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Byrd succession timetable may be reviewed

The flag-draped casket of the late Sen. Robert Byrd of West Virginia is carried by a military honor guard funeral detail up the Senate steps at the U.S. Capitol July 1, 2010 in Washington. UPI/Bill O'Leary/POOL
1 of 2 | The flag-draped casket of the late Sen. Robert Byrd of West Virginia is carried by a military honor guard funeral detail up the Senate steps at the U.S. Capitol July 1, 2010 in Washington. UPI/Bill O'Leary/POOL | License Photo

CHARLESTON, W.Va., July 1 (UPI) -- Some West Virginia lawmakers say they expect the Legislature to review the succession plan for the seat of Sen. Robert C. Byrd during a special session in July.

Byrd, who represented the state in the U.S. Senate for more than a half-century, died Monday in a Washington-area hospital at the age of 92. A memorial service was planned for Friday.

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Earlier this week, Secretary of State Natalie Tennant said no special election to fill Byrd's seat would be held until November 2012, when West Virginia voters would elect someone to complete the roughly five weeks of his unexpired term and someone for a full six-year term in the same election, similar to what Pennsylvania did to elect a successor for Rep. John Murtha.

Gov. Joe Manchin would appoint someone to occupy Byrd's seat until 2012.

The West Virginia Legislature has a special session scheduled for mid-July to address education issues, The Hill reported Thursday. In a radio interview Wednesday, Charleston Mayor Danny Jones said he expects Manchin to include the special-election matter on the Legislature's agenda, which would require the governor to issue a proclamation expanding the parameters of the special session. The governor's office hasn't indicated what it will do.

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Also, state Attorney General Darrell McGraw said his office was examining whether Tennant's office properly interpreted the law, noting the secretary of state didn't seek guidance from the attorney general's office.

Tennant told The Hill her office stands by its interpretation of the state's election code and anticipates a special election won't be held until November 2012. She said she spoke with McGraw Wednesday, apologizing for not discussing the matter with his office.

"When you're dealing with elections it's probably never case-closed," she said. "There are a lot of people looking for holes in this declaration I made."

Troy Berman, executive director of the West Virginia Republican Party, said political momentum in the state is swinging toward revisiting the issue.

"This isn't a partisan thing at all," he said. "It's coming from both sides."

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