This has been a trying week in West Virginia.
While many West Virginians go about their lives with little interest in what transpires in Charleston, some are angry, disgusted or dismayed about what has transpired since the death last month of Sen. Robert C. Byrd. Some cannot understand how we allowed ourselves to be stuck without a sensible, clear plan to fill vacancies in the U.S. Senate or, for that matter, the Governor’s Office.
That such government glitches exist says something about us. We didn’t want to deal with a problem, so we didn’t do anything about it until it was too late. That seems to be a pattern for us — putting off until tomorrow what most responsible people would have done yesterday.
This time our dithering stung us politically, and, naturally, the politicians engaged and reached a decision that, for now, gets us to the next crisis in government succession. Given the condition of our laws, we likely are looking at another episode of political theater when we have to replace a governor or another senator.
On July 16, Gov. Joe Manchin appointed his former legal counsel, Carte Goodwin, to serve in the U.S. Senate. Goodwin knows this is a short-term assignment. The same day, U.S. Rep. Shelley Moore Capito, R-W.Va., issued a statement to welcome Goodwin to Washington but then strongly criticized Manchin, Attorney General Darrell McGraw and Secretary of State Natalie Tennant for not addressing the obvious problems in the state’s succession laws. She said political ambition guided Manchin in his selection of Goodwin, whose family has strong ties to the Democratic party. Many believe the 36-year-old Goodwin is taking his first steps as a political player.
The Legislature then tugged and pulled through the weekend until it came up July 19 with what apparently is a one-time compromise for Senate succession. That set the stage for Manchin to declare his candidacy for Byrd’s seat the next day. And when the Legislature left room for Capito to run for her 2nd District House seat and Byrd’s Senate seat at the same time, the Charleston Gazette and others in the media found such a plan distressing. (According to my best legal sources, the Gazette is wrong in suggesting that such an arrangement likely is illegal.) She wisely decided to forgo the dual run. But public officials and the media are not the only sources of criticism.
An experienced association executive did not mince words this week about our elected officials’ recent work.
“These people did too much to accommodate the existing political class in this state,” he said.
Some found fault with the attorney general’s recent opinion that said Manchin has the authority to call a special election in 2010 to fill Byrd’s seat. They said he simply is wrong.
A letter writer from the Northern Panhandle ripped the media for not being more aggressive in covering the succession story and accused politicians of shredding the state Constitution.
“In the final analysis, it is we West Virginians who are to blame for the national disgrace that our state has become,” he wrote. “We keep voting these people into office, never questioning their allegiances while buying their empty promises.
“This appointment trickery that we have just witnessed is the epitome of political greed and corruption that characterizes our state.”
Democrats in the Legislature said Republicans obstructed efforts to resolve the U.S. Senate question. Did Republicans oppose having a special election along with the Nov. 2 general election, fearing a high-visibility face-off would draw out more Democratic voters in the 1st and 3rd House of Representatives districts? Capito, however, said in an interview on the MetroNews “Talkline” radio program that GOP legislative leaders were right to make sure the process is good for West Virginia.
A lawyer friend wondered whether the Democratic leadership in Washington, D.C., influenced our state’s handling of Senate succession. Senate Majority Leader Harry Reid needed Goodwin’s vote July 20 to get past a Republican filibuster and extend unemployment benefits. That’s one for Reid, but will Goodwin and his successor stay in line on future votes? Don’t bet on it.
And to add some zaniness, the Wheeling News-Register noted on July 16 that state code — Section 6A-1-4 — defines the gubernatorial line of succession, which leads to former governors who reside in the state. Incredibly, the law suggests former Gov. Arch A. Moore Jr., now 87, would be fifth in line of succession.
So now we watch and wait until 5 p.m. Friday, July 23, the filing deadline for U.S. Senate candidates. Who’s in? Who’s out?
The actors are queuing up to decide what role they will play in a drama that could have far-reaching consequences for our state, and we still are hung up on succession laws. Depending on the candidates and outcome of the Nov. 2 special election, we very well could test them once again. Someone — an unhappy politician or citizen — may ask the courts to sort it out.
Charleston attorney George Carenbauer has studied West Virginia politics and related law for decades, and he sees problems. If Manchin wins the Nov. 2 election, Carenbauer wonders what lies ahead for state Senate President Earl Ray Tomblin when he becomes acting governor. Can he serve in that position only if the Senate votes to retain him as president? Can he serve as acting governor and Senate president at the same time? And what is the timeline for a special gubernatorial election? Someone needs to do something to bring clarity to our jumbled laws of succession — form a special work group, a blue-ribbon commission. Do something.
But why worry? After all these years of ignoring the obvious, we still have tomorrow.
Dan Page is editor and publisher of The State Journal. His e-mail address is dpage@statejournal.com.