters in the state, faces an electorate that is even unhappier with the national Democratic agenda than voters in most other parts of the country."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Gov. Joe Manchin (D-WV), the Democratic nominee in the hotly-contested special Senate election for the seat once held by the late Dem Sen. Robert Byrd, has now taken a serious move that distances himself from the national Democrats in this Republican-trending state, Real Clear Politics reports -- calling for a partial repeal of the health care reform law.
"I believe in health care reform. I don't believe in the way this bill was passed," Manchin said Sunday afternoon. "Why they overreached, I don't know."
Pressed on his support for repeal, Manchin clarified that he favored "repealing the things that are bad in that bill." He ticked off a list of reforms in the law that he supports and asserted there is broad agreement in both parties for many of them. "Can't you keep that as a good base?" he said, adding, "It's a great bill." He emphasized that he's not calling for wholesale repeal and just wants to roll back parts of it but said, "You do need to."
It's interesting to note that nearly all of the Republican ads against Manchin have focused on attacking him as being too closely tied to President Obama, with health care mentioned as a key issue. But now he's sending a message that no, he's not tied to Obama on health care.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Another Democratic-held seat has emerged as a hotly-contested race this year: The West Virginia seat held by Dem Sen. Robert Byrd for over 50 years, until his death this past June created an opening in a state that has been trending to the GOP for the last decade.
Early on in this race, things looked especially good for Democrats. They'd recruited popular Democratic Gov. Joe Manchin to run for the seat, while the Republicans' strongest potential candidate, five-term Congresswoman Shelly Moore Capito, announced that she would not run. Instead, the Republicans ended up getting behind a long-time unsuccessful candidate, businessman John Raese. Manchin appointed a former aide, Carte Goodwin, to hold the seat but not run for a full term.
Raese previously ran for the Senate way back in 1984, losing by a narrow 52%-48% against Democrat Jay Rockefeller, in an open-seat race held in the middle of the Reagan landslide that year. He ran again in 2006 as Byrd's Republican challenger, spending $2.2 million of his own money on that race, and ultimately losing by a much heftier 64%-36% against a long-standing incumbent who was very much a state political institution.
But now things have started to get very close. The reason is simple: President Obama is highly unpopular in West Virginia.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The attack ads are now flying in the West Virginia Senate race, where Republicans hope to beat two-term Democratic Gov. Joe Manchin in a state that has been trending their way -- and thus capture the seat that was held for over 50 years by Democratic Sen. Robert Byrd.
The National Republican Senatorial Committee has now launched a $1 million ad buy against Manchin. Polling data has consistently shown Manchin himself to be very popular in this state, and he is without a doubt the strongest candidate that the Democrats could have recruited for the race. But the GOP has an argument on its side, too -- President Obama remains very unpopular in West Virginia, a state where he received a mere 43% of the vote back in 2008, and has only gone downhill since then. As a result recent poll have shown either Manchin or Republican businessman John Raese ahead by close margins.
The new NRSC ad continues the anti-Obama theme. "Joe Manchin supports Barack Obama's big government agenda," the announcer says, naming issues as the stimulus and health care reform. "Big spending. More government. Less freedom. We don't want a rubber stamp for Obama. We can't afford Joe Manchin in Washington."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The U.S. Chamber Of Commerce is dropping a flurry of TV ads in key Senate races across the country as we step into the final weeks of 2010 election season. The group has pledged $75 million in spending this cycle -- and if the first $2 million is any judge, most of that money is going to help Republicans.
Via the AP:
[The Chamber] has the biggest footprint, spending $1 million in Florida against Gov. Charlie Crist, who is running for the Senate as an independent. The chamber has endorsed the Republican candidate, Marco Rubio. The chamber is spending $500,000 in Kentucky against Democrat Jack Conway. The chamber this week endorsed Republican Rand Paul, and it is spending about $300,000 in New Hampshire against Senate Democratic candidate Paul Hodes and $250,000 in Colorado against Democratic Sen. Michael Bennet.
Not all of the Chamber's support is going to the GOP however. Just today, the Chamber announced it's backing Gov. Joe Manchin (D-WV) in the special election to fill the late Robert Byrd's Senate seat. No word yet on whether the group will buy pro-Manchin ads, but some recent polling shows the governor may need the help.
Here now are a sample of the Chamber's all-negative, all pro-GOP TV ads up across the country at the moment:
The Republican who hopes to replace the late Sen. Robert Byrd (D) in West Virginia, wealthy businessman John Raese, is up with a new TV commercial that -- not surprisingly -- tries to tie the Democratic nominee, Gov. Joe Manchin, to the policies of President Obama. What is at least a little surprising about it is that the ad attempts to make its point about how close Obama and Machin are by showing a photo of the two men sharing a moment at Byrd's memorial service in July.
The Byrd family has cried foul, calling the use of the photo in the ad "tasteless and insensitive." Raese's campaign claims it didn't know where image was taken before using it.
"That's a stock photo," Raese campaign manager Jim Dornan told the AP. "We had no idea it was from the memorial service."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)Candidates are starting to pile up in West Virginia's special Senate election. Democratic Gov. Joe Manchin remains the frontrunner to succeed the late Dem Sen. Robert Byrd, but some other old names have been popping up -- some very old names.
Yesterday, Rep. Shelley Moore Capito announced that she would not run, depriving the GOP of its seemingly strongest potential candidate. Had she run, Capito would have started out as an underdog -- a Rasmussen poll from two weeks ago had Manchin leading her by 53%-39%. Nevertheless, she did seem like the best possible GOP candidate in a state that has been trending to the GOP, but where the party's bench is very thin.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Rep. Shelley Moore Capito (R-WV), who would have probably been the strongest potential Republican candidate in this fall's special Senate election for the late Democratic Sen. Robert Byrd's old seat, has decided not to run.
The news was first reported by the Washington Post, and was also confirmed to TPMDC by a Republican source.
Democratic Gov. Joe Manchin officially jumped into the race yesterday. A Rasmussen poll from a week and a half ago gave Manchin an initial lead of 53%-39% over Capito, making him the early favorite in the race despite the state's recent trends toward the national GOP. It's also interesting to note that Capito would not have had to give up her House seat to run -- the law that the state just passed in order to hold this election would have allowed current candidates for other offices such as herself to run for both simultaneously, as a concession in order to gain GOP support.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Sen. Carte Goodwin (D-WV) has been sworn into office by Vice President Joe Biden, following his appointment last Friday by Gov. Joe Manchin, to serve as a temporary Senator in the seat formerly held by the late Democratic Sen. Robert Byrd.
Goodwin, a former general counsel in Manchin's administration, will serve in the seat through this November, when a special election for the seat will be held. Manchin is now running in that election, and is probably the strongest candidate that Democrats could have gotten for the race in a state that is historically Democratic but has been trending to the right.
Goodwin's interim appointment, however, will have an immediate effect: The expected passage today of an extension of unemployment benefits, for which he will provide the 60th vote.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)West Virginia has passed legislation to hold a special election this November to replace the late Democratic Sen. Robert Byrd, with Dems and Republicans compromising on key provisions. Dem Gov. Joe Manchin, a potential candidate in that same election, signed it into law Monday night.
The special election law, designed to fix the state's highly ambiguous pre-existing statute, provides for a primary this August 28, with the general election being held at the regular time this coming November. A two-thirds majority was needed in order to have the law take effect immediately, a requirement that briefly delayed the bill. As the Charleston Daily Mail reports, a key compromise for Republican support involved allowing candidates who have already filed for election this year to simultaneously run for the Senate seat -- clearing the way for GOP Rep. Shelly Moore Capito to run for both the Senate seat and her House seat if she so chooses.
A Rasmussen poll from a week and a half ago gave Manchin an initial lead over Capito of 53%-39%. Manchin has a press conference scheduled for 10 a.m. ET today, at which he will announce whether or not he will run.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The effort in West Virginia to change the state's ambiguous election laws in order to hold a special election for the seat of the late Democratic Sen. Robert Byrd has hit a snag, with legislators unable to reach the supermajority required to have a bill take effect immediately.
This could potentially lead to further legal wrangling if Democratic Gov. Joe Manchin were to call an election for this November anyway, though for now the seat will be filled by Manchin's recent appointee, Democratic Sen.-designate Carte Goodwin.
Manchin is widely expected to run in the special election, and would start out as the frontrunner -- but first he has to hold the election itself. He had previously obtained a legal opinion from state Attorney General Darrell McGraw (D), analyzing the state's unclear statute on this subject, saying that he could proclaim an election. But clearly Manchin preferred to do this through a full legislative route.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Gov. Joe Manchin (D-WV) has officially announced the appointment of his former general counsel Carte Goodwin as West Virginia's new Senator, temporarily filling the vacancy created by the death of Democratic Sen. Robert Byrd.
Manchin opened the press conference by announcing that he had already filed the necessary paperwork with West Virginia Secretary of State Natalie Tennant (D), appointing the 36-year-old Goodwin to the Senate. "He will join the United States Senate as the youngest Senator serving, and it is fitting that he is replacing the most beloved, the most historic figure that the Senate has ever known, and who happened to be the oldest. What a tremendous signal I think that shows of West Virginia, and what an opportunity we have to show that we passed the torch to a new generation."
It is expected that Goodwin will not seek election in his own right, but instead that Manchin himself will run in a special election to be held this November. Manchin said that the legislature has some final work to do on a bill for holding the election, but that it is almost there after a thorough process. Manchin also thanked the White House, Senate Majority Leader Harry Reid (D-NV), and West Virginia's Sen. Jay Rockefeller (who was himself at the event) for their patience in allowing the process to go through.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)The Associated Press reports that West Virginia Gov. Joe Manchin (D) will appoint his former general counsel Carte Goodwin as an interim Senator, for the seat formerly held by the late Democratic Sen. Robert Byrd.
Manchin's official announcement of the appointment will be made at 2 p.m. ET today.
Manchin is heavily expected to run in a special election this November, with the appointed Senator serving only until that time and not running for the seat. A recent Rasmussen poll shows Manchin starting out in a special election with double-digit leads against two potential Republican candidates.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Gov. Joe Manchin (D-WV) has released an official proposal for a proposed state law to clear up the legal situation on replacing the late Democratic Sen. Robert Byrd, which will be debated and potentially passed in a special legislative session this week:
If the legislation is passed, then the governor can proclaim an election this November to fill the U.S. Senate seat, which would include a special primary election, probably to be held in August or September.PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)
...
There are various election deadlines, some that are in federal law and cannot be waived, that the state must follow in order to hold a valid special election that includes a primary. The governor and the secretary of state have been meeting with a bipartisan group of county clerks to outline the process for a special primary and special general election.
Democrats in Washington might want to nudge West Virginia governor Joe Manchin to name a replacement for Sen. Robert Byrd already.
The good news for Dems is that tonight, in a statement to reporters, Sen. Olympia Snowe (R-ME) hopped aboard the Wall Street reform train. "I intend to support passage of the legislation when its brought before the Senate," she said. That would make 60 votes -- enough to overcome a filibuster -- but now a Democrat is hanging out in the undecided camp, preventing the package from coming to the cloor
The bad news: Sen. Ben Nelson (D-NE) explicitly told reporters this evening he's not committed to voting for the legislation, citing a handful of measures, and concern about potential future directors of the Consumer Financial Protection Bureau.
Coy no more. Sen. Scott Brown (R-MA) says he expects to vote for the Dems' Wall Street reform bill.
"While it isn't perfect, I expect to support the bill when it comes up for a vote," reads a statement from Brown's office. "It includes safeguards to help prevent another financial meltdown, ensures that consumers are protected, and it is paid for without new taxes."
By remaining undecided, Brown and other Republican moderates forced Dems to put off passing the Wall Street reform bill and sending it off to the White House until after the July 4 recess. That's a familiar pattern: Senate Republican leaders have pushed swing vote Republicans to at least delay passage of Democratic initiatives.
Brown now gives Dems 59 votes. They'll still need both Maine senators if they hope to pass the bill before West Virginia governor Joe Manchin appoints a replacement for Robert Byrd. One of them, Susan Collins, has indicated her support, but Dems are still shy one commitment: Olympia Snowe. According to Senate leadership, a vote on the final legislation could come as early as this week. You can read the entire statement below the fold.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Gov. Joe Manchin (D-WV), the apparent frontrunner for the Senate seat of the late Democratic Sen. Robert Byrd is pushing back his decision on whether he will run, as the state sorts out the confusing legal situation on the seat.
Manchin told Politico over the weekend that he would delay his decision on whether to run -- though he again said it is "highly likely" he will run -- until a special session of the state legislature corrects the state's ambiguous law on whether to hold a special election, and he appoints someone as an interim Senator. "My intentions [on a Senate bid] would be third, that's the last thing I would do," Manchin said.
Manchin said that the state legislative process could be taken care of later this week, on Thursday. "We all agreed to have a special session on Thursday at noon," Manchin said. "At that point, we should have legislation presented, they should look at it, approve it, adjust it, whatever -- but come out with a clear understanding of how we proceed to have the election this November with a primary, if they desire, this September or whenever."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)West Virginia seems to be on track to hold a special election this November to replace the late Democratic Sen. Robert Byrd, who passed away two weeks ago after 51 years in office. Without the unstoppable Byrd incumbency to keep the seat safely in Democratic hands -- in a state that has voted Republican in the last three presidential races -- what might this race look like? We're about to find out.
[TPM SLIDESHOW: Sen. Robert Byrd: 1917-2010]
The race really starts this week. The Democrats' candidate in waiting, Gov. Joe Manchin, says it is "highly likely" that he will run. Though he'd said last week that he'd announce his intentions today, Manchin has since pushed back his official decision to Thursday at the earliest, in order for the state legislature's special session to address the law on a special election. He still says that it is is "highly likely" he will run.
In both the 2004 and 2008 elections, Manchin won his gubernatorial races with 64% of the vote, while George W. Bush and John McCain carried the state by 56%-43% margins. So Manchin performed 21 points ahead of the Democratic presidential candidates. But although Manchin would begin as a definite frontrunner, this nevertheless will present a key race for a Democratic seat in a state that has been trending to the GOP in national races.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Gov. Joe Manchin (D-WV) told Politico that he will declare on Monday what his intentions are on whether to run in the likely special election this year to succeed the late Democratic Sen. Robert Byrd -- and that he is likely to run.
Manchin also said that only "procedural" issues remain as an obstacle, as the state sorts out its unclear laws on who would succeed him as governor if he were to be elected to higher office. The state is also in the middle of sorting out its unclear laws on a special Senate election, too, after Manchin secured a legal opinion from state Attorney General Darrell McGraw that one could go forward this year.
Manchin also appeared on MSNBC this morning, and said that the legislature had a responsibility to come back into a special session and clarify the laws "as quickly as possible" on how the election would be held, and who would succeed him as governor. Manchin reaffirmed that the timeline for him appointing an interim Senator could be placed on hold while these matters are handled.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The new Rasmussen poll of West Virginia finds that Democratic Gov. Joe Manchin starts out as a decently strong frontrunner in a potential special Senate election this fall, which has become a likely scenario in the process to replace the late Democratic Sen. Robert Byrd.
Manchin leads Republican Rep. Shelly Moore Capito by 53%-39%, and leads former West Virginia Secretary of State Betty Ireland by 65%-26%. The survey of likely voters has a ±4.5% margin of error.
West Virginia appears to be on track to hold a special election this November, with Manchin likely appointing an interim Senator who will not seek a full term. Secretary of State Natalie Tennant (D) announced last week that there would not be an election, but instead a gubernatorial appointment to last through November 2012, based on the state's confusing statute on the subject. However, Tennant herself stated her disagreement with this outcome and called for the law to be changed, and Manchin obtained a legal opinion from state Attorney General Darrell McGraw (D) that allowed an election to go forward this year. Manchin has ruled out appointing himself, but has appeared to be very open to running in the election.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)West Virginia Attorney General Darrell McGraw (D) has issued a legal opinion saying that there can be a special election this year for the Senate seat formerly held by the late Democratic Sen. Robert Byrd. This decision will likely set the process in motion for an election, with the possibility of an interim appointment made by Dem Gov. Joe Manchin -- who would also be the Democrats' strongest possible candidate.
Secretary of State Natalie Tennant (D) announced last week that there would not be an election, but instead a gubernatorial appointment to last through November 2012, when the term would have been up anyway. This result struck many people as odd or counter-democratic, but was actually the product of the state's very confusing statute on the subject, and in fact had a binding legal precedent from the 1990s.
However, Tennant herself stated her disagreement with this outcome, and Manchin sought the legal opinion from McGraw on the subject, with Manchin also preferring to hold an election this year and to potentially change the law if necessary. Manchin has categorically ruled out appointing himself, but with this ruling he could potentially appoint another person and then run for the election this November.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)At a press conference just now, Gov. Joe Manchin (D-WV) announced that he would try to hold a special election this year for the Senate seat formerly held by the late Democratic Sen. Robert Byrd. Manchin also said that he might run in that special election.
His announcement came in response to an announcement from the Secretary of State that there would only be an appointment to the seat, with no new election until 2012. And for now, the matter of filling the seat is being placed on hold -- though Manchin again categorically ruled out appointing himself to the seat, while also keeping the door wide open to running in an eventual election.
At one point, a reporter asked Manchin whether he would run in a special election held this year. "I would highly consider that. I truly would. I always want to put myself in a position to help the people of West Virginia," said Manchin. He then went on to sound very much like a candidate in waiting, talking about the decline of civility and cooperation in Washington, and how he believes he can bring West Virginia's own issues to the forefront while improving the dialogue.
Manchin announced that he is asking state Attorney General Darrell McGraw (D) to write up a formal opinion on the law, which Manchin hopes could come by the beginning of next week or earlier. "Now with all that being said, I will not move forward on this appointment or the succession process until the Attorney General's opinion is rendered," said Manchin.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)West Virginia Secretary of State Natalie Tennant (D), who announced earlier this year that there would not be a special election this year to fill the seat of the late Democratic Sen. Robert Byrd, is now calling upon the governor and legislature to change the law to do just that.
Tennant announced earlier this week that there would not be an election, but instead a gubernatorial appointment to last through November 2012 -- at which time there would be two elections, one being for the next regular term and the other for the remaining roughly five weeks of the current term. This result, which struck many people as quite odd, was in fact the product of the state's very confusing statute on the subject, and indeed it had a binding precedent from the 1990s.
"I understand that people can believe that the Legislature did not intend such a lengthy delay when the process was changed in 1990. Nevertheless, the Supreme Court interpreted the Legislature's intent in 1994 and the Court's decision controls the law until either the Court makes a new ruling or the law is amended by the Legislature," Tennant said in a press release. She also added: "I do not have the authority to make the law into whatever I personally prefer it to be. Therefore, I request that the Governor call a special session to address the state's succession law, not only as it relates to a U.S. Senate vacancy but a Gubernatorial one as well."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Former President Bill Clinton referenced the late Sen. Robert Byrd's membership in the Ku Klux Klan as a young man during his eulogy for the longtime senator this afternoon in West Virginia. Clinton was the only speaker to reference this dark chapter of Byrd's history, which has been a topic of much discussion over the years.
Many of Byrd's colleagues have said that Byrd learned from the experience and that he championed civil rights later, and took pride in endorsing Barack Obama in his bid to become the nation's first black president.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Sen. Ben Nelson (D-NE) last night prevented his fellow Democrats from finally passing legislation to extend needed unemployment insurance benefits to out of work Americans. It was the third time the legislation, which has been repeatedly pared down and reshaped in the hunt for votes, has failed to overcome a filibuster. But it was the first time that success or failure rested on a single deciding vote. And because Nelson, the most conservative Democrat in the Senate, joined Republicans and blocked the bill, it will likely not pass until mid-July, after the Senate returns from Independence Day recess. By then Robert Byrd's replacement will be seated, and Dems will have the votes they need to pass their jobs bill.
Here's what happened.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Byrd To Lie In State In Senate Chamber
The late Sen. Robert Byrd (D-WV) will lie in repose today in the Senate, the chamber where he served for over 50 years. The Associated Press highlights the rarity and significance of the event in modern times: "It is fairly common for people of national import to lie in state or in honor in the Rotunda, the great hall in the center of the Capitol. Former Presidents Ronald Reagan and Gerald Ford were honored in the Rotunda in 2004 and early 2007, and civil rights leader Rosa Parks in 2005. But while 45 people, including 19th-century Senate greats such as John C. Calhoun, Henry Clay and Charles Sumner, were commemorated on the Senate floor after their deaths, the last to lie in repose in the Senate was William Langer of North Dakota in 1959."
Obama's Day Ahead
President Obama will receive the presidential daily briefing at 9:30 a.m. ET. He will meet at 10 a.m. ET with Secretary of the Treasury Tim Geithner. He will deliver a speech at 10:50 a.m. ET, at American University, on comprehensive immigration reform. He will have lunch with business leaders at 12:15 p.m. ET. Obama and Vice President Biden will meet at 3:05 p.m. ET with Senate Majority Leader Harry Reid (D-NV). Obama and Biden will receive a briefing at 3:35 p.m. ET on the BP Deepwater Horizon oil spill. At 4:20 p.m. Et, Obama will welcome the Women's Professional Soccer Champions Sky Blue FC Champions to the White House. Obama will meet with Biden at 5:35 p.m. ET. Then at 6:15 p.m. ET, Obama will sign the Iran Sanctions Bill.
Scott Brown's playing cute, but his fellow moderate Republican Susan Collins says she's basically ready to vote for Wall Street reform.
"Based on my initial review of the conference review, I'm inclined to support it," Collins told reporters this afternoon after a Senate vote. "I believe that it will improve the regulation of financial institutions and much needed transparency to the process, and that it will help prevent the kinds of risky practices that triggered this recession.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)President Obama said today that he's "confident" about financial reform's prospects, even after the death of Sen. Robert Byrd (D-WV), a key vote for reform that Democrats are now hard pressed to replace.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Sen. Susan Collins (R-ME) joined Sen. Scott Brown (R-MA) this evening, putting herself back into the undecided column on Wall Street reform legislation, after House and Senate negotiators added new fees on banks to the final bill late last week.
"It was not part of either the House or Senate bill and was added in the wee hours of the morning. So I'm taking a look at the specifics of that and other provisions as well," Collins told reporters this evening outside the Senate chamber.
If both she and Brown oppose financial reform over bank fees, it could stall or even kill the legislation. Democrats would have to sweep the remaining swing votes--Sens. Olympia Snowe (R-ME), Chuck Grassley (R-IA), and Maria Cantwell (D-WA)--to pass the legislation. They want to pass the bill this week, but the death of Sen. Robert Byrd has thrown into doubt whether they'll have the votes lined up before the fourth of July recess.
Will Republicans challenge West Virginia's Secretary of State in court, and demand that a special election for the late Sen. Robert Byrd's seat be held before 2012? So far, it doesn't look like it.
A Republican source in West Virginia told us that West Virginia Secretary of State Natalie Tennant's (D) interpretation of the law was "on point," though they don't like the law itself. "In other words, we don't think that the Secretary of State is politicizing her role here, but we do think the code itself has been politicized in the legislative sessions."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)West Virginia Secretary of State Natalie Tennant (D) has announced that there will not be an election for the Senate seat formerly held by the late Democratic Sen. Robert Byrd until 2012 -- with Gov. Joe Manchin (D) set to make an appointment to serve until that time.
West Virginia's state law was ambiguous, even confusing, on this whole subject. In her remarks, Tennant even referred to it as "an interesting document." If the vacancy occurs with less than two years and six months in the term (the key date being this coming July 3), then the law doesn't require any further special election until Byrd's term would have come up anyway, at the regular election in 2012. So it might seem as if there should be a special election this year.
But here's the catch: The filing period and primaries already passed us by this year. With the state apparently not required to set up a new special election filing, that means there will not be another election until the next filing period in 2012. And when that election does get held, there will in fact be two elections -- one for the regular term that would have come up in 2012, and another for the final five weeks of Byrd's term, with the winner replacing the appointed Senator.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Sen. Russ Feingold (D-WI) is officially out. Feingold insists he will vote to block the final Wall Street reform legislation, after the end-stage negotiations failed to strengthen the bill.
"As I have indicated for some time now, my test for the financial regulatory reform bill is whether it will prevent another crisis," reads a statement from Feingold's office. "The conference committee's proposal fails that test and for that reason I will not vote to advance it. During debate on the bill, I supported several efforts to break up 'too big to fail' Wall Street banks and restore the proven safeguards established after the Great Depression separating Main Street banks from big Wall Street firms, among other issues. Unfortunately, these crucial reforms were rejected. While there are some positive provisions in the final measure, the lack of strong reforms is clear confirmation that Wall Street lobbyists and their allies in Washington continue to wield significant influence on the process."
Still no word from Sen. Maria Cantwell (D-WA), the other Democrat who opposed the legislation from the left. If she doesn't change her vote, the Wall Street bill will be in limbo. On Friday, Sen. Scott Brown (R-MA) threatened to retract his support for the bill. Between that and Robert Byrd's death this morning, the Wall Street bill will not have enough votes to pass, at least until Byrd's successor is seated.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)President Barack Obama has issued a statement to mark the passing of Sen. Robert Byrd (D-WV), the longest serving senator in U.S. history.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)The legal and political situation surrounding the Senate seat formerly held by the late Sen. Robert Byrd (D-WV) remains murky for now. West Virginia's governor will undoubtedly appoint Byrd's replacement. But it remains unclear whether that successor will serve the full remainder of Byrd's term through 2012, or whether a special election will also be held this year.
State law provides for an appointment in any case. If the vacancy occurs with less than two years and six months in the term (the key date being this coming July 3), then the law doesn't require any further special election until Byrd's term would have come up anyway, at the regular election in 2012. With a vacancy of more than two years and six months, the law calls for a special election, with a temporary appointment.
But when does a vacancy officially occur? Is it when Byrd died last night? Upon the state officially declaring a vacancy? Or the Senate officially declaring a vacancy? So far, no definite answers have been revealed.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Today the Senate will mourn the passing of its longest serving member in history, Robert Byrd (D-WV). But by week's end, Democrats want to pass final -- and unamendable -- legislation, rewriting the rules that govern Wall Street. And they have no margin for error -- or for losing a colleague.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)