But since 1932, state law has included a provision (Chapter 60, Section 3, Article 12) that prohibits the retail sale of liquor on Sundays and also on "any general election day". So the West Virginia Alcoholic Beverage Control Administration decided there would be no retail sale of liquor at yesterday's special primary election.
Purists will argue that this was a mistake since the law specifically notes this ban applies only to general elections. But the position of the state ABC, as outlined by spokesman Gary Robinson last week is that "it is what it is; it's a statewide election day, and that's what the rules are."
Never mind that these retail liquor stores can stay open to sell beer and wine that day. And never mind that West Virginia now is one of only five states that prohibits the sale of liquor on Election Day. The initial portion of State Code 60-3-12 states that the ABC commission "shall fix the days on which state stores shall be open. . ." and goes on to specify that the stores "shall not be open on (1) Sundays; and (2) any general election day."
Retailers who also sell beer and wine had to decide whether or not to remain open yesterday and most indicated they would keep normal hours despite the likelihood of a sharp drop in business for the day. The normal primary and general elections are on Tuesday when sales volume generally is not as busy as the weekend.
Probably the most sensible approach would be to either close down the business entirely on Election Day so there are no beer and wine sales either or change the law to allow these retailers to stay open on Election Day.
The 2009 Legislature took up a proposed bill that would have lifting the ban on retail liquor sales on Election Day but it died when the state Senate added an amendment to allow these stores to be open on Sundays as well. It's unlikely legislators even thought of the impact on liquor stores while rushing to enact the bill to schedule the special primary election to nominate the individuals to run for the unexpired U. S. Senate term in the November general election.
There clearly won't be as much of a fuss when the stores close on Tuesday, Nov. 2 for the general election. So the 2011 Legislature may try once again when it convenes for 60 days in January to change the law.
Harrison County Delegate Ron Fragale, the House Speaker Pro Tem, has previously sponsored the bills to open up retail liquor stores on Sunday. He said last week he would support a change in the law limited to future elections because he doesn't believe "most people would even notice it.”
Meanwhile, West Virginia's conversion from one of only a handful of states that operated its own workers' compensation fund to private enterprise when Brickstreet took over a few years back is considered a success. And now other private insurers share the business with the transitional Brickstreet operation.
But disgruntled workers in the state technology offices rallied at the State Capitol last week to protest the possibility that state government will "outsource" some 600 jobs in the West Virginia Office of Technology, insisting it will not be nearly as cost-effective. They tried without success to get an audience with Gov. Joe Manchin to voice their concerns.
Earlier this month their boss told legislators during the August interim committee meetings that any such move is in the "extremely preliminary" stages. He said it is only one of several options being studied to reduce the current $35 million annual expenditure on state information technology services.
State workers point to the problems that have occurred in both Texas and Indiana where IBM is now embroiled in legal battles resulting from outsourcing contracts it has with those two state governments. IBM reportedly is involved in discussions for a contract in West Virginia as well. . .
Finally, the subject matter of federal subpoenas served on the West Virginia Department of Administration and the Division of Highways is going to remain secret for now despite efforts by a Charleston newspaper to force the state attorney general's office to make the information public under the state's Freedom of Information Act.
Special Assistant Attorney General Dwane Tinsley, a Charleston lawyer retained by Attorney General Darrell McGraw to help with this probe, has declined to divulge the details. He said the subpoenas were directed to the agencies and not to any individuals and Gov. Manchin has issued a statement insisting no individuals in state government are under investigation. But a law professor at West Virginia University considered an expert in the field, claims the state is acting improperly by keeping these subpoenas under wraps, so the details may yet emerge.
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