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Proposed 2011 WV Legislative Agenda: Clean Up Your Mess

by: Clem Guttata

Fri Dec 24, 2010 at 04:50:27 AM EST


(I'm posting this diary again... the first half has worked itself out but the second half is just as true three weeks later. The legislature needs to clean up its mess! - promoted by Clem Guttata)

By Clem Guttata

In yesterday's Daily Mail, Jared Hunt reports that House Speaker Rick Thompson is unhappy with how the preparations for the next legislative session are going.

Thompson says that acting Gov. Earl Ray Tomblin isn't doing his job of acting Gov. effectively. Preparations for the Jan. session are not moving along as usual.

Thompson says he's not getting the information he needs to properly prepare for the upcoming legislative session.

"I've not had any communication from him whatsoever since he's become acting governor," Thompson said in a phone interview Wednesday. "Nothing at all. I've seen him at a few events, but there was no discussion on anything."

[snip]

With the regular 60-day session to begin in less than three weeks, Thompson says he's still unsure as to what Tomblin's legislative agenda for the next year might be.

A Six Day Plan

Here's an idea. How about the legislature just cut this 60-day session down to 6-days and pass a single bill: one resolving the constitutional mess around governor succession and separation of powers.

Legislative leadership totally dropped the ball in the past by creating ambiguous legislation for a widely anticipated event. So far, they're not showing much better leadership in dealing with the circumstances. Here's a chance to set things right.

Clean up your mess and then take some time off until there's a duly elected Gov. leading the administrative branch of government.

Then all the members of legislative branch can return in a constitutionally unambiguous manner, end all this squabbling, and get back to the people's business.

Clem Guttata :: Proposed 2011 WV Legislative Agenda: Clean Up Your Mess
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special election timing (0.00 / 0)
Just answered a question on Facebook and realized this is probably a common one...

Q) Why does there have to be a special election if there was a succession from Gov. Manchin to acting Gov. Earl Ray Tomblin?

A) The key here is that WV does not have a Lt. Gov. who succeeds the Gov. Instead the Senate President becomes an acting Gov. until a special election is held to elect the next Gov.

The WV constitution requires that a special election be called to fill the Gov. seat. The question at hand is not if an election will be called, it is when it will happen. That's the big issue the state supreme court just heard oral argument about.

Senate President Tomblin, acting Gov., says the special election should happen at the same time as the regular election in Nov. '12 with the winner of the special election being Gov. for just a month and a half. (As acting Gov. he's also the one who gets to decide when to call for the election.)

Others argue it makes no sense for someone acting as Gov. to serve for half of a regular term. Among those folks there are opinions that the election should be concluded ASAP (within 120 days) or held in Nov. '11.

So, it comes down to these options. Hold a special election:
A) As soon as possible (3-6 months depending if primaries or conventions),
B) In Nov. '11, or
C) In Nov. '12 (at same time as reg. election).

I'm in favor of A and take it two steps further:
(1) the legislature should go ahead and vote that way instead of making the court decide, and
(2) the leg. should head home after that and wait until after the Gov. election is over to do the rest of their regular session work.

I'm not holding my breath for either to happen... but if I had magic-genie-in-a-bottle powers, that's the magic wand I would wave. :-)


Congressional vacancies (4.00 / 2)
A lot can be learned from the WV Code section on filling vacancies in the U.S. House of Representatives:

§3-10-4.:

§3-10-4. Vacancies in representation in Congress.
If there be a vacancy in the representation from this state in the House of Representatives in the Congress of the United States, the governor shall, within ten days after the fact comes to his knowledge, give notice thereof by proclamation, to be published prior to such election as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each county in the congressional district. In such proclamation he shall appoint some day, not less than thirty nor more than seventy-five days from the date thereof, for holding the election to fill such vacancy. Nominations to fill such vacancy shall be made in the manner prescribed for nominating a candidate to fill a vacancy in the office of governor, to be voted for at a special election. The congressional district executive committee of a party shall perform the duties devolving upon the state executive committee in filling a state office.


Succession laws (0.00 / 0)
Succession laws need to be tended to in almost all aspects.  In the example you've correctly cited, it is important to remember that it takes 60 days to hold a state convention by WV Code and the Federal government (via the MOVE Act) required ballots be sent to military voters no less than 45 days before the election.  If we were to have a vacancy in WV's congressional representation, our laws do not provide for an election that would comply with federal laws.

For that matter, the succession law on a vacancy in the US Senate has now reverted BACK to what it was before July 2010 when HB 201 passed.  Remember that HB 201 was a one-time fix for a vacancy in US Senate and the law expired after the November election.

Natalie Tennant asked for 90 days for each election (primary and general) in her brief to the court.  Even that would require some modification of state law.  Elections don't just happen anymore.  Just ask your County Clerk.


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WVa Democrats
  • Sen. Jay Rockefeller
  • Sen. Joe Manchin III
  • Joe Manchin for Senate (2010/2012)
  • Rep. Nick Rahall (WV-03)
  • Secretary of State Natalie Tennant
  • Auditor Glen Gainer
  • Treasurer John Perdue
  • Agriculture Commissioner Gus Douglass
  • Attorney General Darrell V. McGraw
  • Senate President Earl Ray Tomblin, acting as Gov.
  • Declared Candidates
  • Jeff Kessler
  • John Perdue
  • Natalie Tennant
  • Earl Ray Tomblin
  • Rick Thompson

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