Republican Party:

Mountian Party:

The public drawing will be held at 5:30 p.m. Saturday in Secretary of State Natalie Tennant's office.

The Legislature has set Aug. 28 as the date for a special primary for persons seeking the remaining two-plus years in Byrd's term.

The 92-year-old Democrat died in June at the age of 92.

So far, 10 Republicans, including Morgantown industrialist John Raese, have filed.

Three Democrats, including Gov. Joe Manchin and former secretary of state Ken Hechler, have filed.

The winners of the primary will face each other in November's general election.

Among the field of candidates are many first-time politicians. The front-runnner, for now, seems to be John Raese.

Raese announced his candidacy Thursday on a radio network owned by his family company, Greer Industries. He owns several other businesses as well.

Raese touted his business background while questioning whether the U.S. economy remains competitive in the world.

Raese has twice run and lost Senate bids.

Most recently, he challenged Byrd in 2006 but history's longest-serving member of Congress won with more than 64 percent of the vote.

Republican Mac Warner from Morgantown announced late Thursday afternoon he plans to file for the special election.

“We need more voices in Washington who have a firsthand knowledge of military issues, a real dedication to getting spending under control, and a devotion to making sure the Constitution guides us in every decision,” Warner said.

According to a news release, Warner said he is not intimidated by the candidacy of Gov. Joe Manchin, despite current polling data.

“Joe Manchin has perfected the skills of the professional politician – telling people what they want to hear while straddling the fence on virtually every issue. He actually endorsed Barack Obama for president, at the same time Obama was taking aim at the coal industry," Warner said.

Warner ran in the First District GOP primary election for the United States Congress in May and lost.

Charles "Bud" Railey of Bridgeport has also filed to run. He ran unsuccessfully for Governor in the Republican primary in 2004.

The other names are political unknowns who seem to have one thing in common; they say they're tired of what's going on in Washington and are taking action.

Lynette Kennedy McQuain from Rivesville filed to run. She is also running for the House of Delegates. McQuain is a mom and says she believes she has a real shot at winning because she represents real West Virginians.

Thomas Ressler from Falling Waters is also in the running.

Ressler is a retired corrections officer and is originally from Maryland. He is now currently living in the state.

Ressler is from Berkeley County.

"I feel if people want to vote for someone that does not want to stand in line behind the rest of the democrats, they will vote for me," said Ressler. "I have been one to punch a time clock. I've worked very hard to get where I'm at. I have had nothing handed to me."

Democratic candidate Gov. Joe Manchin remains the top contender for the seat. He faces two other Democrats in the Aug. 28 party primary.

"I think Mr. Manchin has already been told he has the position," said Ressler. "I believe if I'm elected in the primary and general election the people will get a different sense on what we need to do to turn this country around."

Daniel Scott Rebich, of Buckhannon is a small business owner who's now running for the Republican nomination. He says his business has suffered and he's tired of complaining and wanted to take action.

Harry Bruner of Charleston has filed along with Kenneth Culp of Summersville and Scott Williams from Buckhannon.

Another GOP candidate is Albert Howard from San Pedro California.

Howard ran in the Presidential primary in New Hampshire in 2008. The Secretary of State says as long as he moves to West Virginia before election day, he is eligible to run.

Howard said via e-mail he's running for the W.Va. Senate seat, "To break the spirit of racism which the office of the late Senator Robert C. Byrd represented."

The filing period ends Friday at 5p.m. The special primary is set for August 28 and the special general election is scheduled for November 2.

If Hechler were elected to the seat he would surpass Senator Byrd in one respect, becoming the newest oldest serving Senator. By the time he served out the term, Hechler would be 101 years old.

But Hechler says his age is not a factor, he says he'll run for office until he's 100 if that's what it takes to get his message heard about mountain top removal mining.

"I have no intention of winning," Hechler says. "I just want to give people an opportunity to vote against mountain top removal."

Hechler served in Congress and was the Secretary of State for 16 years. Recently, his focus has been on stopping the practice of mountain top removal mining. He was even arrested at a protest last year.

Hechler says the senate race is a platform to get his message against the mining practice heard.

"i'm interested in the issue above the party," Hechler says.

Governor Joe Manchin has been at odds with the Environmental Protection Agency over tougher mining regulations and is seen as conservative when it comes to environmental issues. Hechler says he's providing voters a choice.

Hechler last ran for public office in 2004. He ran a fiery campaign for the Secretary of State's office. He narrowly beat Natalie Tennant in the democratic primary but lost to Betty Ireland in the general election. Hechler says he filed for U.S. Senate to take a stand, but he doesn't plan to stop there. He says he plans to spend money and campaing on the mining issue, even though he admits his chances of winning are slim.

Another Democrat also filed to run on Wednesday. Sheirl Fletcher threw her name into the race. She served four years in the house as a Republican, then as a Democrat she challenged Senator Jay Rockefeller in 2008 and picked up 16% of the vote.

Fletcher says she wants to provide voters a choice.

No one from the Republican party has filed to run for the seat yet. The filing deadline is Friday at 5 p.m. The GOP front-runner was Shelley Moore Capito, but she decided not to run on Wednesday. Many Republicans were waiting on Capito's move to react.

Sheirl Fletcher filed to run late Wednesday. Fletcher has served in the house as a Republican, but is now a Democrat.

Fletcher is from Monongalia County.

Capito made the announcement Wednesday morning.

In a statement released by her campaign manager, Capito says she will keep her commitment to her House duties and re-election campaign.

"I am humbled that people have asked me to consider running for the U.S. Senate," Capito said. "While it would be both a challenge and a tremendous honor to represent our entire state in Washington, I must first and foremost weigh the timing of this opportunity with my current official and political responsibilities."

Capito was considered a front runner for the Republican party, but she did not want to create more chaos.

"There has been enough unnecessary chaos and controversy surrounding the vacancy in the U.S. Senate," Capito said. "My candidacy would create more uncertainty, invite a legal challenge, and misrepresent my priorities as a public servant. The outcome could ultimately place my re-election to the House of Representatives in jeopardy and would leave the final decision in the hands of state officials rather than the voters."

Several Republicans are disappointed that Capito decided not to run, including Republican Party Chairman Doug McKinney and Minority Leader Tim Armstead.

"I would like to see her run, but we will still have a strong candidate," Minority Leader Tim Armstead said. "Our candidate will make a good contrast to Manchin."

Another name well-known to West Virginians may now be on the ballot. Last week Republican John Raese says if he runs, it will be on a pro-business and low-tax platform.

Raese is 60 years old and from Morgantown. Raese ran against Robert Byrd for the Senate in 2006. He also ran for Governor back in 1988.

Sources tell WSAZ.com other Republican names that have been floating around as possible candidates include, Senator Mike Hall, Senator Clark Barnes and former Senator Steve Harrison.

Republican Senator Clark Barnes tells WSAZ.com he is "highly considering" a run for State Senate. He is currently discussing this possibility with his family and he says he will be ready to make an decision in the next 24 hours.

"I am pleased that the West Virginia legislature acted to ensure that voters have the final voice in deciding their new U.S. Senator this year," Congresswoman Capito said. "During the special session, the Republican members worked to create a level playing field by establishing the election as a separate election from the November 2nd General with the intent of allowing a candidate already seeking an office this year to file and run for the unexpected vacancy on the same day."

Also Wednesday, Democrat and former Secretary of State Ken Hechler filed to run for the state's vacant Senate seat.

Hechler is the only other Democrat who has filed to run against Governor Joe Manchin in the primary election on Aug. 28.

The 95-year-old Hechler has a mixed electoral record.

In the past decade, he lost bids to return the U.S. House of Representatives and the secretary of state's office. Hechler is 95 years old.

Keep clicking on WSAZ.com for the very latest information.

She's expected to make her announcement public within the next hour.

Capito was considered a front runner for the Republican party.

So far Governor Joe Manchin is the only person who has filed to run for vacant seat. The democrat filed his candidacy papers Tuesday.

Keep clicking on WSAZ.com for the very latest information.

The constitution says the Senate president becomes acting governor if there is a vacancy in the Governor's office, but from there the laws get cloudy.

It took days and last minute negotiations to clear up the succession laws for replacing a U.S. Senator. Legislators passed the bill Monday night, but the law only addresses the issue temporarily. Clearing up gubernatorial succession laws could be even more challenging because lawmakers wouldn't be changing the state code, instead they'd be amending the Constitution. That requires a two-third vote and approval by voters.

"It's very difficult for us to change what caused that confusion here in the session of the legislature," House Minority Leader Tim Armstead says. "Because it's in the Constitution, so the voters need to change that."

The Senate President would become acting governor, and Tomblin says he would continue in a dual role remaining Senate President. But some question the legality of that. Tomblin says there are Supreme Court rulings that uphold his position.

Also, there are questions about how long the Senate President can act as governor before calling an election to fill the seat. Some say less than a year, but Tomblin says he believes the election would be in 2012.

"The cleanest way would be to have the president of the Senate to assume and become the full governor of West Virginia," Tomblin says. "However, that's not what our Constitution says, so until and if the Constitution is changed we will have to do business differently."

If lawmakers had to clarify the gubernatorial succession laws, an added challenge could be that many House and Senate members want to run for governor, that could complicate the process.

But Republicans say it won't come to that.

"I think it's kind of counting the chickens before they hatch," Armstead says. "As Republicans we are going to have a very strong candidate."

The GOP favorite is Representative Shelley Moore Capito, but she has not decided if she will run for the Senate seat. Regardless who the candidate is, Armstrong says they will have a strong candidate.

Goodwin, 36, took the oath of office Tuesday afternoon to serve in the late Robert C. Byrd's seat representing West Virginia for the rest of the year.

He was appointed by Gov. Joe Manchin last week.

Manchin watched from the gallery as Vice President Joe Biden administered the oath of office. A few rows back sat the Republicans' top prospect to challenge him, Rep. Shelley Moore Capito.

Moments later, Goodwin took his first vote on a measure to extend unemployment insurance.

The governor made the announcement at a news conference Tuesday morning.

"I want to make it official, I am running for United States Senate," Governor Manchin said. "I intend, with the opportunity, to work as hard in Washington as I have in West Virginia. I've worked tirelessly."

Lawmakers passed a bill late Monday night clarifying succession laws. Immediately, Governor Manchin signed the bill into law and signed a proclamation declaring a special election.

Manchin will run in the special election in hopes of filling Senator Robert Byrd's unexpired Senate Seat. The primary election is August 28.

"No one can replace our beloved Sen. Byrd. We can only hope to follow in his footsteps," Manchin said. "I love serving the people of West Virginia and I would be truly honored for the opportunity to serve them in Washington."

Byrd died June 28 at the age of 92. He was the longest serving Senator in US history.

"This is one of the toughest decisions I've ever made," Manchin said. "I've always had a desire to work at the highest level."

At this point, Manchin is the only democrat who has filed to run for the seat. The governor actually signed his candidacy papers during his news conference Tuesday afternoon.

"For five and a half years, my administration has worked tirelessly to bring all sides together," the governor said. "We have accomplished so much - from cutting taxes to fighting for good jobs and getting our financial house in order. While other states have been hit hard by this global economic downturn, West Virginia has maintained a strong, responsible government."

The governor said he made the decision to run on Sunday with his family's support.

"I need your help, your support and your vote," Manchin said. "I will represent the people of West Virginia everyday. We are the envy of the whole world, they just don't know it yet."

Manchin has served as governor since 2005. He is 62 years old.

Congresswoman Shelley Moore Capito is considered the front-runner for the Republican party. The new bill allows Capito to run for the Senate seat and her House seat at the same time.

As of Monday, she has not made her final decision.

Capito's Campaign Manager Kent Gates tells WSAZ.com they are still looking into the legal issues if she were to be filed for both races. She will most likely not be making announcement on Monday.

The filing period for candidates to file to run for the Senate seat ends Friday at 5:00 p.m.

If voters want to vote in the primary election, August 28, they must register by August 10. Early voting for the primary is scheduled from August 20-25.

Then, the special election is set on the same day as the General Election on November 2.

Until voters choose Senator Byrd's replacement, Carte Goodwin will fill-in temporarily. The Governor appointed Goodwin on Friday. He will be sworn in on Tuesday afternoon in Washington.

Statement from Republican National Committee (RNC) Chairman Michael Steele
“Governor Manchin has been nothing but a lap dog and rubberstamp for President Obama’s liberal tax, spend and borrow policies. Governor Manchin supported President Obama’s budget busting $862 billion stimulus and his government takeover of health care and now West Virginians are a feeling the negative economic effects.

“Governor Manchin’s liberal record and ties to the Washington elite have politicians like President Obama and Harry Reid dancing for joy, but people in West Virginia will feel the brunt of their misguided policies. The Democrat leadership’s binge-spending agenda has resulted in high unemployment, skyrocketing debt, and an out-of-control growth of government. The last thing the U.S. Senate needs is another liberal yes-man in Governor Manchin that will do anything the President asks, even if it will kill jobs and hurt the economy in West Virginia.”

Statement from Democratic Senatorial Campaign Committee (DSCC) Chairman Robert Menendez

“No one will ever be able to fill Robert Byrd’s shoes as his irreplaceable leadership will be missed in Congress and in West Virginia. But Joe Manchin is someone who everyday makes West Virginians proud. Since he has been governor, hundreds of companies have located or expanded in West Virginia, with billions of dollars in new business investment.

Under Manchin’s leadership, West Virginia has been praised for fiscal conservatism, all while he has cut taxes for West Virginia business and families. Joe Manchin has a record of job-creation and fiscal responsibility and will continue to be a strong independent voice for West Virginia in the U.S. Senate.”

Statement from National Republican Senatorial Committee (NRSC)
“By breaking his promise to serve a full term as Governor even if a Senate vacancy existed, Joe Manchin has made clear that his own political self-interests are more important than keeping his word to the people of West Virginia.

“It’s also clear that, if elected, Joe Manchin will be a loyal rubberstamp for President Obama’s reckless spending agenda in Washington. During just the last 18 months, Joe Machin has endorsed the President’s government health care bill and he advocated for the massive stimulus boondoggle, which has failed to create the jobs that he and the President both promised. Governor Manchin even loyally defended the President’s anti-coal rhetoric as he supports an administration that is focused on putting one the state’s key industries out of business."

Lawmakers were running out of time to pass the bill and were at odds over the weekend and into Monday morning. But Monday afternoon the Governor met with House Republicans and Democrats. By Monday evening, the Senate and House reached a compromise and passed the bill late Monday night.

The special primary election is set for August 28 and the special election is set for November 2. The Secretary of State had several impending deadlines to pull off the election.

The filing period for candidates to file to run for the Senate seat was shortened to four days and will begin Tuesday and end Friday at 5p.m. Governor Manchin says he will make his intentions known at 10a.m. Tuesday morning.

The bill, which has now been signed into law, passed easily out of both chambers. It requires a primary election regardless of how many candidates file to run, that was a sticking point for Senators and some Delegates. The initial bill said that if only one candidate filed the run, the primary would not be held. Lawmakers feared that would keep people from putting their names on the ballot.

The bill also spells out the duties of the Secretary of State. Some lawmakers said the initial bill was too broad and gave the office too many legislative powers.

The bill also only applies to this special election, the law will expire after voters choose Senator Byrd's replacement.

The special election will be held on the same day as the general election, but the bill clarifies that it is a "separate election." That means a candidate could have his or her name on both the general election ballot and the special election ballot.

That point in the bill could help Representative Shelley Moore Capito. She's considered the front-runner for the Republican party. She could run for the Senate seat and her House seat at the same time. Capito has said she is weighing her options and hasn't made a decision yet.

Until voters choose Senator Byrd's replacement, Carte Goodwin will fill-in temporarily. The Governor appointed Goodwin on Friday. He will be sworn in on Tuesday in Washington.

UPDATE 7/19/10 @ 9:10 p.m.
CHARLESTON, W.Va. (WSAZ) -- Both the House and the Senate have approved a bill to set a special election for the late Sen. Robert C. Byrd's United States Senate Seat.

We will have much more on this developing story later this evening. Keep clicking here at WSAZ.com for more information.

Gov. Joe Manchin made his rounds Monday afternoon in the House, meeting and talking with delegates. Soon after, the Republicans and Democrats each called a caucus of their members.

When they reconvened a conference committee which was formed to deal with the bill decided to meet for the first time.

In their meeting, senators and delegates agreed on a new version of the bill, similar to the bill approved by the Senate on Saturday. The committee agreed that a primary election should be held, even if only one candidate from each political party files to run. The proposed legislation would also consider the special election separate from the general election in November. So, candidates already on the ballot would also be able to run for Byrd’s seat. The committee also re-worked the details surrounding the authority the Secretary of State’s Office would have during the special election.

Under law, the committee bill must set for two hours before any action can be taken on it.

Lawmakers are hopeful a vote will take place sometime Monday night.

The House will reconvene at 8:15p.m. and the Senate reconvenes at 8:30p.m. If the bill passes, the Governor will likely call the special election sometime Monday night or first thing Tuesday morning because time is running out to pull off the election.

If the bill is approved, there would be an Aug. 28 primary and Nov. 2 general election to determine who would fill Byrd's seat.

The governor's office tells WSAZ.com that the conference was postponed due to ongoing discussions regarding the process that are still taking place.

The press conference will be held some time Tuesday.

Keep clicking on WSAZ.com for the latest information.

But Manchin is not ruling out declaring a special election without a bill. He may also instead allow temporary appointee Carte Goodwin to serve out Byrd's term.

The governor tells The Associated Press he's working until the last minute to save his stalled special session proposal. Officials say it must pass Monday for it to guide an Aug. 28 primary and Nov. 2 general election.

Manchin also criticized lawmakers who say the bill gives too much power to Secretary of State Natalie Tennant. Her office would oversee any special election.

The governor is to discuss the situation at an afternoon news conference.

Senate President Earl Ray Tomblin and House Speaker Rick Thompson will join the governor for the news conference, according to a news release.

The governor is also expected to discuss the next steps in the process.

We will have a crew at the news conference. Keep clicking on WSAZ.com for the very latest information.

But Gov. Joe Manchin may also choose to keep his temporary appointee in that seat beyond November. The governor named former aide Carte Goodwin on Friday to the vacancy left by Byrd's death last month.

Manchin is facing such alternatives because the bill he proposed to set a fall election has stalled in the ongoing special session. Officials say the measure must pass Monday to hold an Aug. 28 primary and then add the seat to the Nov. 2 general election.

State officials had initially signaled that Sunday was the deadline.

“This is a sad day for the people of West Virginia. It’s disappointing that the process for electing Senator Byrd’s successor has been politicized by House Republicans,” said West Virginia Democratic Party Chairman Larry Puccio. “They are doing the bidding of Republicans in Washington rather than the people of West Virginia. It’s a shame.”

Each alternative option is backed by a legal opinion from a different state official.

Democratic Party Chairman Larry Puccio released a statement early Monday morning urging the governor to move forward with an election.

The Attorney General ruled that the governor has the authority to set a election for the U.S. Senate. Governor Manchin would have to issue a proclamation for that to happen.

“It’s disappointing that after five years of working together in a bipartisan way to move West Virginia forward, every single Republican in the House of Delegates voted to keep the bill to establish a election from taking effect immediately – effectively killing the bill,” Puccio said. “These are the tactics that have created gridlock in Washington. West Virginians deserve better than being held hostage to partisan politics.”

The House is expected to reconvene at noon on Monday.

We have a crew at the state capitol. Keep clicking on WSAZ.com for the very latest information.

Pending legislation would put the seat on the Nov. 2 ballot following an Aug. 28 primary. But the Legislature recessed Sunday without acting on it.

State officials had questioned whether they could follow the necessary election timetable if a bill wasn't passed by Sunday. Gov. Joe Manchin's office says it believes the special election can still go forward if a bill passes Monday.

Without the legislation, the governor may still declare a special election.

The other option would be to allow his temporary appointee, Carte Goodwin.

The state Senate and House of Delegates each agreed Saturday to set an Aug. 28 primary and then add the seat to the Nov. 2 general election. But the two chambers must still resolve some differences.

An amendment from Senate Minority Leader Mike Hall aims to allow fellow Republican and Rep. Shelley Moore Capito to run both for Byrd's seat and a sixth U.S. House term.

The House, meanwhile, voted to skip a primary if not enough candidates filed.

The Senate on Saturday also passed three of the 10 bills that Manchin has added to the special session's agenda. Most are school-related.

The House and the Senate will both meet together Sunday to further discuss the special election bill.

After defeating the measure earlier Saturday, the House voted 46-37 to advance a measure setting an Aug. 28 special primary for the seat and then added it to the Nov. 2 general election.

But not enough delegates agreed to make it effective upon final passage, leaving its status in doubt. But the House still has a Senate-passed version to consider.

Lawmakers have debated the proposal's costs, time limits and necessity.

Manchin has also added 10 more bills to the special session, which began Thursday. Most revise proposals from May's session on education.

Saturday's 42-45 vote shot down a measure that would have set an Aug. 28 special primary for the seat and then added it to the Nov. 2 general election.

The vote came after the House Judiciary Committee amended the bill to make it temporary and to skip primaries if not enough candidates filed.

But the House still has a Senate-passed version that would require primaries and also apply to this and any future U.S. Senate vacancy.

Manchin has also added 10 more bills to the special session, which began Thursday. Most revise proposals that bogged down during May's session on education.

Goodwin was Manchin's legal counsel from 2005 to 2009. He's 36 years old and will be the youngest U.S. Senator.

Manchin and Goodwin both say Byrd can never be replaced.

"What I can do and what I will do," Goodwin says, "Is try my best to emulate his work ethic and his commitment to the law, Constitution and this great state."

Manchin says while Goodwin worked for his office, he drafted key mining legislation and says he'll do what's right for West Virginia.

"He's fiercely, fiercely independent," Manchin says. "We have gone toe to toe many times, and that's what I really came to admire and love so much about him that he would not back down. But, when we made our decisions, I had nobody who would carry out the duties and wishes of the people of West Virginia more than Carte Goodwin."

Goodwin doesn't have a lot of political experience. House Minority Leader Tim Armstead says he had hoped the appointee would have more experience, saying the position is extremely important for the state.

Goodwin comes from a family with a long history of service in West Virginia. His late father, Steve, was chairman of the West Virginia University Board of Governors. His uncle, Joseph Goodwin, is a federal judge. Goodwin's aunt, Kay Goodwin, is the head of the state Department of Education and the Arts and his cousin, Booth Goodwin, was just tapped as the U.S. attorney.

"This is another example of how the elite political class benefit from their connection to existing office holders here in West Virginia," Delegate Troy Andes, R-Putnam, says. "The Goodwins are West Virginia's political dynasty. They've never been elected to office, they've never stood before the people, but they make all these important decision that affect everyday West Virginians."

But Goodwin took offense to that notion.

"There's no such thing as an elite from Mt. Alto, West Virginia, first of all," Goodwin says. "Second, I have a big family in what is a relatively small state, and several members of that family have been active in pubic service for generations, decades, and I'm proud of every single one of them."

Goodwin will be sworn in as U.S. Senator on Tuesday and will immediately be put to work.

Democrats in Washington have been waiting on the appointment to pass the unemployment benefits bill.

U.S. Sen. Jay Rockefeller, D-W.Va., says as soon as Goodwin takes the oath they will vote on the bill.

Goodwin says he hasn't seen the bill yet but is in favor of extending the unemployment benefits.

However, Goodwin says he will not simply be another Democratic vote. He says he will look at each issue as it comes. Goodwin says he does not like the current version of the Cap and Trade bill.

Goodwin also says he does not plan to run for election in November.

"Just a few minutes ago I signed the appropriate paperwork to make this announcement possible," said Gov. Manchin. "I am now extremely proud, very, very proud to appoint Carte Goodwin to the United States Senate."

The Governor's Reception Room was filled with dignitaries and political figures as Gov. Manchin announced that Goodwin would fill the open Senate seat left by Sen. Robert Byrd's death.

The room erupted with applause once the announcement was made by Gov. Manchin.

"If you don't know Carte, he is fiercely independent," said Gov. Manchin. "We have gone toe-to-toe many times, and that is why I am so proud."

The 36-year-old Goodwin served as Manchin's general counsel from 2005 until early 2009. Goodwin now works in a private practice in Charleston. Goodwin has never held a political office.

Gov. Manchin spoke of the Sago Mine Disaster and the Aracoma Mine Accident and how Goodwin played a pivotal role in writing new mining legislature. "I called him on Friday night and told him to get his team together and start working on new legislation," said Gov. Manchin. "Carte's wife can attest to this, he left Friday night and she didn't see him again until Monday night."

"Carte joins the Senate as the youngest serving Senator, and how fitting it is that he is replacing the most beloved, most historic, and who happened to be the oldest serving Senator in history, what a tremendous opportunity," said Gov. Manchin. "We are passing this torch off to a new generation."

"Needless to say, it is an immense opportunity to serve in the United States Senate," said Goodwin. "My sole agenda will be to make this state proud."

"No one could even begin to replace Sen. Byrd, but what I can to is emulate his work effort and his commitment to the law, Constitution and this great state," said Goodwin. "I am excited about the challenge and I am looking forward to it."

The Governor began to talk about he and Carte wearing Constitution buttons on their lapels in honor of the late Sen. Byrd. The late senator was the biggest fan of the Constitution and always carried a copy in his pocket. Sen. Byrd had given Gov. Manchin a copy of the Constitution and the governor handed Goodwin his copy as a way of welcoming Goodwin into office.

Sen. Jay Rockefeller spent some time talking about Goodwin and how important the Senate is to the United States.

"He is not an interim Senator, he is a United States Senator," said Sen. Rockefeller. "He will have all of the powers of all of the other Senators."

"What I like about Goodwin the most is what I know about him, because I am a friend of the family. It is his absolute commitment and dedication to the families of West Virginia," said Sen. Rockefeller.

"Carte has the highest of professional standards, it will be immediately recognized by the other Senators," said Sen. Rockefeller.

"I look forward to what we can to together, with our colleagues, to move forward for the families of West Virginia," said Sen. Rockefeller. "I look forward to you, and you start out on the right side of history."

"Every walk of life in West Virginia is here, from our business people, the largest to the smallest, thank you so much and I hope you are proud of the process we have gone through to honor the great Senator Byrd," said Gov. Manchin.

As the governor wrapped up the press conference he opened the floor to questions for Goodwin from the audience. During the question and answer session, Goodwin did confirm that he will not run in the general election.

Carte Goodwin will be sworn in on Tuesday at 2:30 p.m. Goodwin will immediately begin work following the ceremony. His first vote is expected pass unemployment compensation legislation.

“The core job of a Senator is to do all we can to serve the people of our state and to support our country. There is much work to be done in very short order. And I am proud to have the opportunity to do that together with Carte Goodwin as my colleague.”

"As the Dean of the West Virginia Congressional Delegation, it is my honor to welcome our newly appointed Senator and to offer my support as he steps into this demanding role with energy and heart, representing our State and serving our Nation.”

Second District Rep. Shelley Moore Capito says she is willing to work with Carte Goodwin, but she says the process was fraught with politics.

Manchin named his 36-year-old former general counsel on Friday to fill the vacancy created by Robert C. Byrd's death.

Capito says Manchin and Democratic office holders Attorney General Darrell McGraw and Secretary of State Natalie Tennant did not work together to resolve how Byrd's seat should be filled.

Instead, she says, the Legislature is now working on a Band-Aid fix to filling Senate vacancies.

Individuals involved in the process identified the Governor's former chief lawyer as his pick. They spoke on condition of anonymity because they were not authorized to comment.

Manchin is scheduled to present his appointee at a Friday afternoon press conference at the Capitol.

The 36-year-old Goodwin served as Manchin's general counsel from 2005 until early 2009. Goodwin now works in a private practice in Charleston. Goodwin has never held a political office.

His wife, Rochelle, is the state director for Senator Jay Rockefeller.

Goodwin comes from a powerful political family. His dad, Steve, who passed away in April, was the chairman of the WVU board of Governor's. His uncle Joseph Goodwin is a federal judge, his aunt Kay Goodwin is the head of the state Department of Education and the Arts and his cousin Booth Goodwin was just tapped as the U.S. Attorney for the state's southern district.

State Republicans are already speaking out about the appointment. House Delegate Troy Andes, a Republican from Putnam County, says Goodwin's appointment is one more example of the state's elite ruling in West Virginia. Andes says he has an issue with the appointment because none of the Goodwin's have ever been elected by the people, they've always been appointed.

But democrats are pleased with the choice. Delegate Doug Skaff, a Democrat from Kanawha County, says Carte Goodwin is a great choice.

"Carte is not only a great person, but has a great mind that will look out for the best interest of all West Virginians," Skaff says. "He will bring a fresh new voice and intellectual ideas to the Senate position that will serve our state well at this time."

Goodwin would hold the seat until November, when the governor wants general election voters to decide who will serve the final two years of Byrd's term.

The Governor will hold a press conference in the Governor's Reception Room at 2 p.m. to announce the appointee.

Officials have told WSAZ.com that the appointee will be in attendance and will also give remarks.

We will have a crew at the conference and will bring you the latest information on the appointment on WSAZ.com.

The House of Delegates introduced a version of the bill when the special session convened at noon on Thursday. As expected, the House referred the bill to the House Judiciary Committee.

The Senate convened at noon and didn't have a bill. President Earl Ray Tomblin says they were still tweaking the bill and it wasn't quite ready. The senate adjourned and will meet again at 2 p.m.

The Governor is on a very tight timeline to get the bill passed so a special primary and general election can be held. The Governor wants the special general election to be held during the regular general election on November 2. Manchin says he hopes the bill will be passed by Friday.

UPDATE 7/15/10 @ 11:40 a.m.
FAIRMONT, W.Va. (AP) -- State Democratic Party Chairman Larry Puccio says he is not on the list to temporarily fill the U.S. Senate seat left vacant by Robert C. Byrd's death.

Gov. Joe Manchin's former chief of staff tells The Times West Virginian in Fairmont he intends to remain head of the state party.

Byrd died last month at the age of 92. His death sparked a debate about who his successor should be and how that person should be picked.

Another name mentioned is former two-term Democratic Gov. Gaston Caperton. Caperton told the newspaper he has not been offered the job.

State lawmakers return to Charleston Thursday to act on Manchin's request to modify the succession law pertaining to U.S. senators.

Manchin says he could name Byrd's successor by Friday.

The measure on Thursday's special session agenda would revise the state's process for handling Senate vacancies. It would require elections when they arise with 30 or more months remaining in the term.

Byrd died June 28 just days before that threshold. The 92-year-old was history's longest-serving member of Congress.

The measure would give the governor up to a year to schedule the election. It sets waiting periods of at least 60 days for a primary and for a final vote.

The proposal also allows the governor to include the office on an already scheduled general election. That's Manchin's plan for Byrd's seat.

The state's legislative leaders say they have some concerns with the legislation put forth by Gov. Joe Manchin's office. The bill is meant to clear up state election laws and allow for a special election to replace U.S. Sen. Robert Byrd.

Manchin has called a special legislative session for this Thursday and has said he hopes the legislation can be passed through both chambers by Friday.

But in order to pass the bill in just more than a day, the rules would have to be suspended. Bills are supposed to be read over three separate days. An 80 percent majority is required to suspend the rules.

Lawmakers also have some issues with some pieces of the bill.

Senate Minority Leader Mike Hall, R-Putnam, says they have to be aware of the unintended consequences that could come from pushing the legislation through quickly.

Hall and Senate Judiciary Chair Jeff Kessler, D-Marshall, both have some concerns about parts of the bill.

The legislation calls for a special primary election. But if only one person files from a party, that party wouldn't get a primary. Instead, the one candidate who files gets the nomination.

Kessler says he fears that may keep people from challenging stronger candidates. He says if a primary is required, then a primary needs to be held.

Kessler also has some concern about the powers that are given to the Governor's Office and the Secretary of State's Office.

"I'm not crazy about the idea of delegating the legislative authority over the election to the Secretary of State, the Governor or anybody else," Kessler says. "By saying if anything comes up that we didn't think about or we didn't know about we're going to issue the Secretary of State orders to fix them or correct them. I think that's an inappropriate delegation of West Virginia Legislative authority."

Manchin says he still plans on naming a temporary replacement for Byrd on Friday.

Larry Puccio, the Governor's former chief of staff and now chair of the West Virginia Democratic Party, was rumored to be on the Governor's short-list, but Puccio told WSAZ.com he enjoys being the party's chair and does not want to jump ship.

A rumored favorite is Nick Casey, the former chair of the Democratic Party. WSAZ.com asked Casey if he was interested in the position and if he'd been offered the position. He didn't say "no" and would only say "no comment."

As for who will be elected to the seat, the governor's office sent out its proposed election reform legislation for lawmakers to look at in advance of a special session set for this Thursday.

Lawmakers are on a tight timeline to get the bill passed and pull off a special primary election and a special general election on Nov. 2, 2010.

The purpose of the bill is to clarify state election laws regarding the succession process for replacing a U.S. Senator.

"The governor’s bill is very simple," Jim Pitrolo, Manchin's director of legislative affairs and policy, stated in a news release. "We are taking the Attorney General’s opinion and clarifying state code so there can be no doubt as to how the law should be interpreted. This bill would merely clarify the state code so that there is no question that we could have a special primary and special general election.”

If the legislation is passed, then the governor can proclaim an election this November to fill the U.S. Senate seat, which would include a special primary election, probably to be held in August or September.

The bill clearly gives the Governor the power to fill a vacancy by calling a special election. It also requires a special election if there is more than two and a half years left in the term, which was an issue of contention in existing law, lays out a timetable for the election and requires a special primary election, as well as a special general election.

"We are releasing the bill to legislators and the public today for discussion and comment,” Manchin stated in a news release. “Releasing the bill early should give legislators enough time to give it a full and thorough review. Secretary of State Natalie Tennant informs us that absolutely every day counts if we are going to be able to have a special primary election.”

Manchin is hoping lawmakers will suspend the rules and pass the bill quickly, rather than reading the bill over three days as required as required in the rules.

Tennant says the sooner the bill is passed the better. Her office has a long list of deadlines to meet and has to allow time for candidates to file, absentee voters to vote and early voting to take place before both the special primary and special general elections.

The legislation also requires the state, not counties, to pay for the special elections. The special primary is estimated to cost $2.5 million.

To review the draft legislation, please see the following link:

Bill Draft.pdf

To review the bill summary, please see the following link:

Bill Summary001.pdf

To review Attorney General’s opinion:

Agop001.pdf

On Monday, Gov. Joe Manchin laid out a timeline and says he hopes to name a temporary replacement by the end of the week.

Manchin says he has the list of possible replacements narrowed down to three.

But before a replacement is named, Manchin says the Legislature must first clear up the state’s election laws. He has called a legislative special session for this Thursday.

The Attorney General says the governor has the power to call a special election, but Manchin wants the election laws cleared up so there will be no legal challenges. Manchin says he hopes the legislation will be drafted by Tuesday so lawmakers have a chance to review it before the special session.

"I want to make sure that this election is done right and the Legislature will do the work Thursday," Manchin says. "If they get that work done by Friday and are able to suspend some rules (to speed up the process) because everyone is in agreement and both parties understand the urgency."

Manchin says there will likely be a special primary election and then voters will elect someone to fill Byrd’s unexpired term on Nov. 2 during the general election.

After the laws have been changed and a temporary replacement tapped, Manchin says he’ll move onto his third priority.

"Thirdly, I will make my intentions known as quickly as possible," Manchin says. "So you have one, two, three. I'm three.”

Manchin has said he’s highly interested in running for the U.S. Senate.

Manchin spoke to the Rotary Club of Charleston on Monday and his speech largely focused on national issues. He discussed the need for parties to come together in Washington and issues like cap and trade.

Manchin says there hasn’t been any pressure by those in Washington to make an appointment quickly, but Congress reconvened on Monday and some votes are on hold while Democrats wait to regain the vital vote to overcome a Senate filibuster.

Manchin on Monday said he could appoint someone as early as Friday, if lawmakers clarify the state's succession process by then. He said he will then announce whether he will run for the seat.

The governor is calling the Legislature into special session starting Thursday. He plans to ask the House and Senate to adopt the recent legal opinion from state Attorney General Darrell McGraw.

McGraw concluded that voters could weigh in on the seat before 2012, when Byrd would have faced re-election. Election officials had earlier ruled otherwise.

Manchin wants the seat on the Nov. 2 general election ballot, with party primaries in September.

The 2nd Congressional District Republican told the Charleston Daily Mail that she's not afraid of losing a bid for the Senate. But she says she wants to look at where West Virginia could use her most.

Capito says she doesn't want the state to lose the momentum that she brings to it.

Capito's entry into a Senate race would mean giving up her ongoing bid for a sixth U.S. House term. She is the only Republican member of West Virginia's congressional delegation.

She says she supports a special legislative session scheduled for Thursday to clarify the state's election laws.

Gov. Joe Manchin says it's highly likely that he'll run for the seat left vacant by the death of fellow Democrat Robert C. Byrd. If that happens and he wins, West Virginia will need a new governor by Jan. 3.

State Senate President Earl Ray Tomblin would fill in as governor pending a special election. If Tomblin decides to run and succeeds, that would create a vacancy both for his leadership post and his Logan County district.

Rep. Shelley Moore Capito appears the Republican's top prospect if there's an election for Byrd's seat. But her entry in that race would mean giving up her bid for a sixth U.S. House term.

The clear favorite for the GOP is U.S. Rep. Shelley Moore Capito, R-W.Va., although it's unclear if she wants to run. Capito's campaign manager says she is still weighing her options and she remains focused on her House seat.

Troy Berman, executive director of the West Virginia Republican Party, says all other candidates are waiting to see what Capito does.

But national polls are already sizing up a potential Capito/Manchin match-up.

Rasmussen released a poll Friday in which they polled 500 likely voters in West Virginia. Their poll found 53 percent of those voters would support Manchin, to Capito's 39 percent.

"She's within 15 points and again hasn't spent a dime, hasn't even announced that she's going to run," Berman says. "Those are encouraging signs."

State Democratic Chair Larry Puccio has a different interpretation of the numbers.

"I am extremely pleased that nearly six years after (Manchin) taking office the numbers are so high," Puccio says. "But right now, we're focused on the election process and getting that cleaned up."

The poll also put Manchin up against former Secretary of State Betty Ireland. Ireland was thought to be a GOP possibility because she's the only Republican who's won a statewide election in the last 10 years.

But on Friday, Ireland put those rumors to rest. She told WSAZ.com she will not run and has no interest in the U.S. Senate seat.

State Senator and Minority Leader Mike Hall from Putnam County also has been mentioned in some political blogs as a possible candidate. He tells WSAZ.com he wants to get through the session and make sure the party puts up a good candidate because he's concerned about the direction the country is headed.

In a statement released Friday, the governor said lawmakers will address the succession process.

"After receiving opinions from both our state's Secretary of State and Attorney General, it is apparent that we must have clarity in the law or we risk judicial intervention," Manchin said in the statement.

"The last think I want is for a citizen to go to the polls to cast a vote, only to realize that his or her vote did not count because a judge had declared the election process invalid."

The Secretary of State said state election laws would not allow a special election until 2012, but the Attorney General overruled that decision Thursday.

Secretary of State Natalie Tennant saying the Governor has the power to call a special election and recommended doing so this November.

The governor's legal counsel Jonathan Deem issued a statement Friday urging the Governor to call a special session next week.

“I’ve received dozens of calls this week from lawyers volunteering their time and opinions on this subject," Deem said. "I’ve spoken with lawyers from Charleston, New York, Washington D.C., past colleagues and friends. No two lawyers agree on when the election may take place or how the process should be handled."

Deem believes if the Legislature does not clarify its intent, the state risks a legal challenge or delay in the vote.

A spokesperson in the Governor's Office says a date for the special session has not been determined.

Earlier this week, Governor Manchin announce during a news conference that he would consider a run for Senate in a special election.

Politico magazine is reporting the Governor said during an interview Friday he would declare his intentions about a Senate run on Monday.

The article also claims Manchin called it "highly likely" that he would seek the vacant seat.

"Manchin indicated that the only remaining obstacles left were 'procedural' matters regarding who would become governor were he to vacate the position," according to the article.

A spokesperson with the governor's office tells WSAZ.com nothing has changed since the news conference on Wednesday.

"The governor will highly consider all of his options," Press Secretary Sara Payne Scarbro said.

Scarbro tells WSAZ.com there is no timetable or announcement planned.

Keep clicking on WSAZ.com for the very latest information.

Statement from the Governor’s Legal Counsel Jonathan Deem regarding the need for a special session to address succession:

“I am advising the Governor, in light of the varying opinions on the succession law, to call a special session of the Legislature next week to address the issue.

“I’ve received dozens of calls this week from lawyers volunteering their time and opinions on this subject. I’ve spoken with lawyers from Charleston, New York, Washington D.C., past colleagues and friends.

“No two lawyers agree on when the election may take place or how the process should be handled.

“It is especially clear to me, now that the Attorney General has officially said that he disagrees with the Secretary of State, that the only way to finally put this issue to rest is for the Governor to call a special session.

“If the Legislature does not clarify its intent, the State risks a legal challenge that would undermine or delay the ability of the people to vote in an election.

“The Attorney General graciously agreed, in his opinion to the Governor, to work with the other officers of the Executive Branch and the Legislature to address these issues. The State should take him up on that offer as soon as reasonably possible.”

Just one day after Governor Joe Manchin called on the Attorney General to take a look at the law, Darrell McGraw issued his opinion, recommending the election be held this November.

The opinion overrules a decision by the Secretary of State last week, which said because of a quirk in state election laws, an election couldn't be held until 2012.

"I respect the opinion of the Attorney General and his analysis," Secretary of State Natalie Tennant says. "I do respectfully disagree though with his opinion and I think that disagreement shows even more the need to clarify the intent of the law."

The Attorney General says the 17th amendment in the U.S. Constitution requires Senators to be elected by the public.

"We know that she and others disagree." Attorney General Darrell McGraw, the state's top legal officer says. "But under the constitution of the state the person specifically qualified as a public official to respond to this issue is of course the Attorney General."

The Attorney General's decision now means a lot of political maneuvering throughout the state.

Governor Manchin will still have to appoint someone to fill the seat temporarily, but the appointment will now only be for a few months rather than two and a half years.

The Governor says he will not appoint himself, but he has said he's interested in running for the seat when it goes to election.

"I think every scenario shows that if Manchin runs," Political Analyst George Manahan says, "Manchin wins the election and becomes the next U.S. Senator."

There are a lot of ifs, but if Manchin were to win the Senate seat that would leave a vacancy in the Governor's office. Senate President Earl Ray Tomblin would stand in as acting Governor, but only for about a year. Then the Governor's race would be wide open. Already a lot of people are throwing their names in the ring.

Speaker Rick Thompson says he had always planned on running for Governor and would run for the vacant seat if that scenario plays out.

"It would be an open election, even if you have another position, you can run for Governor and not have to give up your seat," Manahan says. "Now the question gets to be how those candidates are nominated. If they're nominated by the party I think on the democratic side that puts John Purdue in a really good position."

Purdue is the current state treasurer and has said he's interested in running for Governor.

As for the Senate seat, Governor Manchin says he will now get with legislative leaders to figure out where to go from here.

Secretary Tennant says there are many options for how this could play out. She says there could be a primary, parties could appoint candidates or it could be an open election, meaning whoever wants to run, puts their name on the ballot in November.

The Attorney General's opinion recommends having a primary election prior to November.

Shelley Moore Capito is rumored to be the clear front-runner for the Senate seat.

Her office said today she's in a unique position because she already has a lot of campaign funds. However, they would not say if she was interested in running for Senate or Governor. Capito's campaign manager says she is committed to winning re-election to Congress, but would like an opportunity to represent the entire state of West Virginia.

Secretary of State Natalie Tennant says her office's interpretation of the law is that a special election could not be held until 2012. After Wednesday's news conference, Tennant stood by her decision.

But the Attorney General Darrell McGraw has interpreted the law differently.

Governor Manchin says he wants the issue to go to the voters. He also says he would likely run for the Senate seat in an election, but he would not appoint himself.

Statement from Governor Joe Manchin
The governor is in Boston for the National Governors Association's Annual Meeting this weekend, but today (Thursday) he released the following statement after learning that West Virginia Attorney General Darrell McGraw has issued a recommendation regarding the state’s succession law:

“I appreciate the Attorney General for rendering such a swift reply in accordance to my recent request seeking his opinion on the state’s succession law to fill the vacancy left by the passing of our beloved U.S. Senator Robert C. Byrd.

"The Attorney General has determined that, in his opinion, a special election to fill the vacancy may occur before 2012 and may occur in conjunction with the general election this November.

"In light of this opinion, I plan to speak with the state's legislative leadership immediately to determine how we will further proceed in order to reach a conclusion to this matter."

In fact, the governor wants to see the seat on the November ballot.

"I truly believe that the cornerstone of our democracy hinges on the election process and that every voice can be heard through a vote," the governor said. "Therefore, I would never support denying our citizens this right. Whether it is for a month or 2 ½ years, I just will not make that decision for the people of West Virginia."

During a Wednesday press conference, the governor asked the state attorney general to weigh in on the process before he makes an appointment.

"I truly believe, out of respect for the Attorney General, that he should be given the opportunity to provide clarity on this issue," Governor Manchin said. "The Attorney General is the highest ranking legal official in the executive department and his opinions hold tremendous weight. I will not move forward on an appointment or the succession process until the Attorney General’s opinion is rendered."

Byrd had slightly more than 30 months left in his term when he died last week at the age 92. State election officials concluded that Byrd's seat wouldn't go before voters until 2012.

"Two and a half years for me to appoint somebody to replace this giant of a person in Robert C. Byrd is far too long," Governor Manchin said.

If the Attorney General uphold's the Secretary of State's interpretation of the law, the West Virginia legislature could change the state's election laws in a special session slated for later this month. Governor Manchin says he would discuss that with legislative leaders before putting the item on the agenda.

Manchin and most of the Legislature are Democrats, as was Byrd. That party is trying to hold its majority in the U.S. Senate.

Rep. Shelley Moore Capito is the GOP's top contender for the seat. She wants it on the November ballot, and isn't ruling out running. But a spokesperson for Rep. Capito said today it's too early to make a decision because there are too many moving parts.

During Wednesday's news conference, the governor announced he is expecting to have the Attorney General's opinion by no later than the first of next week.

"To just hastily try to do something because of the time sensitive and to fill the giant shoes of Robert C. Byrd who was a stickler for the Constitution and really demanded things be done and done right would not be I think a good steed for him," Manchin said.

Governor Manchin announced again he would not appoint himself as Byrd's successor. However, the governor says he does have a short list of names he is considering for Byrd's replacement.

Manchin would not name names, but he said most of the names have been mentioned in several news reports.

WSAZ.com reported early last week former Democratic Chairman Nick Casey, current Democratic Chairman Larry Puccio, Senator Byrd's longtime aide Anne Barth, former Governor Gaston Caperton and former Governor Bob Wise are all names that political experts believe could be on Manchin's list.

However, the governor announced during the news conference his wife, Gayle Manchin, was not on the list. He said he believes they are a good team and they need to keep working closely together.

I have several people of just high caliber," Governor Manchin said. "The work will be started whether I make an appointment for a short period of time or a long period of time. I can assure you the person I appoint will be someone who understands the needs of working people the needs of businesses to be able to survive and compete."

Rep. Shelley Moore Capito joined a growing chorus Wednesday calling on Gov. Joe Manchin and state lawmakers to allow for a special election this year.

Byrd, a Democrat, was history's longest-serving senator when he died last week at age 92.

Byrd had slightly more than 30 months left in his term. State election officials concluded earlier that Manchin's appointee to fill the vacancy would hold the seat until 2012.

The governor has scheduled a news conference for 11 a.m. Wednesday to announce the process for finding that successor. An array of groups want Manchin to take the seat.

Keep clicking on WSAZ.com for the very latest information.

The governor's office has announced Manchin will discuss the succession process with reporters Wednesday in Charleston.

Republicans, labor leaders and the business community have all weighed on the future of a Senate seat held by Byrd for several decades.

Last week, Manchin said he would not start searching for a successor until after the longest-serving senator is laid to rest. That occurred Tuesday in suburban Washington.

He said it would be "so disrespectful" to discuss succession before then.

The news conference is set for 11:00 a.m. Thursday.

Keep clicking on WSAZ.com for the very latest information.

On Tuesday, the union released a resolution adopted by its Executive Board that calls on Manchin to fill the seat.

Since Byrd's death at age 92 one week ago, there have been questions about who Manchin would appoint to fill the unexpired term and whether that appointee would face a special election. Byrd's term expires at noon on Jan. 3, 2013.

Manchin told The Associated Press last week that he wouldn't appoint himself. A Manchin spokeswoman didn't immediately return a telephone message Monday seeking comment on the AFL-CIO's resolution.

The GOP's Doug McKinney on Monday joined a growing list of officials who say the Legislature should fix an election law that delays that vote until 2012.

On Friday, Secretary of State Natalie Tennant said voters should be allowed to choose Byrd's successor in November, and the state's Chamber of Commerce endorsed that view on Monday.

Since Byrd's death at age 92 one week ago, there have been questions about who Manchin would appoint to fill the unexpired term and whether that appointee would face a special election. Byrd's term expires at noon on Jan. 3, 2013.

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