Thursday, August 12, 2010
Gubernatorial Succession Laws Could Face Lawsuit
WEST VIRGINIA....
Charleston attorney Thornton Cooper, a Democratic candidate for Kanawha County Clerk, has notified state officials he plans to sue if they don't clean up the state's gubernatorial succession laws. If the governor's seat becomes vacant, the president of the state Senate immediately becomes acting governor.
But, what should happen if Governor Joe Manchin wins the November 2nd election? Senate President Earl Ray Tomblin says state law does not mandate sending voters to the polls until the next regular election in 2012. Cooper argues the constitution says the state is supposed to have an election when you have a vacancy. State House Speaker Rick Thompson says the constitution demands an election soon after the vacancy occurs. Cooper proposes lawmakers have an election within five months of the vacancy and suggests a candidate filing begin immediately, lasting a month, and a special primary election two months after the filing period ends and a general election three months after the primary.