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2010 Op. W. Va. Att'y Gen. 1 (2010)

handle is hein.sag/sagwv0053 and id is 1 raw text is: 




                                     STATE OF WEST VIRGINIA
                               OFFICE OF THE ATTORNEY GENERAL
DARMBJV. MoGRAW. J-                    CHARLESTON 26305                            (304) 558-20 1
ATTORNEY GENERALFA(345&00

                                        July 8, 2010



      The Honorable Joe Msnhin Ml
      Governor
      State Capitol                                                        -    ~
      1900 Kawha Bolad, East
      Charleston, West Virginia 25305

      Dear Govemor Manchw:

            I have received your letter of'July 7, 2010, which requests the Attorney General's written
      opinion and advice up= cetain questions of law:

            I.    Is the Governor of West Virginia legally authorized to proclaim a special
                  election to fll the rmainder of the unexpired term in the United States
                  Senate created by the untimely passing of the great United States Senator
                  Robet C. Byrd?

            2.    If the answer to question number one is 'yes, when may such special
                  election, as proclaimed by the Governor, lawfly occur?

            3.    Ifthe answer to question number two is that a special election may occur
                  prior to the election cycle set forth in law for the year 2012 what law
                  govern the conduct of such special election, especially with regard to
                  election procedures, nominations, Miing deadlines campaign finance, etc.?

            Our opinion, and specific answers to the questions posed, are as follows.

                                             I.



            On June28, 2010, the Honorable Robert C. Byrd, D-West Virginia, 1ongest-exvingmember
      ofthe United States Senate in that body's history, passed away, creating a vacancy in his atal
      office.

            At the time of Senator Byrd's death, his unexpired term exceeded two yeas and six months
      inlengtIL

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