Special vote approved to fill Byrd's Senate seat in W. Virginia

CHARLESTON, W.Va. — West Virginia's top lawyer cleared the way Thursday for Gov. Joe Manchin to put a special election for the late Robert Byrd's Senate seat on the November ballot.

Attorney General Darrell McGraw, responding to questions posed by Manchin, concluded the governor can declare a special election to fill what remains of Byrd's term. Manchin sought the opinion after joining a growing push to hold a vote earlier than 2012, when Byrd would have faced re-election.

Byrd, 92, died last week after more than a 50 years in the Senate. He had about 30 months left in his term.

Manchin has said he would prefer placing the seat on the Nov. 2 general election ballot. Citing that date, McGraw's opinion suggests that Manchin set a special primary election "at a time which maximizes the opportunity for all potential candidates" and voters.

Manchin welcomed the opinion. Pending the election, he will appoint someone to fill the vacancy. Manchin has said he may run for Byrd's seat but won't arrange to have himself appointed.

Secretary of State Natalie Tennant, West Virginia's chief elections officer, earlier ruled that Manchin's appointee to fill the vacancy could keep the seat until 2012.

Tennant, Manchin and McGraw are Democrats, but West Virginia voters overwhelmingly voted for Republican John McCain in the 2008 presidential race. A special election would put another Democratic Senate seat in play this year as the party struggles to retain its majority.

Although Manchin postponed his pick while he awaited McGraw's opinion, the governor said he has several potential appointees in mind. He declined to provide names but said they have appeared in media reports.