| The West Virginia Supreme Court yesterday ordered acting Gov. Earl Ray Tomblin to set a statewide election for governor no later than Nov. 15.
The court, in an unanimous decision, ruled that the West Virginia Constitution does not permit a Senate president to act as governor, as Tomblin is doing, for a period of longer than one year.
Tomblin took over as governor at noon on Nov. 15, 2010, when Joe Manchin resigned to become a U.S. senator.
Calhoun County's commissioners have previously expressed concern about the cash-strapped county, funding such elections. While the state paid for the special US Senate election, they are not required to pay for what appears to be two elections for governor in 2011 - a primary and special election.
Calhoun was reimbursed about $18,000 for holding the special senate election last year.
Justice Brent Benjamin, writing the opinion, said that current law for the special election of governor provides that nominees for the election will be selected at state party conventions.
The decision further said, "We observe the Legislature has just begun its general session. The Legislature may amend the procedure for providing for a new or special election if it deems appropriate to do so...all acts necessary to elect a governor shall be completed within one year of the vacancy in the office."
Kanawha County Commission President Kent Carper said "I have stated all along that we need a real election, not politicians sneaking around in a back room."
Tomblin said he believes there should be a primary election to select nominees for the special election this fall.
Numerous legal questions surround the entire debacle, with the WV Constitution being vague about succession.
South Charleston lawyer Thornton Cooper, one of the petitioners in the case, said he was not surprised that the court took issue with Tomblin serving as "acting governor."
There is a crowded field of candidates for governor, including legislators who could be acting on legislation to set the ground rules.
The Charleston Gazette says that includes Tomblin, Sen. Jeff Kessler, D-Marshall; House Speaker Rick Thompson, D-Wayne; Sen. Brooks McCabe, D-Kanawha; and Sen. Clark Barnes, R-Randolph.
Others who have either announced their intention to run or have been discussed as possible candidates include Democrats Secretary of State Natalie Tennant and state Treasurer John Perdue, former Republican secretary of state Betty Ireland and state Republican Party Chairman Mike Stuart.
| 
