CHARLESTON, W.Va. — The debate over who should replace Daniel Hall as the state’s 9th Senatorial District representative has begun in earnest after announcing he would go through with his resignation.
However, Senate Majority Leader Mitch Carmichael (R-Jackson, 4) personally believes there isn’t much to debate after looking at the section of state code dealing with replacement of senators, even if he switched from Democrat to Republican after being elected.
“The person elected was Daniel Hall and he changed parties,” he said on Monday’s “Talkline.” “It didn’t go back, he didn’t change back. ‘The party in which the person immediately preceding the vacancy was affiliated.’ There is no other way to read it.”
The statute he referenced continues to be debated between those who believe the appoint should be made from the party he was elected with and those who believe it should be from the party he was affiliated with immediately after his resignation.
One of the voices calling the Republican interpretation of section 3-10-5 into question is state Democratic Party Chair Belinda Biafore.
While admitting there are some instances where the law reads “the person immediately preceding the vacancy was affiliated,” there are other section that giver her and others pause.
“I still think there’s a discrepancy and I think we’re going to stand by what the voters wanted in the 9th District.”
Their main point of contention deals with section (c) of the code, which offers replacement candidates must be submitted by the party executive committee of the state senatorial district in which the vacating senator resided at the time of his or her election or appointment.
Republicans claim this portion is intended for location, rather than party affiliation and this is a ploy by Democrats to wrestle back the Senate in a 17-17 tie after Hall’s switch gave the GOP control.
Despite the dismissal, Democrats are organizing their committees within the 9th District to begin the process of selecting their own replacement.
“We’re about to take the appropriate steps to make sure that the members of the 9th Senatorial Committee have what they need to complete the process,” Biafore said. “We’re going to send those names over to the governor and stand by the people’s choice, which was a Democrat.”
Carmichael brushed off any challenges to their interpretation and said they would continue working in the Senate as normal.
“We’re going to operate at this end no matter how many hurdles are put in place by the Democrat Party, who seeks to gain an advantage where there isn’t one.”
The debate may head into the courtroom, but a decision from Gov. Earl Ray Tomblin must come first.
“Any action necessitated by the governor would not occur until after names for the vacancy are submitted,” said Chris Stadelman, Tomblin’s Director of Communications. “There will be no announcement regarding potential action until that time.”
When asked if submissions from both Democrats and Republicans would be looked at, he stated all correspondence to the governor’s office is reviewed.