Election 2010: Congress

U.S. Rep. Alan Mollohan, D-1st, cruised to a 14th House term last year for wont of an opponent, and West Virginia's GOP is hoping to avoid a repeat of that in 2010, The Associated Press reports.

"Republicans hope the political climate has changed, and that Mollohan's positions on issues like health care will make him susceptible to a conservative challenger," AP's Tom Breen writes. "But whether those hopes have any concrete basis is an open question."

The article also notes that "the last time Republicans made a bid to unseat Mollohan was 2006, in the wake of reports alleging a federal probe into whether he has benefited from directing federal funds to nonprofit groups he helped start." But it adds that "Mollohan has said he's never been contacted about the investigation," and that "to date, no one has been charged."

Mollohan continues to bear scrutiny over these allegations, and his campaign fund listed spending more than $296,000 between November 2006 and October 2008 on legal fees. However, it has reported no such spending since then.

The AP article also said that four Republicans have filed precandidacy papers to challenge Mollohan next year. Such filings are free, and non-binding. The official filing period begins Jan. 11, and the fee for congressional candidates is $1,740.

Breen also writes that "state Sen. Clark Barnes, R-Randolph, has also said he's considering a challenge to Mollohan, although Barnes hasn't filed paperwork yet."

Like much of his district, Barnes does not reside in Mollohan's district -- but the U.S. Constitution would not require him or any other congressional candidate even to live in West Virginia until Election Day 2010.

W.Va. Lottery Fight Continues

A dispute over non-lottery gambling machines in West Virginia is pitting a Harrison County business against the Lottery Commission, The Associated Press reports.

A Kanawha Circuit judge has temporarily extended the license that allows Buck's Inc. to lease "limited" video lottery machines to participating bars and clubs, after the commission refused to renew it.

The commission is expected to petition the Supreme Court to block Judge Jim Stucky's ruling.

Lottery officials denied the renewal by citing "an ongoing dispute over “video-enhanced raffle ticket dispensing machines,”the article said. "State and federal investigators seized 144 of the devices in January from a customer of Buck’s, the Elks Lodge 482 in Clarksburg. Both the Tax Department, which regulates raffles and bingo, and the Lottery Commission argue such machines violate state law."

Both Buck's and the Elks lodge have challenged that finding in several pending court filings.

WV Court Study Ends Public Phase

Possible additions to West Virginia's court system was the focus of the third and final meeting of the Gov. Manchin-appointed Independent Commission on Judicial Reform.

The Associated Press has details. Others with coverage include The Charleston Gazette, the Charleston Daily Mail and MetroNews.

Rockefeller Rebuffed on Public Option

The Senate Finance Committee's version of health care overhaul legislation will not include a "public option" provision, after it rejected the necessary amendment from U.S. Sen. Jay Rockefeller, The Associated Press reports.

The West Virginia Democrat's bid for a "new federally-run insurance plan that would compete with private insurers" fell 15-8, AP reports. Five members from his party joined the committee's Republicans to defeat the proposal. A similar amendment from Sen. Charles Schumer, D-N.Y., also failed.

"The bill includes new consumer protections, including a ban on companies denying insurance on the basis of pre-existing conditions," the article said. "At the same time it provides government subsidies to help lower-income Americans afford insurance that is currently beyond their means. It also includes steps that supporters say will begin to slow the growth in health care costs nationwide."

AP also explains that "Finance is the last of five congressional panels completing work on President Barack Obama's No. 1 domestic priority, a top-to-bottom reshaping of the U.S. health care system to hold down costs and extend coverage to the uninsured."

Public Broadcasting has coverage (with audio), and notes that "Rockefeller can still bring an amendment to the Senate floor."

MetroNews has a report, and audio from the committee debate.

Marshall's Turn for a Grading Dispute

Both state Treasurer John Perdue and his daughter Emily have spoken to The Charleston Gazette about a dispute over grades she's received for independent coursework at Marshall University.

The younger Perdue "said she did nothing wrong and got no special treatment when she earned two A grades this summer to replace two 'incomplete' grades for courses she took during the spring 2009 semester," the article said.

She and her father said the school had allowed her to remedy the incompletes under the instruction of Rosalyn Templeton, executive dean of Marshall's College of Education and Human Service.

The Democratic officeholder had earlier told The Associated Press and others that his daughter "has become an innocent victim in an internal power struggle" in Templeton's department.

The daughter's professor during that spring coursework, Laura Wyant, has asked Marshall's Faculty Senate to investigate the grade changes, arguing they were done without her permission.

School Provost Gayle Ormiston told AP that he's reviewed the situation and concluded that Perdue's daughter "earned the grades" after she completed the coursework.

The Charleston Daily Mail, which first reported the story, called Templeton's involvement an "unusual step" as she had not been the instructor for the two independent study classes. That article also said that "Emily apparently needed the courses to gain admittance to Marshall's business school."

The Daily Mail also interviewed some of the daughter's classmates, who questioned her attendance at the coursework's non-mandatory class meetings and said that she brought her mother with her to these meetings at least twice. It further quotes an e-mail to report that Emily Perdue and her father met with a business school dean about completing the coursework so she could enter the program.

AP noted that "Perdue's situation comes two years after West Virginia University became embroiled in a master's degree scandal involving Gov. Joe Manchin's daughter. Former WVU President Mike Garrison resigned and former Provost Gerald Lang gave up his administrative post after investigators found that Mylan Inc. executive Heather Bresch was wrongly awarded a retroactive degree."

Update: the Herald-Dispatch of Huntington reports that Wyant "will take whatever steps are necessary to file a grievance" over the grade changes.

Byrd Released from Hospital

U.S. Sen. Robert C. Byrd, D-W.Va., has been released from the hospital after a two-day stay, his office tells The Associated Press.

A fall at home prompted his latest trip to the hospital, where tests detected signs of an oncoming infection.

"Byrd's office said Thursday he will continue receiving antibiotics and recuperating at home before returning to Congress for the debate on health care legislation," the article said.

They Voted For You: Jobless Benefits

West Virginia's U.S. House delegation -- Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd -- all voted for the "Unemployment Compensation Extension Act of 2009."

The legislation "approves the extra three months of benefits for those jobless living in 27 states, plus the District of Columbia and Puerto Rico, with unemployment rates topping 8.5 percent," The Associated Press reports.

Those states include West Virginia, which reported a seasonally adjusted rate of 9 percent in August.

The bill passed 331-83. "The job market appears to be the last to recover from a recession that officially began in December 2007," the AP article said. "Jobless benefits have already been extended to record lengths through federal intervention."

Byrd Falls at Home (Updated)

U.S. Sen. Robert C. Byrd, D-W.Va., was taken to a hospital for evaluation Tuesday morning after falling at his Beltway residence, The Associated Press reports.

"Spokesman Jesse Jacobs says the 91-year-old West Virginia Democrat apparently stood up too fast and fell and that his caregiver called an ambulance 'out of an abundance of caution,'" the article said. "He said that Byrd is being examined but that at this point there is no indication that he will be admitted."

AP also notes the frail health of history's longest-serving U.S. senator, and his recent return to work after an extended illness.

Update: Byrd has been hospitalized, AP reports. "Blood tests showed his white-blood cell count was high, which raised the possibility of an early-stage infection," the article said.

O'Connor Takes Her Seat on W.Va. Judicial Study Panel

Retired U.S. Justice Sandra Day O'Connor is in Morgantown today as honorary chairwoman of the West Virginia's Independent Commission on Judicial Reform.

The Associated Press set the stage for the group's latest meeting, and is covering. The meeting focuses on methods that states employ to select their judges and justices.

They Voted For You: ACORN

U.S. Rep. Shelley Moore Capito, R-2nd, helped the House amend a student aid bill to "deny all federal funds for ACORN," the Association of Community Organizations for Reform Now, The Associated Press reports.

Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted against the move in the 345-75 roll call, joined by other Democrats. Two House Democrats voted "present."

AP called the vote "a GOP-led strike against the scandal-tainted community organizing group that comes just three days after the Senate took similar action."

U.S. Sen. Jay Rockefeller, D-W.Va., helped pass the Senate measure, an amendment "to deny housing and community grant funding to ACORN," AP reported. It prevailed 83-7. Sen. Robert C. Byrd, D-W.Va., did not vote.

The Intelligencer of Wheeling has articles here and here scrutinizing Mollohan's vote. The latter also reports that Capito has requested congressional hearings "on the current and past allegations against ACORN to ensure that the taxpayer's money is not being used improperly or illegally."

Update: The Wheeling newspaper has shared the latter article with The Weirton Daily Times and the Herald-Star of Steubenville, Ohio.

Manchin Pulls Plug on "Bonus" Proposal

Recession-fueled fears have prompted Gov. Joe Manchin to shelve plans to give some 20,000 state employees a $500 bonus-like payment, The Associated Press reports.

"The administration earmarked $34.7 million for the payments from an unexpected surplus that totals around $168 million," the article said. "But officials may now need that money to avoid any deficit threats."

Manchin also told AP "he does not regret calling last month's special session to attempt the payments, but would not have done so had he seen the latest figures."

Quote of the Day

"I mean, I got so many amendments that it’s really quite impressive."

-- U.S. Sen. Jay Rockefeller, D-W.Va., reacting to the Senate Finance Committee's health care bill, as quoted by Politico.

(Rockefeller was one of several senators to meet with President Obama in the Oval Office on the health care issue Wednesday, according to a White House statement. "These meetings underscore the President's continued commitment to working with senators on both sides of the aisle to pass health insurance reform this year," it said.)

They Voted For You: Joe Wilson

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, voted for a resolution (Political Wire has also posted text) that "disapproves of the behavior" of colleague Joe Wilson, R-S.C., "during the joint session of Congress held on September 9, 2009."

Rep. Shelley Moore Capito, R-2nd, voted against the resolution, as did all but seven GOP members present for the 240-179 roll call.

A dozen Democrats voted against the resolution, while five voted "present."

Capito has issued a press release explaining her vote, while also pointing out a YouTube video of her Fox Business Channel appearance in which she "criticized Rep. Wilson for his outburst, calling it 'very inappropriate'" (and is referred to as "Congressman Capeeto" at least twice; the Wilson comment is 5:21 into the interview).

Kennedy: Byrd Invoked Rome to Argue Vs. Gays in the Military

Monday's posthumous publication of True Compass: A Memoir, by Sen. Ted Kennedy, D-Mass., has revealed an anecdote about Sen. Robert C. Byrd, D-W.Va., and one his favorite scholarly subjects.

Several have picked up on the passage, including Politico. Kennedy was recounting a meeting at the Clinton White House, where the then-president asked Democratic members of the Armed Services Committee for their opinions about gays in the military.

The last senator to speak was Robert Byrd, and he came up with a new one on all of us. ... He informed us, with many ornate flourishes, that there had been a terrible problem in ancient Rome with young military boys turned into sex slaves. I don’t remember the exact details, but I think the story involved Tiberius Julius Caesar being captured and abused and used as a sex slave. He escaped and then years later he sought vengeance and killed his captors.

Anyway, it was something like that. The room fell silent. The senator continued. Then President Clinton stood up. His response was short and sweet. ‘Well,’ he said. ‘Moses went up to the mountain, and he came back with the tablets and there were ten commandments on those tablets. I’ve read those commandments. I know what they say, just like I know you do. And nowhere in those ten commandments will you find anything about homosexuality. Thank y’all for coming.’ He ended the meeting and walked out of the room.”

(Nerdy footnote: Kennedy's recollection may be at fault, but the incident more likely involved Gaius Julius Caesar, of crossing the Rubicon fame (and not Augustus' successor as emperor).

The anecdote appears to confuse/conflate Caesar's alleged affair with the king of a potential Roman ally with his brief capture at the hands of Cilician pirates, both from early in his career.

Presumably, invoking the Sacred Band of Thebes would not have supported the argument. Pederasty, on the other hand, does appear to have been a recurring issue in ancient military life for both Rome and the Greek city-states. )

The Riveting World of Unfunded Liabilities

This month's legislative interim session featured at least two of West Virginia's more pressing unfunded liability problems -- serious gaps between on-hand assets and promised benefits.

Led by Huntington, a number of West Virginia's largest cities and town have been struggling beneath swelling liabilities in their police and fire pension funds. Interested parties have crafted the so-called "Huntington Plan" as a possible solution, but it requires legislative action.

Gov. Joe Manchin has said he will call the special session that plan supporters seek only if enough lawmakers appear to support it. Otherwise, the plan must wait until next year's regular session.

As The Associated Press and others report, a Monday meeting of the Legislature's majority Democrats revealed lingering concerns about the plan, particularly from those representing rural areas.

"Those areas rely on volunteer fire departments, which have sought retirement-like benefits to recruit and keep members," the article said. "The Huntington Plan does not address such benefits, but does dedicate a sliver of revenue from insurance policy surcharges toward ailing municipal pension funds."

The volunteer departments want that money instead, AP reports.

Sam Love, a lobbyist for volunteer fire departments, reminded a Monday interim committee that his clients provide the bulk of fire protection in the state. ‘‘If that one-tenth of one percent goes any where, it should go to the volunteer departments,’’ Love was quoted as saying.

Plan advocates remain hopeful that they can sway enough lawmakers. Others with coverage include The Charleston Gazette and The Register-Herald of Beckley.

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AP and The Gazette are also among those reporting on an update to lawmakers regarding West Virginia's "other-post employment benefits," or OPEB liability.

These benefits are mostly health care promised to state employees, teachers and school workers once they retire. A consultant for the state told lawmakers Monday that "the Mountain State’s per-capita liability exceeds $4,000 — ranking it fifth nationwide — and the figure is projected to double within 10 years," AP reports.

"Rising medical costs — the same culprit fueling the ongoing push for federal health care legislation — have caused these unfunded liabilities to mushroom," AP explains. "The recession, meanwhile, has hampered government employers from paying the annual required contributions to reduce their funding gaps."

Others with coverage include the Charleston Daily Mail and MetroNews.

Water, Coal and Politics in West Virginia

West Virginia helps provide a human face to a massive investigative report by The New York Times published Sunday.

The "extensive review of water pollution records" found that "in recent years, violations of the Clean Water Act have risen steadily across the nation," but that "the vast majority of those polluters have escaped punishment" as state officials have repeatedly ignored obvious illegal dumping, and the Environmental Protection Agency, which can prosecute polluters when states fail to act, has often declined to intervene."

The article highlights a Charleston-area family that contends with painful rashes, rotting teeth and other harms blamed on the water piped into their home. The Times also interviewed Matthew Crum, a former state regulator who blames coal operations for at least some of the pollution.

Crum further alleges that "everyone was terrified of doing their job" because of pressure from mining companies and "their friends in the state’s legislature." In this regard, the article includes this passage:

In 2003, a new director, Stephanie Timmermeyer, was nominated to run the Department of Environmental Protection. One of West Virginia’s most powerful state lawmakers, Eustace Frederick, said she would be confirmed, but only if she agreed to fire Mr. Crum, according to several people who said they witnessed the conversation.

Crum was indeed dismissed after Timmermeyer took the cabinet post, the article said, adding that "Timmermeyer, who resigned in 2008, did not return calls," while "Mr. Frederick died last year."

Before his death last year, the Mercer County Democrat was known as an outspoken advocate of the coal industry. But whether others would characterize the political sway held by the late mining engineer as the article has remains uncertain. And as a member of the House of Delegates, Frederick did not vote on gubernatorial appointees.

Byrd Remembers Ted Kennedy

Looking "frail," but with "a strong voice that hasn't been heard on the Senate floor since February," U.S. Sen. Robert C. Byrd, D-W.Va., paid tribute Thursday to the late Sen. Ted Kennedy, D-Mass., The Associated Press reports.

"Byrd was steady as he bade a wistful goodbye to Kennedy, who died last month," the article said. "He remembered how Kennedy gave him dozens of roses on his wedding anniversary and would bring his dogs to Byrd's office for visits."

Footage from C-Span has been posted on YouTube.

W.Va. Judge on Capitol Hill as Obama Nominee

Kanawha Circuit Judge Irene Berger is scheduled to appear before the Senate Judiciary Committee today as President Obama's nominee to the bench of southern West Virginia's Federal Court district.

Live video showed Berger at the hearing's start sitting just behind U.S. Sen. Bob Menendez, D-N.J.

Statue Honoring W.Va. Women Veterans Finds Home

Perhaps in time for Veterans Day, a new statue representing West Virginia women who have served in the military will stand near the Veterans Memorial on the state Capitol grounds, The Associated Press reports.

The state Capitol Building Commission voted Wednesday to place the statue east-southeast of the popular visitor draw. It will be the same height as the memorial's four figures depicting fighting men.

"Award-winning Charleston sculptor Joe Mullins created all five statues," AP explains. "He was commissioned to sculpt the monument to women veterans more than a decade ago. The project was held up after complaints that the statue was too masculine and should be wearing a skirt. A panel of women veterans approved Mullins' design last year."

W.Va. Supreme Court Rehears Massey Appeal, Again

For the third time in nearly two years, West Virginia's Supreme Court heard arguments in a 2002 Boone County case that resulted in a $50 million verdict against Massey Energy Co.

As The Associated Press reports, while the two previous hearing yielded decisions overturning that judgment, "an almost entirely different court heard Tuesday's arguments."

This summer's U.S. Supreme Court ruling set the stage for the latest round. And while it forced the recusal of Chief Justice Brent Benjamin, "three of the four remaining justices are also new to the case: Menis Ketchum and Margaret Workman were elected in November, while Thomas McHugh was appointed following the March death of Justice Joseph Albright," AP reports.

Others on hand for the latest hearing include The Charleston Gazette, WCHS-TV (with video), Public Broadcasting (with audio) and MetroNews (ditto).