Right now, Logan County Democrat Earl Ray Tomblin who is president of the state Senate, will probably become acting governor in addition to his legislative duties starting in January and perhaps continuing in that dual capacity for two years. That's the outcome if Gov. Joe Manchin does win the special November election to serve the last two years of the six-year term of the late U. S. Sen. Robert C. Byrd.
This will require Manchin to resign as governor before he can take the oath as a U. S. Senator. Current West Virginia law and the state constitution as well provides that the current state Senate president then assumes the dual role as the state's chief executive on top of his duties as leader of one of the two houses of the state legislature.
The only possible obstacle would be for someone other than Tomblin to be chosen for the next two-year term as Senate president when the Democratic majority in the 34-member state Senate caucuses privately to make that choice in December. Since Tomblin has prevailed at this closed-door caucus for the last 16 years, the odds of him not winning another term is even less likely than Manchin not winning the special U. S. Senate election in November.
The Senate President has been officially designated as lieutenant governor since state law was changed a few years back. And the state's constitution, in Article 7, Section 16, clearly states that if the present governor's office becomes vacant for any reason, the “President of the Senate shall act as governor until the vacancy is filled.”
That same section of the state's constitution does provide that if the office of governor becomes vacant "before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy."
The uncertain issue in this scenario is when the “new election for governor” would take place. But it's not uncertain in Tomblin's mind. He has said constitutional lawyers advise him the election couldn't take place until the regular vote in 2012 for the next four-year term as governor.
There is always the possibility that the Legislature could enact new election laws to provide for a special election for governor before 2012. But that action would have to be made by at least three legislative leaders who hope to run for the next full, four-year term as governor then. Tomblin heads that list that also includes House Speaker Richard Thompson, D-Wayne, and Senate Judiciary Chairman Jeff Kessler, D-Marshall.
The biggest issue could rather be whether or not Tomblin is entitled to the governor's six-figure salary of $150,000 annually in addition to his paltry legislative pay that pales in comparison.
Meanwhile, virtually lost in the attention focused at last week’s conclusion of the latest special legislative session of 2010 to the bill setting up the special primary and general election for the vacant U.S. Senate seat was the latest failed attempt to enact meaningful public education reform.
Lawmakers did approve some of the less spectacular measures recommended by the governor but teacher unions continued to influence the House of Delegates' education committee where the significant proposals were rejected again including a sweeping overhaul of a plan to cope with low-performing schools.
Another bill that called for frequent health screenings of public school students by physicians was watered down so that it merely recommends this course of action rather than making it a legal mandate. And Delegate Woody Ireland, R-Ritchie, is one of the committee members who is well known as one who articulates the failures of the legislative process in candid fashion.
He said the committee “took a ridiculous bill and made it worthless.” He accurately described the final legislation approved by the committee to be a “feel-good” bill that really does nothing to improve the health of children in the state’s public schools.
Finally, many of last week’s planned three days of monthly interim committee meetings scheduled for lawmakers in Charleston were shelved because of the length of the special legislative session. But the Joint Committee on Government and Finance did hear some encouraging news about the state's unemployment compensation trust fund.
Russell Fry, the acting executive director of WorkForce West Virginia told legislative leaders that it now appears West Virginia will be one of few states that will be able to finish 2010 without running out of money in its unemployment compensation trust fund. But it's still possible the state may need a temporary increase in its current tax rate on employers of 8.5 percent after January to remain solvent, he predicted.
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