On the evening of July 19, the West Virginia legislature passed HB 201, and Governor Joe Manchin has already signed it. The bill sets up procedures for a special election for U.S. Senate this November. The bill is ambiguous about independent candidates, and the nominees of unqualified parties. It can be construed to mean than an independent, or the nominee of an unqualified party, may run if he or she pays a filing fee this week, and then submits a petition signed by 7,024 valid signatures by August 27. UDATE: the final version of the bill, which had not been available when this post was first written, shows that the signatures are due August 23.
If the new law is construed to mean that independent candidates, and the nominees of unqualified parties, must submit the petition by July 23, then it would be unconstitutional under Mathers v Morris, 649 F.2d 280, a 4th circuit opinion from 1981 that said when special elections are called with little notice, the normal deadline must be extended. West Virginia is in the 4th circuit.
In any event, the three qualified parties are free to nominate someone with no petition. The three qualified parties are the Democratic, Republican, and Mountain Parties (the Mountain Party is the West Virginia affiliate of the Green Party). The Mountain Party is free to hold a nominating convention or hold a primary, and the two major parties will nominate by primary held on August 28. The bill permits Republican Congressmember Shelley Capito to run simultaneously in November 2010, both for her U.S. House seat, and the U.S. Senate seat. UPDATE: the latest version of the bill, according to Jeff Becker, is not posted on the legislature’s web page. But it apparently says independent candidates, and the nominees of unqualified parties, need one-fourth of the usual number of signatures, which means they need 1,756 valid signatures. It is not clear what the deadline for those signatures is.
The bill also permits anyone already on the ballot from the May primary to run for special senate. So, not only can Capito run in a dual election, but Jesse Johnson of the Mountain Party who is running for state delegate, and who ran against Senator Byrd in 2006, can run as well.
The Mountain party uses the primary as well – only difference is that theirs is closed. Republicans and Democrats allow “No Party” and “Other Party” registered voters to participate.
Also, the petition signature deadline is July 30 this year (Friday, since regular August 1 date is a Sunday).
The official write-in filing deadline (to actually have write-ins counted and recorded) is September 21. Must be notarized.
The SUPER-MORON party hacks in the WV regime were NOT able to copy the vacancy laws of some rational State ???
One more MORON election *law* event in the brain dead U.S.A.
ALL election *law* stuff is basically YES/NO —
Electors
Ballot Access – Issues/Candidates
Voting
Counting
— with all sorts of time deadlines.
Way too difficult for armies of New Age party hack MORONS to understand.
Where is that *MODEL ELECTION LAW* for the party hack MORONS to just copy and enact without changing a word ???
Everything would be due by August 23. Here is the link to the final bill where section “W” has the reduced signature requirement for independent/minor party ballot access:
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB201%20SUB%20ENR.htm&yr=2010&sesstype=2X&i=201
(W) Persons having no party affiliation may nominate candidates for the U.S. Senate vacancy under the procedures set forth in sections twenty-three and twenty-four, article five of this chapter: Provided, That the number of signatures required to be submitted shall be equal to not less than one-quarter of one percent of the entire vote cast at the last preceding general election for any statewide congressional or presidential candidate. Notwithstanding the provisions of sections twenty-three and twenty- four of article three of this section, the signatures, notarized declaration of candidacy, and filing fee must be submitted no later than August 23, 2010.
Shelley Capito is not running: http://voices.washingtonpost.com/thefix/senate/sources-capito-wont-seek-senat.html?wprss=thefix
She will likely wait for the next special election in spring 2011 which will be for governor after Joe Manchin wins the senate seat in November. That will be a good race between Capito(R), Senate President Earl Tomblin(D), Jesse Johnson(M), and ??? from the Constitution and Libertarian parties.
Note that all five of these candidates will be vying for at least 1% of the vote to either maintain or secure ballot access for their party. Anyone failing to garner this 1% minimum figure WILL LOSE BALLOT ACCESS and will have only slightly over a year to petition all over again for 2012.