Election 2008: Supreme Court (Updated)

• The Associated Press delves into the combined 142 years of legal experience of the race's Democratic candidates, while asking each about the one case from their careers that sticks out in their minds;

• A poll by TSG Consulting shows Menis Ketchum and Margaret Workman ahead in the Democratic field, but with 40 percent undecided and an error of margin of +/- 5.1%, The Charleston Gazette reports;

• MetroNews also has the TSG poll;
  

• The Herald-Dispatch of Huntington profiles the race and reports that "recent scandals and perceived conflicts of interest are at the top of citizens' lists of things to correct when two justices are elected to the West Virginia Supreme Court of Appeals in November."

• AP highlights the money race to date: "Lawyers remain the most generous source of campaign cash for West Virginia's Supreme Court races, with the coal industry and physicians also contributing significant sums to this year's candidates."

One Week To Go (Updated)

As West Virginia wraps up early voting and approaches its May 13 primary:

• Besides the previously noted planned visits by Hillary Clinton and John McCain, The Charleston Gazette also suggests an imminent Barack Obama appearance.

• The Associated Press' Tom Breen previews the Democratic primary match-up between Gov. Joe Manchin and Delegate Mel Kessler of Raleigh County.

• The Mountain Party, the only third party with ballot status in the state, has announced endorsements and delegates to the national convention of its affiliated Green Party, The Gazette reports.

• (Update) The Charleston Daily Mail scrutinizes e-mails to and from Supreme Court candidate Bob Bastress, a West Virginia University law professor.

• (Update) WSAZ-TV reports on a poll showing Manchin with 63%, Kessler with 20% and 17% undecided among likely primary voters.
  

Faculty Senate Votes No Confidence in Garrison (Updated)

The tally was 77-19 with one abstention. As The Associated Press reports, the measure "demands that Garrison step down, or that the WVU Board of Governors require his resignation."

"The Faculty Senate’s action represents only a recommendation," MetroNews observes. "Neither Garrison nor the Board of Governors has to follow the vote. But it does represent a strong feeling by the faculty."

MetroNews also has audio.

Update: MetroNews also has video of the resolution motion, the final vote and Senate reaction. It also has the text of Garrison's responding statement.

Others with reports include The Charleston Gazette, The Daily Athenaeum, Public Broadcasting (with audio) and the Pittsburgh Post-Gazette.

Rasmussen: Clinton 56%, Obama 27% in W.Va. (Updated)

Rasmussen polled 840 Democratic primary voters over the weekend to find that Hillary Clinton continues to maintain the 2-to-1 edge over Barack Obama indicated by the firm's mid-March survey.

"Clinton is viewed favorably by 72% of West Virginia’s Primary Voters, Obama by 48%," Rasmussen said in a release. "Clinton’s numbers are unchanged while Obama’s ratings have dropped five percentage points."

The poll was released amid news that presumptive GOP nominee John McCain plans to visit West Virginia on May 16. The Associated Press has a story.

Rasmussen found that "72% say they’re at least somewhat likely to vote for Clinton over McCain in the general election. However, only 56% say they’re somewhat or very likely to vote for Obama."

Update: Hillary Clinton has announced a Thursday appearance in Charleston, AP reports.

Update II: The margin of error was +/- 3.5 percentage points. Among other findings:

• Clinton's favorability rating remains unchanged from March, at 72%, while Obama's has dropped from 53% to 48%.

• The economy and the war in Iraq remain the top two issues among the voters polled.

• President Bush's disapproval rating edged up by a point, to 85%.

• Gov. Joe Manchin's approval rating dipped from 57% to 53%.

ATVs in W.Va.

The Register-Herald offers a series examining the popularity of all-terrain vehicles in the Mountain State, the record high fatality rate and the long-running legislative debate over safety regulations.

The Beckley newspaper reports that the state's ATV laws are "more lax than surrounding states," and notes the lack of successful legislation this year in the face of "a comprehensive 64-page study of West Virginia ATV deaths and injuries compiled by the state Bureau for Public Health and the Criminal Justice Statistical Center."

WVU Faculty to Weigh In on DaughterGate (Updated)

The Associated Press sets the stage for today's meeting of WVU's Faculty Senate and its consideration of resolutions responding to the DaughterGate scandal.

But AP also reports that even if faculty vote no confidence in President Mike Garrison, "it's unclear whether it will be anything more than symbolic. Garrison has repeatedly said he won't resign, and he has powerful backers in his corner, including Gov. Joe Manchin and WVU Board of Governors members he appointed."

MetroNews also previews the day's possible actions, as does The Daily Athenaeum. WVU's student-run newspaper also reports that "four West Virginia University head athletics coaches spoke out in support" of Garrison over the weekend.
(Update: the Charleston Daily Mail is among those focusing on the timing and handling of the endorsements.)

The Pittsburgh Post-Gazette took a step back in a Sunday story that offers the recent report on DaughterGate as "a detailed, inside look at how far officials were willing to go for the governor's daughter, inventing explanations, falsifying her records and repeatedly misleading the public."

AP also earlier reported on the scandal's potential impact on WVU donors.

Update: West Virginia Media interviewed Garrison, and offers video in six parts along with commentary. The Charleston Gazette, meanwhile, reported that W.Va. Media "originally planned to feature Garrison critic Peter J. Kalis and others, but the station canceled Kalis after it secured an interview with Garrison."

"Selection Day" for Teacher Pension Transfers

As The Associated Press reports, Monday marks the day for Teachers' Defined Contribution plan enrollees to hand in the paperwork necessary to allow them to transfer into a different retirement program.

"Officials expect heavy turnout for 'Selection Day.,'" AP reports. "Supporters certainly hope that's the case: just 2,251 (TDC) participants had requested transfers as of Friday, according the latest figure posted by the state's Consolidated Public Retirement Board."

"Transfers will occur only if at least 65 percent, or 12,343 enrollees, make that choice," the article said. "Those who don't would still keep their individual TDC accounts."

AP also details some of the hurdles facing the transfer process, including a tight time window, while also hearing from TDC enrollees who want to keep their individual investment accounts.

MetroNews also reports on "Selection Day."

Election 2008 Shorts (Updated)

• The Intelligencer of Wheeling compares Gov. Joe Manchin with his Democratic primary rival, Delegate Mel Kessler of Raleigh County, on the topic of coal liquefaction.

• The Associated Press finds that Barack Obama's campaign is focusing on the coal issue Monday: "Illinois State Rep. Dan Reitz, a former coal miner, is scheduled to visit with miners in Beckley and take a tour of coal extraction technology at West Virginia University Tech," AP reports. (Update) Reitz talked to MetroNews, as did a New York farmer stumping for Hillary Clinton in the Eastern Panhandle. Audio from both here.)
  

• A National Rifle Association official and U.S. Rep. Shelley Moore Capito, R-2nd, helped headline a Berkeley County event where GOP officials predicted that "discontent Americans, upset with problems common to most people — including the rising cost of gasoline — will provide the momentum behind Republican victories in upcoming 2008 elections," The Journal of Martinsburg reports.

• The Charleston Gazette notes that at least 15 former lawmakers seek to re-enter the Legislature this year.

• The Journal also focuses on the Obama campaigns efforts in the Eastern Panhandle in advance of next Tuesday's primary.

• The Gazette also crunches some campaign finance numbers in the state Supreme Court race.

• (Update) The AP's Tom Breen talks to some of the 2008 candidates considered longshots, including Kessler and U.S. Sen. Jay Rockefeller's two Democratic primary challengers.

• (Update) The Charleston Daily Mail focuses on a TV ad from the Affiliated Construction Trades Foundation targeting Supreme Court Chief Justice Elliott "Spike" Maynard.
  

The Pros and Cons of Downsizing Government

Figures tracked down by The Charleston Gazette appear to flesh out the Manchin administration's pledge to reduce the size of state government.

"Currently, state government is budgeted to operate with a total of 38,460 full-time equivalent positions," the article said. "However, as of Friday, according to figures from the Budget Office, there were a total of 3,419 vacant full-time positions - or nearly one job in 10."

The Gazette further found that Health and Human Resources topped that tally, with 640 vacant positions out of 6,250 budgeted. The Division of Highways followed with 598 out of 4,498.

The review had been prompted by a recent Capitol rally of environmentalists and union workers, who believe vacancies at the Department of Environmental Protection impair DEP's "ability to enforce the Clean Water Act," the article said (while finding 94 unfilled positions out of 911).

The article also cites a public employees' union official, who said that "while cutting the size of state government sounds good in theory, it appears to be coming at the expense of agencies being able to perform vital services."

Election 2008: Gas Prices

As The Associated Press reports, "soaring gasoline prices are suddenly the nation's No. 1 crisis, and all the presidential candidates are offering cures." And with its May 13 approaching, West Virginia is seeing at least two of the candidates bringing up that issue in the state.

AP reports that on the campaign trail, "The slew of proposals includes: a summertime suspension of federal gas taxes, backed by John McCain and Hillary Clinton; a windfall-profits tax on oil companies, supported by Clinton, Obama and many other Democrats; a cry for new refineries, nuclear power plants and drilling in the Alaskan wilderness, sounded by President Bush and his GOP allies; calls by those in both parties to stop buying oil at $117 a barrel - only to pump it back into the ground for strategic reserves."

The Charleston Gazette and the Charleston Daily Mail both touch on the gas price issue in their coverage. The latter observes that Barack Obama has "aired a statewide commercial attacking the oil industry for sky-high gas prices and pushing for alternative energy solutions and 'green' jobs creation."

Obama supporter and U.S. Sen. Jay Rockefeller, D-W.Va., meanwhile, has proposed what The Register-Herald of Beckley calls "monthly handouts of $100 to $165 for low-income motorists strapped to buy gas in a time of soaring prices." MetroNews also reports on Rockefeller's "low-Income Gas Assistance Act."

Clinton vs. Obama in W.Va.

Public Broadcasting and the Charleston Daily Mail are among the latest with takes as the primary battle between Hillary Clinton and Barack Obama takes shape in the Mountain State.

The Daily Mail reports that the Obama camp is "hitting on all cylinders in the state with TV spots and automated telephone messages," with the latter narrated by U.S. Rep Nick Rahall, D-3rd.

As for the Clinton camp, "former President Bill Clinton stopped in Morgantown and Clarksburg in support of his wife while touting her desire to provide immediate relief at the gas pumps," the article said. It adds that "both campaigns have opened up a slew of offices around the state."

Offering both audio and a transcript, Public Broadcasting interviews voters in Man, Logan County. Its conclusions: "Hillary Clinton has nothing to worry about this primary season," and "(John) McCain can expect to poach more than a few local Democratic votes come November, particularly if Obama is the nominee."

Public Broadcasting also has a report and audio from the former president's West Virginia visits.

The Charleston Gazette, meanwhile, focuses on Obama's endorsement from state Auditor Glen Gainer.

DaughterGate Update (Updated)

• The Daily Athenaeum reports that "'concerned students' are scattering posters throughout the campus and demanding that President Michael Garrison and BOG Chairman Steve Goodwin step down from their positions."

• The WVU student-run newspaper also finds that "calls from faculty for the censure or resignation of West Virginia University President Michael S. Garrison continued on Wednesday."

• The Pittsburgh Post-Gazette reports that "the university can provide no records of phone calls Mr. Garrison made during the critical five-day period when WVU decided to award the governor's daughter a degree she did not earn." While "no long-distance calls were made using the identification number assigned to Mr. Garrison by the university," WVU's "cell phone provider has been unable to produce a copy of Mr. Garrison's cellular records," the article said, quoting a WVU lawyer.

• Garrison tells The Associated Press that "while still insisting he did not pressure anyone to award the governor's daughter a master's degree she didn't deserve," he "does wish he'd handled the matter differently."

• Gov. Joe Manchin tells AP, MetroNews and The Charleston Gazette that "he does not believe Garrison should be pressured to step down," adding to AP that "You cannot go on a witch hunt."

• (Update): Public Broadcasting compares and contrasts statements from Manchin and Garrison. With audio.
  

• (Update) AP has posted the various scandal-related resolutions pending before WVU's Faculty Senate.

• (Update) The Charleston Daily Mail inquires with former Gov. Bob Wise on the topic.
  

Election 2008 Roundup (Updated)

• The Intelligencer profiles the Democratic side of the race to succeed state Sen. Andy McKenzie, R-Ohio.

• The Wheeling newspaper also looks at the four Democratic candidates for state Supreme Court.

• Public Broadcasting backgrounds the four Democrats running in West Virginia's 2nd Congressional District. With audio.

• (Update): The Associated Press reports from former President Clinton's campaign stops in Morgantown and Clarksburg. MetroNews has a story and audio.
  

• (Update): The Charleston Daily Mail highlights a much-decorated Iraq war veteran now running for the House of Delegates out of Mason County.

• (Update): The Daily Mail also focuses on Delegate Mel Kessler of Raleigh County, Gov. Joe Manchin's opponent in the Democratic primary.
  

Mountaineers Buckling Up

Though West Virginia doesn't ticket motorists solely for failing to wear their seat belts, the Mountain State's compliance rate is such that it qualifies for $5 million in federal safety grants, MetroNews reports.

"West Virginia's seat belt usage rate is near 90-percent for the past two years," MetroNews explains. "The other states meeting the qualifications for buckling up are Georgia, Utah, Pennsylvania, and Nevada."

MetroNews also has audio from a deputy U.S. Transportation secretary, while The Charleston Gazette has an article as well.

Supporters Worried About TDC-TRS Transfers

The Charleston Gazette reports that "heads of two state teacher and school employee groups sent a letter to Gov. Joe Manchin Wednesday asking him to extend the deadline for about 19,000 teachers in one retirement plan to decide whether to switch to another plan."

The West Virginia Federation of Teachers and the allied state School Service Personnel Association argue they "need additional time to counter confusion and misinformation about the transfer election," the article said.

A Manchin spokeswoman told The Gazette that "changing the deadline could only be done through a special session of the Legislature."

The more than 19,000 enrollees in the Teachers' Defined Contribution plan have until May 12 to decide whether to transfer. But for any transfers to take effect, at least 12,343 must make that choice.

As of Friday, 1,530 had elected to transfer, according to the program's Web site. The transfer plan envisions May 5 as a major event, with enrollees able to drop off their transfer forms at their schools.

Early Voting In W.Va.

West Virginia completed its opening week of early voting with nearly 18,400 ballots cast, The Associated Press reports.

About 72 percent of the voters have been Democrats, according to the figures culled by the secretary of state's office from 51 of 55 counties.

The 2008 primary marks the first time that unaffiliated voters can cast ballots in either the Democratic or Republican Party. But to avoid swaying these voters over which ballot to choose, poll workers aren't allowed to remind them of that option. They must instead request a partisan ballot, or with otherwise be given a nonpartisan one.

As a result, Public Broadcasting reports, "At least two Barack Obama supporters found out too late they can’t vote in the Democratic primary however – because they didn’t ask for the right type of ballot." (Audio here.)

The Charleston Gazette is also reminding independent and nonpartisan voters that they must request Democratic, Republican or Mountain Party ballots.

AP found that by Wednesday, "only 5.8 percent of all early ballots cast have been from unaffiliated or independent voters." As for unaffiliated voters casting the "wrong" ballot, AP reports that "clerks in the state's five largest counties - Kanawha, Berkeley, Cabell, Wood and Raleigh - report no or very few such complaints."

"These counties are also reporting just a handful of nonpartisan ballots," the article said. "Berkeley County has collected two out of more than 600 votes cast, for instance, while Raleigh County has had 10 out of nearly 500 early ballots."

AP Sues W.Va. Supreme Court Over FOIA

The Associated Press reports that it has filed its previously announced legal challenge over the state Supreme Court's denial of Freedom of Information Act requests.

"The AP alleges the court erred when it concluded earlier this year that records maintained by Chief Justice Elliott "Spike" Maynard were not subject to FOIA," the article said. "The AP filed FOIA requests in January seeking any communication between Maynard and Massey Energy chief Don Blankenship."

The Supreme Court administrator, named in the Kanawha Circuit Court action, responded with a press release.

Among other grounds, the AP's challenge focuses on language in FOIA that says that "'Public body' means every state officer, agency, department, including the executive, legislative and judicial departments, division, bureau, board and commission."

Update: The Bluefield Daily-Telegraph quizzed Maynard and the other Supreme Court hopefuls on the topic. "The overall consensus by the candidates: Yes, the e-mails do fall under the state’s Freedom of Information Act, except for those that would fall within the realm of normal statutory exceptions," the newspaper reported.

More Fallout From DaughterGate

• The Charleston Daily Mail reports that "several donors have either reneged on pledges or vowed not to contribute to West Virginia University because of the debacle over Heather Bresch's degree," with one foundation "revoking an offer to donate $1 million worth of art and another $1 million contribution to the university's Creative Arts Center."

• Public Broadcasting interviews reporter Paul Fain of The Chronicle for Higher Education on some of the larger trends afoot. With audio.

• Gov. Joe Manchin continues to face questions about the scandal, as MetroNews reports (audio here).

• The Daily Athenaeum tracks the continuing drumbeat among faculty for Garrison's ouster, while gauging student opinion.

• The Daily Mail also reports that "Rich Rodriguez's lawyer believes the ongoing degree flap at West Virginia University has given the coach ammunition to attack the credibility of WVU President Mike Garrison."

Election 2008 Shorts

• The Intelligencer of Wheeling profiles the three Democratic candidates for secretary of state.

• The Associated Press talks to Sheirl Fletcher, the Democratic primary challenger to U.S. Sen. Jay Rockefeller.

• The Herald-Dispatch of Huntington and The Intelligencer are among those following up on AP's earlier analysis of the latest voter registration figures and initial early voting tallies.

• The Register-Herald of Beckley seeks local partisan reaction to a Democratic National Committee ad targeting presumptive GOP presidential nominee John McCain. FactCheck.org, meanwhile, has faulted the Iraq-related TV spot for lacking context.

• The Charleston Gazette hears from a former U.S. intelligence officer who plans to tell local audiences this evening and Thursday that "President Bush and his administration have no intention of leaving Iraq and are preparing to attack Iran in the next few months."

DaughterGate Update

The Associated Press reports on Monday's statement by WVU's Board of Governors in support of embattled President Mike Garrison, while also covering the afternoon's Faculty Senate Executive Committee meeting.

MetroNews also has an update, along with a copy of the board's statement and several video clips from the meeting and an afternoon press conference.

Others following up include Public Broadcasting (with audio), The Charleston Gazette, the Charleston Daily Mail and The Daily Athenaeum.

Update: MetroNews' Talkline hears from Peter Kalis, a former Rhodes Scholar, WVU alumnus and chairman of a global law firm, who "says WVU President Mike Garrison should be fired over the Heather Bresch degree controversy." With audio.

The Daily Mail, meanwhile, reports that "criminal charges could be on the table for any West Virginia University officials involved in altering records to show that Gov. Joe Manchin's daughter earned grades for classes she never completed."

Update II: AP, MetroNews, Public Broadcasting and The Gazette are among those reporting that Provost Gerald Lang and business school Dean R. Stephen Sears will remain faculty with six-figure salaries though they are resigning their leadership posts.