The next regularly scheduled election for governor in West Virginia will be in 2012. But there are a growing number of people who think there should be a special election for governor in 2011. They're convinced Gov. Joe Manchin will be elected to the U. S. Senate at the special election for that seat in November, forcing him to resign as governor halfway through his current four-year term that ends in January of 2013.

One such individual is West Virginia University law professor Bob Bastress, an expert on this state's constitution. He told a reporter last week he believes the 2011 Legislature should take action to remove the current confusion about the way a vacancy in the governor's office is filled when it convenes for the regular 2011 legislative session in January. A special election in 2011 would be a key ingredient of that solution.

Currently, State Senate President Earl Ray Tomblin, D-Logan, who holds the title of lieutenant governor as part of that job, will become acting governor while continuing to serve as the leader of one of the two houses of the Legislature. And Tomblin, relying on his legal advisers, believes he can legally continue in this dual role until the next regular election cycle for governor in 2012 when he plans to run for a full, four-year term as governor.

West Virginia's constitution states that when a governor leaves office for any reason during the first three years of his term, a "new election for governor" shall take place to fill the vacancy. The constitution, however, does not spell out when that election must take place.

State law does provide that "if the vacancy shall occur more than thirty days next preceding a general election, the vacancy shall be filled at such election." Clearly, Gov. Manchin isn't going to resign as governor until he's won the Nov. 2 general election for the U. S. Senate seat. This would seem to indicate the vacancy in the office of governor won't occur until after the 2010 general election so the "next preceding" general election will be in November of 2012.

Ray Ratcliff, who is general counsel for the state Senate, said he thinks the state law is clear that the election should be in 2012

The only state Supreme Court case on this issue came in 1984 when Gov. Jay Rockefeller was elected to the U. S. Senate in the November general election after serving the maximum eight consecutive years as governor. Newly elected Gov. Arch Moore wasn't due to be sworn in until Jan. 14 and Rockefeller was due in Washington when the U.S. Senate convened on Jan. 3.

So questions arose about who would serve as acting governor for those 11 days. Wyoming County native Warren McGraw was the Senate President and his legislative term was due to end Nov. 30, 1984 since he had not run for another term in the state Senate but rather had run--and lost--in the 1984 Democratic primary race for governor.

But there's a big difference between 11 days and more than 11 months, particularly with at least three other members of the Legislature in addition to Tomblin who would like to be the next elected governor. . .

MEANWHILE, this state's ten billion dollar investment portfolio that has suffered during the recent economic down turn in the United States is now back on the high road, according to a report from the state's Investment Management Board last week. The investment fund posted a 16 percent rate of return for the state fiscal year that ended June 30, 2010 which is more than double the annual earnings target of 7.5 percent.

But that came only after two back-to-back negative years of minus 6.5 percent and minus 15.6 percent. So that leaves the state's portfolio with a 10-year average return of 5.6 percent.

The same caution needs to be attached to the reports that the state collected $24 million more than expected in July, the first month of the new budget year. An early lottery fund transfer and one-time liquor license renewals are largely responsible for the increase.

As Budget Director Mike McKown warned last week, the state is still looking at a $200 million deficit for the current budget year that began July 1, 2010 if "we hold everybody at current levels and all current programs continue." . . .

FINALLY, it's another of those state-by-state comparisons that casts West Virginia in an unhealthy light. This state is one of nine in the nation where one in three residents is probably obese, according to a study of results from surveys in 2009. Mostly southern states like Mississippi, Arkansas, Louisiana, Tennessee and neighboring Kentucky are also in the list.

The Centers for Disease Control and Prevention attributes the latest increase in obesity, however, to more honesty from people surveyed rather than an actual increase in the problem. And what is the gauge? Well, for a woman who is five feet, four inches tall, she is considered obese if she weighs at least 174 pounds. And a man who is five feet, 10 inches tall is judged to be obese if he weighs at least 209 pounds. . .

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