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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