Legislative Interims Roundup

• West Virginia is weighing whether to charge prison inmates for their upkeep by having them " work on-site for private firms at prevailing wages," The Register-Herald of Beckley reports. The article notes that "back in the 1930s, owing to abuses, the federal government ended the concept of letting convicts work for private industries."

• Because more younger members than expected left the state's 401(k)-style retirement plan for its traditional pension program, the state is looking at a $22 million savings from the recent mass transfer, The Associated Press reports. The Charleston Gazette also has a story.
  

• Lawmakers quizzed West Virginia Turnpike officials about the Aug. 5 accident that left hundreds of motorists stranded for hours on the toll road, The Gazette reports.

• AP reports on plans by Kanawha County to return to court over the library funding issue, unhappy with the measure passed by lawmakers last year in response to its initial legal challenge.
  

W.Va. Dispatches from the Dem Convention

• Gov. Joe Manchin talked to The Intelligencer of Wheeling about his plan to focus on the economy when he addresses the convention audience. "Manchin, presently chairman of the Democratic Governors Association, will be among 10 governors slated to speak between 7-8 p.m. Tuesday," the newspaper reports.

• At least one convention delegate from West Virginia is holding out hope that Hillary Clinton somehow steals the nomination from Barack Obama. “Theoretically, she could still win it,” state Sen. Shirley Love, D-Fayette, told The Register-Herald of Beckley. “Probably? No.”

• MetroNews reports that superdelegate and U.S. Sen. Robert C. Byrd, D-W.Va., is not expected to make the trip to Denver. It also offers a photo gallery of scenes outside the convention center.
  

Election 2008 Shorts

• With the election less than three months away, The Associated Press peeks into the coffers of the state's main political parties to find some significant disparities;

• The Charleston Daily Mail reports on the pro-choice support enjoyed both by U.S. Rep. Shelley Moore Capito, R-2nd, and her Democratic challenger Anne Barth.

• (Update) After touting friend and Virginia Gov. Tim Kaine for the slot, Gov. Joe Manchin tells the Times-West Virginian of Fairmont that he supports the choice of Sen. Joe Biden, D-Del., as Barack Obama's running mate.
  

W.Va. Seated At Dem Convention (Updated)

West Virginia's 44-member delegation (39 actual delegates plus five alternates) to the Democratic National Convention have been assigned seats to the extreme house right of the main stage, behind Utah and next to South Dakota, according to this online chart:

(click to enlarge)

Update: The state Democratic Party has posted a delegation roster.
Update II: So has the convention.

Election 2008 Shorts

• Gov. Joe Manchin tells The Associated Press that his Virginia counterpart, Gov. Tim Kaine, believes he's on Barack Obama's short list for running mate. Kaine had gotten no such word directly from the presumptive Democratic presidential nominee, however, Manchin said;

• After a failed -- and badly timed -- bid to enlist Secretary of State Betty Ireland to take his place on the ballot, Charles Minimah says he's staying in the race for that office as the Republican nominee, AP reports. MetroNews also has a story;
  

• The GOP's candidate for governor, Russ Weeks, is planning a Sept. 16 fundraiser in his native Raleigh County, The Register-Herald of Beckley reports. The article also touts Weeks' new Web site attacking his Democratic opponent, Manchin.

• (Update) Republican Jay Wolfe brought his campaign against Sen. Jay Rockefeller, D-W.Va., to the Eastern Panhandle, The Journal of Martinsburg reports.
  

Health Care in West Virginia

The health of Mountain State residents came into focus several different ways this week:

• West Virginia ranked 2nd in the nation for obesity (and 1st for diabetes) in the latest report from Trust for America's Health. The Associated Press has a story;

• The state is also bracing for another knock on its Medicaid redesign, AP reports. The Charleston Gazette also details the latest criticisms, this time from Families USA. The "liberal-leaning American non-profit consumer health-care advocacy organization" is calling the state's changes "inherently flawed," The Gazette reports;

• Clinics that provide free medicines to un- and underinsured West Virginians tell AP health care writer Tom Breen that they object to proposed rules that target their pharmacies;

• The Gazette and MetroNews are among those covering the fallout (or lack thereof) to a backlash by bars and clubs against Kanawha County's indoor smoking ban. MetroNews also reports that Harrison County is the latest to adopt such a measure, to take effect Jan. 1.
  

Manchin Predicts Obama Will Pick Va. Gov. for VP

Gov. Joe Manchin told WSAZ-TV that he believes Gov. Tim Kaine of neighboring Virginia will be the running mate of Democratic presidential candidate Barack Obama.

Manchin, who had spoken to Kaine earlier Wednesday, "indicated that Kaine said he did not know what was going to happen over the next few days," the item said, adding that "Kaine has been mentioned in the media as one of three potential finalists, along with Senators Joe Biden and Evan Bayh."

"Manchin believes Kaine could help Obama win West Virginia, because of the geographic proximity and other similarities between Kaine's state of Virginia and West Virginia," the report said.

The station also has raw video from the interview.

The McCain Family's West Virginia Connection

A recent National Public Radio piece on the "hidden" half-sister of Cindy McCain yielded this tidbit about their father, James Hensley:

Documents show Kathleen Anne Hensley was born to Jim and Mary Jeanne Hensley on Feb. 23, 1943. They had been married for six years when Kathleen was born.

Jim Hensley was a bombardier on a B-17, flying over Europe during World War II.

He was injured and sent to a facility in West Virginia to recuperate. During that time, while still married to Mary Jeanne, Hensley met another woman — Marguerite Smith. Jim divorced Mary Jeanne and married Marguerite in 1945.

Cindy Lou Hensley was born nine years later, in 1954.

Note: the Wikipedia article identifies Cindy McCain's mother as "Marguerite "Smitty" Hensley (née Johnson)."

As for a guess about the Mountain State facility, Wikipedia also says that The Greenbrier resort served as an Army hospital during World War II.

Election 2008 Shorts

• The Republican candidate for the sole seat held by that party on West Virginia's Board of Public Works "wants to withdraw from the race in the hopes that the incumbent will take his place," The Associated Press reports. But Secretary of State Betty Ireland has declined Monday's offer by Charles Minimah, who missed last week's deadline to take his name off the ballot. MetroNews has a report as well.

• The Charleston Daily Mail follows up on last week's review by AP of electoral map projections to ponder whether "victory for Democrat challenger Anne Barth over 2nd District Rep. Shelley Moore Capito could be even tougher to pull off."

Manchin Gets Primetime Slot at Dem Convention (Updated)

Gov. Joe Manchin will address a primetime audience at the upcoming Democratic National Convention, speaking "right before Senator Hillary Clinton and former Virginia Governor Mark Warner," MetroNews reports.

"West Virginia was recently criticized in the national media as being 'an uneducated state,'" the report said. "Manchin says he plans to clear that notion up very quickly during his time in the national political spotlight."

MetroNews also has audio from Manchin's announcement.

U.S. Sen. Jay Rockefeller, D-W.Va. is also slated to speak at the convention.

Update: The Register-Herald of Beckley reports both on West Virginia's delegation to the convention and Rockefeller's speaking slot.

Update II: The Times-West Virginian of Fairmont reports that Manchin is among at least 10 governors on Tuesday's convention schedule. WSAZ-TV reports that Rockefeller is on tap for Wednesday, along with fellow Sens. Joe Biden of Delaware, Evan Bayh of Indiana and John Kerry of Massachusetts.

Capito Delivers Weekly GOP Address

Republicans turned the mike of their weekly radio address over to Rep. Shelley Moore Capito, R-2nd, who said the "Democrats who control Congress are not facing up to the challenge of developing a comprehensive energy policy," The Associated Press reports.

"Republicans have refused to leave the Capitol this month and demanded a session on the energy crisis, although the House chamber microphones are off, lights are dimmed and the TV cameras are off," the article said. "Democrats, who contend Republicans have blocked numerous bills aimed at dealing with market speculators and forcing oil companies to drill in areas they have already leased, have said the GOP protest is a political stunt."

The Democrats are also expected to hit the energy topic in their weekly address, to be delivered by House Speaker Nancy Pelosi, D-Calif. When he was asked to issue a party broadcast in June, Rep. Nick Rahall, D-3rd, had also targeted energy.

Glenn Thomas "Tom" Searls, 1954-2008

The Charleston Gazette has news of the death of Tom Searls, a veteran, award-winning reporter and one of its Capitol correspondents.

Searls, 54, had also covered the Tennessee statehouse. A Marshall University graduate, he had been student body president there.

"He loved politics and the factional conniving that occur behind the scenes," Gazette Editor Jim Haught said. "He was cynical but eminently likeable."

Update: The Gazette has an obituary.

Governor Speaks Out on DuPont Case (Updated)

Gov. Joe Manchin has issued a statement and appeared on MetroNews Talkline to respond to scrutiny of his decision to file a brief in the pending appeal of a nearly $400 million judgment against DuPont.

"What we did is file a brief based on the due process the court should allow. That's all," the governor told MetroNews, which also offers audio.

Reaction to Manchin's presence in the pending case has been mixed. The Charleston Daily Mail, for instance, opines in an editorial today that the governor was correct when he "asked the court to clarify what rights companies have in West Virginia. That is an important policy issue."

But with Manchin up for re-election this year, the Republican nominee for governor has weighed in against the Democratic incumbent.

"If he wants to try to influence the courts to do something, he should not do it through the venue of the case that's before them," Russ Weeks told MetroNews."He should do it before or after."

WSAZ-TV also has an item on the governor's response. Public Broadcasting has a report, with audio.

Update: A lawyer and ethicist at a Beltway firm that consults and trains on the subject tells The Associated Press that Manchin "compromised the public's trust and created the appearance of impropriety, regardless of whether he did anything underhanded."

"You don't really have to get to the question of motives and what was really going on behind the scenes," said Jack Marshall, president of ProEthics Ltd. and editor of ethicsscoreboard.com. "The plaintiffs look at this and say, 'It's not fair.' The public looks at it and says, 'Hmm.' This undermines the public trust.''

Those who think otherwise include Steve Roberts, president of the West Virginia Chamber of Commerce.

"We don't think it's inappropriate or wrong,'' Roberts told AP. "He appropriately gets high marks for hearing people out.''

Libertarians Sue for W.Va. Ballot Access

The Libertarian Party has filed a federal lawsuit after falling short of the 15,118 signatures needed to get on West Virginia's presidential ballot, The Associated Press reports.

The party alleges the state's Aug. 1 deadline for submitting petitions is arbitrary and unfair.

"The Libertarians gathered 13,171 signatures by the deadline, according to the suit, and they anticipate getting the required 15,118 by Aug. 18," AP reports. "West Virginia University law professor Bob Bastress Jr. filed the suit on behalf of former Georgia congressman Bob Barr, along with the Libertarians' candidate for vice president, Wayne Root, and two West Virginia residents."

Measuring West Virginia (Updated)

The Mountain State received an array of scores relating to education and health care this week:

• "West Virginia’s average ACT college-entrance exam score rose slightly from 2007 to 2008 but remains below the national average, according to a report released Wednesday," The Associated Press reports. MetroNews and The Charleston Gazette also have items;

• Nearly a quarter of the state's infants and toddlers who get some of their food from a federal welfare program "lived in homes where parents or caregivers smoked last year," The Gazette reports. "The national average for WIC (Women, Infants and Children) children - ages 4 and under - was 10.6 percent."

• Forbes cites Kaiser Family Foundation data and a national-level prescription and patient tracking service to find that "West Virginians use the most retail prescription drugs per capita," making it the most medicated state in the nation, The Gazette reports. AP had noted the ranking earlier.

• (Update) The Charleston Daily Mail reports that West Virginians filed about a fourth of the black lung claims lodged last year, according to federal figures. "About 13 percent of West Virginia coal miners who have had chest X-ray screenings are found to have black lung, as compared to a national average of 9 percent," the article said.

Manchin Scrutinized for DuPont Brief (Updated)

The New York Times cites e-mails and other records to question Gov. Joe Manchin's decision to weigh in on the pending appeal of a nearly $400 million judgment against DuPont.

The Associated Press first reported last month that Manchin had filed a "friend of the court" brief urging West Virginia's Supreme Court to accept the chemical giant's petition.

Manchin's brief did not ask the justices to rule one way or the other, but rather urged them to ensure that such a case involving punitive damages received a full review.

"Documents from the governor’s office, however, show that Mr. Manchin had consulted with the company before filing the brief, and DuPont officials say the governor even asked them to provide him with a draft brief," The New York Times reports.

The article also quotes Professor Stephen Gillers, who teaches legal ethics at New York University School of Law. He said "it was unusual and inappropriate for the governor, instead of the attorney general, to get involved in such a case, and that after searching state court records, he could find no example of a similar intervention by a governor."

Update: AP also reports on Manchin's contacts with DuPont. Among other information, AP's Vicki Smith relays that "nine of the 24 legal citations in the state's brief are also in DuPont's. Both briefs address the question of whether punitive damage awards should be automatically appealed."

Smith covered the 2007 trial, and recently reported that plaintiffs in the case were stung that Manchin as well as the West Virginia State Medical Association had each filed briefs in the case.

The later group, a leading advocate of lawsuit and jury award limits, objected to the inclusion of CT scans in the medical monitoring aspect of the case but did not suggest an alternative.

Update II: The Charleston Gazette follows up with word that lawyers for the plaintiffs have asked the Supreme Court to reject Manchin's brief.

Reporting that Manchin's brief "did include nearly identical arguments" to ones in a draft brief provided his office by DuPont, this article also notes that DuPont had suggested in a separate draft brief that the governor stress that the company has sought to be a good corporate citizen.

But Carte Goodwin, the governor's counsel, "declined to include those arguments, or any discussion of the merits of the case, in Manchin's friend-of-the-court brief," The Gazette reported. "Also, Goodwin declined DuPont's suggestion that he defend the state Department of Environmental Protection, which during trial was accused of helping DuPont avoid a more thorough cleanup of the Spelter site."

Following The Energy Money

Environmental groups have launched searchable online databases of the campaign contributions that both the coal industry and oil & gas industry have given to members of Congress.

Searches on each site also generate interactive relationship maps to illustrate the results. While the underlying data comes from the Federal Election Commission and has been processed by the nonpartisan (and highly helpful) Center for Responsive Politics, the groups offering the sites have definite points of view about these energy sources.



Here are the search results for West Virginia's delegation, from each site:

(Click image to enlarge)

Though the member with the least seniority in the group, U.S. Rep. Shelley Moore Capito, R-2nd, appears to be the top beneficiary of each industry.

Thomas B. Miller, 1929-2008

Retired state Supreme Court Justice Thomas B. Miller has died at age 79, The Associated Press reports, citing a Wheeling funeral home.

"Miller served on the court from 1977 to 1994, retiring with six years remaining on his second 12-year term," AP reported. "He continued to serve temporary stints, standing in while the late Justice William T. Brotherton Jr. recovered from heart surgery and when Justice Richard Neely retired."

MetroNews also has an item, along with audio of former Supreme Court Clerk Ancil Ramey.

Update: The Intelligencer of Wheeling has a lengthy obituary.

Election 2008: President

The Associated Press reviews several national political prognosticators to find they "appear uniformly certain that presumptive Republican presidential candidate John McCain can count on West Virginia's five electoral votes."

Those who paint the Mountain State as "solid red" on their Electoral College maps include:

• The Cook Political Report;
• The Rothenberg Political Report;
• Larry Sabato's Crystal Ball;
• Congressional Quarterly;
• Pollster.com

The various analysts appear to differ as to the national outcome, however. Pollster.com, for instance, averages state-by-state polling to put Barack Obama above the needed majority of 270 electoral votes; even with all the toss-up states, the site's approach gives McCain just 254 votes.

Quote of the Day

"(I have been) the best Republican friend the incumbent governor's family ever had in West Virginia."

-- Disgraced former Gov. Arch Moore, to a GOP crowd in Logan County last month, as reported by The Lincoln Journal (and pointed out by The Charleston Gazette).

Barth Picks Up Support of EMILY's List

Anne Barth has gained a fundraising ally in her challenge of 2nd District Republican Rep. Shelley Moore Capito.

The Hill reports that Barth is among six Democratic women that EMILY's List is adding to their roster of congressional candidate worthy of support this year.

EMILY's List describes itself as "dedicated to building a progressive America by electing pro-choice Democratic women to office."

Capito has long received the support from the group's Republican counterpart. The WISH List -- which calls itself "America's largest fundraising network for pro-choice Republican women candidates" -- has been among the largest single sources of campaign funds for Capito during past elections.

Ex-Gov. Wise on Lou Dobbs

Lou Dobbs Tonight on CNN on Thursday featured former West Virginia congressman and Gov. Bob Wise, who talked about the nation's schools as president of the Alliance for Excellent Education.

CNN has video here, and the show has also posted a transcript (the segment is in the bottom fifth). Wise also won praise from co-host Kitty Pilgrim for his new book, Raising the Grade. "It's excellent," she said.

McCain in West Virginia

John McCain's latest West Virginia appearance, his third this year, was both like the previous visit (brief) and the first (closed to the public and with limited media access).

The presumptive Republican presidential nominee spent about 23 minutes at the practice field for Marshall University's football program. He watched the drills, and chatted with coaches and the occasional player out of earshot from the press entourage. He also gave the entire team a seven-minute pep talk that drew both from his ordeal as a POW in Vietnam and Marshall's devastating 1970 plane crash.

The Associated Press has coverage, as does the Herald-Dispatch of Huntington, MetroNews (with audio and sidebars featuring players and Obama supporters), WSAZ-TV (with video) and WCHS-TV. Several of these also offer photos from the visit.

McCain Coming to West Virginia

It will be another brief, limited-access appearance by the presumptive GOP presidential nominee and Arizona senator.

John McCain is slated to meet with Marshall University's football team during its Wednesday morning practice before he departs for Ohio via bus.

The Associated Press reports that "the stop will be closed to the public, and there will be only limited media coverage."

Others with the announcement include the Herald-Dispatch of Huntington, The Charleston Gazette, the Charleston Daily Mail and MetroNews.

State Democrats were quick with a smack in advance of the visit. “Why is Senator McCain in West Virginia talking football behind closed doors when he should be here talking about gas prices,” Party Chairman Nick Casey said in a release. “With some of the longest commuting times in the nation, West Virginian’s are hurting more from the high cost of fuel than residents of almost any other state.”

Politico Details Rahall-Bush Meeting

When U.S. Rep. Nick Rahall, D-3rd, traveled with President Bush to West Virginia last week, he was carrying out the House Democrats' strategy in the ongoing energy debate, Politico reports.

Their goal is to hold off on a comprehensive energy bill until 2009, under a new president and possibly with an increased majority in both chambers of Congress, the article said.

As for Rahall's role:

Rahall spent more than an hour last week talking to the president about energy. Bush spent the entire flight aboard Air Force One, and much of a subsequent limousine ride, grilling the West Virginia Democrat about legislative solutions to the high price of gasoline, Rahall said last week.

Rahall told Politico that the president does not expect Congress to act on the issue this year. “He’s realistic about it,” Rahall is quoted as saying.

As part of this game plan, Politico reports, House Speaker Nancy Pelosi, D-Calif., "always intended to take heat on gas prices while tacitly encouraging more vulnerable Democrats to publicly disagree with her and show their independence."

Justice Albright Hospitalized

State Supreme Court Justice Joe Albright remains in a Pittsburgh hospital following surgery on his esophagus, The Associated Press reports.

MetroNews broke the news earlier in the day.

Capito Partakes in House GOP Floor Protest

The Hill newspaper included U.S. Rep. Shelley Moore Capito, R-2nd, among the 20 or so GOP members who after the House recessed on Friday "stayed behind to continue to speak about energy issues."

The protesters "gave speeches on the empty floor to protest that Congress went into recess and to raise awareness of what they say is an unwillingness by Democrats to take up legislation to deal with the nation’s energy crisis," the newspaper said. "Nadeam Elshami, a spokesman for Speaker Nancy Pelosi (D-Calif.), chalked the display up to politics."

Capito also appears to be the only member of the House energy "working group" who joined Friday's demonstration, according The Hill's roster of its participants and partial listings of the working group's membership in that paper and Roll Call.

The bipartisan group had sought to work quietly on energy legislation, and to avoid what its co-founder called "a rhetorical death spiral" surrounding the issue. It proposed a "National Conservation, Environment and Energy Independence Act" last week.

ABA, Other Groups Weigh in on Caperton's U.S. Supreme Court Appeal

A bid to get the U.S. Supreme Court to review a West Virginia ruling wiping out a $76.3 million judgment has attracted the attention of the American Bar Association and other groups.

As The Associated Press reports, the leading U.S. lawyers' association and at least four other organizations filed "friend of the court briefs" in the appeal by Harman Mining Co. and its president of the state Supreme Court's April decision in favor of Massey Energy Co.

"The groups fault Justice Brent Benjamin for remaining on the case after Don Blankenship, Massey's president, chairman and chief executive officer, spent more than $3 million to help him win his seat," the AP article said.

Other filing briefs include the Brennan Center for Justice, part of New York University's College of Law. The Center has devoted a page on its Web site to the case, and offers links to the appeal and to each of the briefs filed Monday.

The site also notes that Harman and Hugh Caperton, its president, have enlisted former Bush administration U.S. Solicitor General Ted Olson in its appeal.

"The improper appearance created by money in judicial elections is one of the most important issues facing our judicial system today," Olson is quoted as saying on the Brennan site. "A line needs to be drawn somewhere to prevent a judge from hearing cases involving a person who has made massive campaign contributions to benefit the judge. We certainly believe that, in this case, acting Chief Justice Benjamin crossed that line."

Benjamin recently addressed calls for his recusal, in a 57-page concurring opinion issued nearly four months after the state court's 3-2 reversal of the Harman verdict.

From the AP story:

"It has long been recognized that there is 'a presumption of honesty and integrity in those serving as adjudicators,'" Benjamin wrote, quoting from past court decisions. "Due process therefore requires recusal only in those rare cases wherein a judge or justice has a 'direct, personal, substantial (or) pecuniary interest' in the outcome of the case."

The Charleston Gazette also has a story, while The Chicago Tribune and the National Law Journal each invoke the West Virginia situation in articles exploring judicial recusals.

Manchin Sticking with TrAIL Tax Proposal

Following up on the Public Service Commission's approval of the project, Gov. Joe Manchin has proposed legislation to tax the $1.3 billion multistate power line plotted to cross north central West Virginia.

The Associated Press has details, as does MetroNews, The Charleston Gazette, The Journal of Martinsburg and The Herald-Mail of Hagerstown (Md.). The latter has video as well.

WSJ Profiles W.Va. Teacher Pension Switch

West Virginia's reversal of a national trend, by allowing public educators to migrate from a 401(k)-style retirement plan to one offering a defined benefit, has caught the attention of The Wall Street Journal.

Chronicling what led to legislators allowing the pension switch, the newspaper reports that "what happened in West Virginia is a window into exactly how things can fall apart for workers, and it serves as a wake-up call for figuring out how to avoid having plans go as badly off track as this one did."

"Many workers with retirement accounts have built nest eggs far bigger than they ever imagined possible," the article continues. "But unknowledgeable ones often are far short of comfortable retirements -- and they don't have the option the West Virginia teachers did of appealing to state legislators to get them out of their investing mistakes."

The Associated Press earlier scrutinized the investment habits and choices that preceded the mass exodus, which has prompted a lawsuit on behalf of disgruntled enrollees.

TrAIL Project Clears PSC Hurdle

The Public Service Commission has approved Allegheny Energy's plan to build a $1.3 billion, high voltage power line across north central West Virginia.

The Associated Press and MetroNews among those with coverage of the PSC decision. The Charleston Gazette reports that "the state Sierra Club vowed to appeal the PSC decision to the state Supreme Court."

Update: Public Broadcasting also reports on the threatened lawsuit. With audio.

W.Va. Candidates Mostly Dodge Project Vote Smart

The Associated Press reports on the less-than-impressive response rate by West Virginia candidates to the "Political Courage Test" regularly offered by the non-partisan Project Vote Smart.

The survey asks presidential, congressional and state-level (gubernatorial and legislative) hopefuls to state their positions on a wide array of relevant issues.

The group also offers a free "Voter's Self Defense Manual" with this year's edition "loaded with samples of elected officials' voting records, campaign finance information, interest group ratings and contact information."

CQ Upgrades W.Va.-2nd

Congressional Quarterly believes West Virginia's 2nd House District "Leans Republican" in the race between GOP Rep. Shelley Moore Capito and Democratic challenger Anne Barth, a more competitive rating than the previously bestowed "Republican Favored."

CQ explains its rationale here (update: and here), while also noting that the Mountain State is "probably headed to John McCain this time."

The rating change follows that of the Cook Political Report last month.

Mine Safety in West Virginia

West Virginia mine safety officials vented their displeasure Thursday with a federal proposal regarding emergency shelters in underground mines, The Associated Press reports.

Critics at a Charleston hearing said the U.S. Mine Safety and Health Administration's proposal "would require chambers that are too large, too close together and stocked with too many supplies."

"I believe MSHA has missed the point," Jim Dean, former interim director of the state Office of Miners' Health, Safety and Training, is quoted as saying. "MSHA seems to be more interested in protecting the shelter than protecting the miner."

The Charleston Gazette reports that the Manchin administration may end up suing the federal government over the proposal.

Ronald Wooten, Dean's successor, "said state officials are concerned that federal regulators may outlaw dozens of the rescue chambers approved under separate state rules," that article said.

W.Va. Moves to Increase Ranks of Insured Children

More than 700 uninsured West Virginia children could gain health coverage over the next four years under a bid to raise the income threshold for a state-federal program, The Associated Press reports.

The Children's Health Insurance Program has agreed to extend enrollment to families earning up to 250 percent of the federal poverty level, or roughly $53,000 for a family of four, the AP article said.

The Charleston Gazette also reports on the move to expand CHIP, which now covers nearly 25,000 children. So does MetroNews, which like the others notes that the Centers of Medicaid and Medicare Services must approve the change.

Bush in West Virginia

The Associated Press covered President Bush's speech to the West Virginia Coal Association, as did The Charleston Gazette.

"There is no more reliable source of electricity than coal," the latter quotes Bush as saying.

MetroNews has a report and audio from The Greenbrier appearance. MetroNews also posted a response to Thursday's speech from U.S. Sen. Robert C. Byrd, D-W.Va.

"If President Bush had pursued the right energy policies and made the investments in clean coal technology that he promised eight years ago, he might not be talking in West Virginia about high gasoline prices today," Byrd said.

Bonus Quote of the Day

"In West Virginia, that's the beauty of community because we all tend to know each other, including the bankers, realtors and brokers. And if we don't know you, we know someone who does."

-- U.S. Rep. Shelley Moore Capito, R-2nd, during a congressional field hearing in Martinsburg addressing affordable housing and the ongoing mortgage mess, as reported by The Journal.

Publisher Picks MU Professor for Bush Bio

Random House has asked Jean Edward Smith, a Marshall University political science professor, to write what the publishing giant expects will "undoubtedly be the definitive biography of George W. Bush."

Smith, the author of 12 books, has previously focused on U.S. presidents. "Earlier this year the Society of American Historians awarded Smith the Francis Parkman Prize for historical literature for "FDR," a biography of President Franklin D. Roosevelt," The Associated Press reports. "His 2001 book on Ulysses S. Grant was nominated for a 2002 Pulitzer Prize in biography."

Smith has been working on a biography of President Dwight Eisenhower. Others reporting Random House's announcement include The Charleston Gazette and the Charleston Daily Mail.

Update: Smith spoke to MetroNews' Talkline about the upcoming project. He's also previously written a book involving the president's father: George Bush's War.

Kirkus Reviews said that "in this volatile study, America's adventure in the Persian Gulf War was not a crusade for freedom but a checkpoint on the personal agenda of George Bush, who disregarded constitutional restrictions on presidential power and cynically manipulated the public, the press, Congress, and even the military."

Teacher Pension Fix Prompting Some Retirements

West Virginia has allowed thousands of teachers and school staffers to switch to a traditional pension program this year, after they voted to abandon 401(k)-style accounts amid complaints of inadequate returns and poor oversight.

A number of these transferring educators had said that insufficient earnings from their individual investment accounts had forced them to postpone planned retirements. But the executive director of the Consolidated Public Retirement Board reports no mass retirements in the wake of the pension switch.

Anne Lambright told MetroNews that "those who are planning to retire on September first, October first or November first had to notify their county leaders of those intentions by July first," but "at this point, those numbers are in the dozens. It's fewer, she says, than she anticipated."

The MetroNews item said that "Lambright estimates 1,500 additional teachers and school service workers are eligible, based on years of service and age, to retire."

They Voted For You: Tobacco

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all helped the House pass the "Family Smoking Prevention and Tobacco Control Act."

The 326-102 vote advances legislation "that for the first time would subject the tobacco industry to regulation by federal health authorities charged with promoting public well-being," The Associated Press reports.

"The bill would further tighten restrictions on tobacco advertising and impose new federal penalties for selling to minors," the article said. "But its most far-reaching provisions would give the Food and Drug Administration the power to regulate tobacco, from cigarettes to new kinds of smokeless products."

AP also reports that "while the bill appears to have enough support to pass this year, it's unclear whether the Senate will have time to act, and the Bush administration issued a veto threat Wednesday."

Quote of the Day

"Hey, Ted... say it ain't so."

-- U.S. Sen. Robert C. Byrd, D-W.Va., to the recently indicted Sen. Ted Stevens, R-Alaska, according to The Associated Press.

Legal Challenge Targets Amended Election Ad Rules

The Center for Individual Freedom has made good on its vow to challenge the special session legislation that attempted to fix the state electioneering communications law targeted by the Alexandria, Va., group in a federal lawsuit.

The center has supplemented its U.S. District Court filings to object to the statutes as amended, arguing they are also constitutionally infirm, The Associated Press reports.

The development follows word that Secretary of State Betty Ireland, as the chief elections officer, plans to enforce the legislation after deeming it outside the scope of the partial preliminary injunction won earlier by the center.

Health Care a Hot Topic at Legislative Interims

Lawmakers have tackled health care issues at several different angles during this month's three-day series of interim meetings, which end Wednesday:

• The Associated Press writes that legislators expect to revisit the debate over continuing the state's "Certificate of Need" system for regulating health care services. A state agency "issues more than two dozen of those certificates for everything from expanding heart surgery procedures to opening methadone clinics," AP health care writer Tom Breen reports. (Update: Breen has the blow-by-blow from the hearing.)
  

• AP delved earlier into the interim study of data-mining, in which mountains of information reflecting such doctor-patient interactions as drugs prescribed are sold to the pharmacuetical industry and other interests for marketing purposes. The Charleston Gazette covered that hearing as well.

• The Gazette and AP also report on the latest update provided to lawmakers on the overcrowding crisis afflicting West Virginia's state-run mental hospitals. The Charleston newspaper has a separate overview of the crowding problem as well.
  

Governor's Nephew Testifies at Prostitution Trial

A nephew of Gov. Joe Manchin is among several former customers of a Morgantown escort service who has testified in the federal trial of its owner, charged with prostitution-related offenses.

The Charleston Gazette reports that 33-year-old John Manchin III told the U.S. District Court jury in Clarksburg that he hired two women from Donna D. Duelley's Fascinations Escort and Entertainment Service .

"I remember one lady dancing, and another lady lap dancing, and I believe that's when the oral sex took place," he is quoted as testifying.

MetroNews also has coverage of the trial, with an audio report.

Election 2008 Roundup

• As they raise money for their re-election campaigns, West Virginia's congressional delegation has passed along some of those funds by contributing more than $1.5 million to other candidates, their parties and various causes, The Associated Press reports.

• U.S. Rep. Shelley Moore Capito, R-2nd, and Democratic challenger Anne Barth were both stumping in the Eastern Panhandle on Monday, the Herald-Mail of Hagerstown (Md.) reports.
  

Finding Revenue in West Virginia

With the Legislature in Charleston for its monthly interim meetings, talk is expected to turn to a final tally of "surplus" revenue from the budget year that ended June 30.

"High demand for coal and natural gas has helped the state stay in the black while others around the country are facing budget cuts and red ink," The Associated Press reports. "Fiscal conservatives in the Legislature want to use the surplus to pay down some of the state's debts."

Senate Finance Chairman Walt Helmick, D-Pocahontas, spoke to MetroNews on the topic. "He says the Legislature would be foolish to create any new state programs," it reported. Audio here.

Lawmakers are also expected to discuss funding for the state's many volunteer fire departments. The Register-Herald of Beckley reports on one emerging suggestion on the topic: legalizing fireworks.

AP also has coverage of another proposed revenue raising measure for the state: charging up to $400 for the placement of roadside memorials, to cover the cost of the Division of Highways maintaining them.

Clocking the Legislature

The Associated Press applied a stopwatch to the daily House and Senate floor meetings during this year's 60-day regular session, to test the notion that lawmakers fritter away most of that time on ceremony and pomp.

The results: "legislators spent two-thirds of their time on the key task assigned them by voters: to craft, advance and vote on bills."

Bush Coming to West Virginia

President Bush is expected to address the West Virginia Coal Association during its annual meeting next month at The Greenbrier.

Both The Associated Press, MetroNews and the Charleston Daily Mail have items on the slated appearance.

West Virginia to Host Southern Governors

August will bring the Southern Governors' Association to West Virginia for its annual meeting, and Gov. Joe Manchin expects at least nine of his counterparts to attend, the Charleston Daily Mail reports.

Manchin is the outgoing chairman of the group, which plans to hold its 74th annual gathering at The Greenbrier.

Election 2008: Daily Shorts

• Public Broadcasting chronicles the efforts of alternative parties to get their candidates on West Virginia's general election ballot. With audio.

• The McCain campaign has enlisted several West Virginia military veterans to aid its in-state efforts, the Charleston Daily Mail reports.

• The Associated Press reports that contributors to the kaput congressional campaign of state Sen. John Unger, D-Berkeley, are still waiting for refunds six months after he quit the race.
  

Mental Health Care in W.Va.

One of West Virginia's two state-run hospitals for people with mental illness has eased its immediate overcrowding problem, but as The Associated Press' Tom Breen reports, "a long-term solution remains elusive."

"The state Bureau for Behavioral Health and Health Facilities said it had made efforts to find places in private hospitals for patients at Mitchell-Bateman, a process known as diversion which the bureau expects will cost about $8 million this year," the article said. "Overcrowding at Mitchell-Bateman and William R. Sharpe Hospital in Weston, which has 150 beds, has been a problem for years."

An ombudsman's report helped highlight the crisis, but Breen reports that a lack of consensus is hampering any step toward a lasting solution.

"Last week, members of the union representing employees at Mitchell-Bateman rallied in front of the hospital to demand higher pay and an end to scheduling practices that occasionally have them working 16-hour shifts," the article said. "West Virginia Advocates, which works on behalf of West Virginians with disabilities, argues that overcrowding comes from a lack of community-based mental health services."

Update: MetroNews and Public Broadcasting also have items.

Graham Sues Feds Over Wyoming Aging Prosecution

Former Wyoming County senior agency chief Bob Graham is suing the federal government in the wake of an appeals court ruling vacating his criminal fraud conviction , The Register-Herald of Beckley reports.

"Under law, the maximum damages he can claim is $50,000 in the federal lawsuit in the U.S. Court of Claims," the article said. "In another legal issue, Graham is still battling to get his Individual Retirement Account fund, worth about $250,000, in a struggle with the state of West Virginia."

They Voted For You: Mortgage Crisis

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all helped the House pass the "Foreclosure Prevention Act of 2008."

Capito was among just 45 Republicans to support the bill in the 272-152 vote, which The Associated Press reports came just hours after President Bush dropped his opposition to the measure. It is expected to pass the Senate.

"The White House swallowed its distaste for $3.9 billion in grants for devastated neighborhoods," the article said. "In return, the administration got both the power to throw Fannie Mae and Freddie Mac a lifeline and the legislation Republicans long have advocated to rein in the government-sponsored mortgage companies."

A separate AP story reports that "Cash-strapped homebuyers and borrowers facing foreclosure will get some relief" from Wednesday's bill, but that it "won't solve the deep-rooted ills of the U.S. housing market. The bill was widely praised by real estate industry groups but doubts remain about how much real-world impact it will have for consumers."

Election 2008: More Shorts

• Democrat Barack Obama continues to outraise John McCain among West Virginians, The Associated Press reports, but the presumptive GOP nominee remains favored to win the Mountain State's five electoral votes in November.

• U.S. Sen. Jay Rockefeller, D-W.Va., had $3.3 million on hand by the end of last month for his re-election effort. His Republican opponent, Jay Wolfe, is $13 in the red, The Charleston Gazette reports.
  

Massey Sues W.Va. Supreme Court (Again)

Massey Energy Co. has sued to obtain e-mails from Justice Larry Starcher and others at the state Supreme Court that refer to the company or its CEO, Don Blankenship, The Charleston Gazette reports.

The Kanawha Circuit Court lawsuit alleges that the court's administration erred by turning down the company's Freedom of Information Act requests.

A lawyer for Massey told The Gazette that "Starcher's e-mails might be relevant to Massey's appeal of the ($240m) Wheeling-Pitt decision to the U.S. Supreme Court."

Still pending is Massey's federal lawsuit targeting the state Supreme Court over its recusal procedure. Though it does not name him as an individual defendant, that case focuses on refusals to disqualify himself from Massey-related cases by Starcher, a frequent and vocal critic of the company and Blankenship.

Also pending is The Associated Press' lawsuit appealing the Supreme Court's denial of its FOIA requests. Those sought e-mails and other records of contacts between Blankenship and Chief Justice Elliott "Spike" Maynard.

Update: Both AP and The Gazette report that Starcher has come out in favor of releasing any relevant e-mails under certain conditions. The justice also said he knew nothing of Massey's FOIA request until he read news of its lawsuit in the newspaper.

Election 2008: Shorts

• The Associated Press delves into the latest campaign finance reports for U.S. Rep. Shelley Moore Capito, R-2nd, and Democratic challenger Anne Barth. Both have attracted leadership PAC funds from within their respective parties. Barth has zeroed in on the sizable roster of Capito donors from the crisis-embroiled banking & finance sector, while Capito cites the hefty contributions to Barth from Rep. Charles Rangel, D-N.Y.

• After hinting that he might quit dabbling in West Virginia politics altogether, Massey Energy CEO Don Blankenship has given $4,600 to Jim Gilmore, the former governor of Virginia and GOP candidate for U.S. Senate there, the Richmond Times-Dispatch reports.

• The Charleston Gazette reports that the November ballot could list as many as six presidential candidates "the most state officials can recall." Besides Republican John McCain and Democrat Barack Obama, "state Mountain Party has become a branch of the national Green Party, which chose former Georgia Congresswoman Cynthia McKinney as its presidential nominee earlier this month," the article said. Meanwhile, "independent candidate Ralph Nader, Constitution Party nominee Chuck Baldwin and Libertarian Party candidate Bob Barr all are making moves to get on the state's ballot."

Quote of the Day

"I believe that issue is going to have an impact on voters, but I'm not sure to what degree."

GOP candidate for governor Russ Weeks, to the (Hagerstown, Md.) Herald-Mail, after telling the newspaper that "nearly everyone he meets wants to talk about the controversy surrounding Gov. Joe Manchin's daughter and the master's degree from West Virginia University that she supposedly didn't earn."

Expanding Cardiac Care in West Virginia

Gov. Joe Manchin got a lot of press over the weekend for his much-anticipated ruling on state heart care regulations.

As The Associated Press explains, the governor concluded that "medium-sized West Virginia hospitals may perform emergency procedures to clear clogged heart arteries without onsite surgical backup. But he also rejected as ambiguous a proposed rule that "says hospitals could not do elective angioplasty if they are 'within one-hour medical transport drive time' from another facility that has a heart surgery unit.

Both the Weirton Daily Times and The Intelligencer of Wheeling localized the AP story to include the decision's impact on area hospitals.

Others applying the governor's statement to local health care options include The Parkersburg News, The Register-Herald of Beckley and The Times-West Virginian of Fairmont.

Those offering more general coverage include The Charleston Gazette, MetroNews, the Charleston Daily Mail, W.Va. Media and Public Broadcasting (with audio).

The Battle Over Cardiac Care in West Virginia

State health care regulations have left it to Gov. Joe Manchin to decide by Friday whether to allow West Virginia's smaller hospitals to offer more cardiac care, as WSAZ-TV and others explain.

"Currently, only hospitals with on-site cardiac surgery can perform an angioplasty, a procedure that clears blood flow to the heart. Smaller hospitals want the surgery option," WSAZ reports, adding that in advance of Friday's deadline, "both sides have launched emotional ads in newspapers throughout the state."

The Register-Herald of Beckley reports that "while the path is open for most other geographical areas in the state to be served by these suggested updates, there is a clear fear among many in this region’s medical and health services community that Southern West Virginia is being left behind."

The Intelligencer of Wheeling includes Weirton Medical Center among the hospitals seeking the change. "WMC has participated in a pilot program for five years, allowing it to perform angioplasties without being approved for full cardiac surgery," that paper reported. "Out of nearly 900 procedures performed during the past five years, just one ended up having to go to a full cardiac hospital."

Election 2008 Roundup

• The Associated Press offers the latest fundraising numbers from West Virginia's U.S. House candidates, focusing on the 2nd District matchup between incumbent Republican Rep. Shelley Moore Capito and Democratic challenger Anne Barth. The Charleston Gazette also reports on the Capito-Barth figures.

• MetroNews Talkline spoke to Dan Greear, the GOP nominee for state attorney general, about his five-point campaign platform. With audio.

• AP, The Gazette and MetroNews also have items on John McCain's West Virginia campaign opening its in-state HQ in Charleston today.
  

They Voted For You: Medicare Override

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all helped the House override President Bush's veto of the "Medicare Improvements for Patients and Providers Act of 2008."

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., later joined much of the Senate in following suit to the 383-41 House vote. Senators voted 70-26 to override.

The Associated Press reports on the overrides, which revive "legislation protecting doctors from a 10.6 percent cut in their reimbursement rates when treating Medicare patients."

"Lawmakers were under pressure from doctors and the elderly patients they serve to void the rate cut, which kicked in on July 1," the article said. "The president said he supported rescinding the pay cut, but he objected to the way lawmakers would finance the plan, largely by reducing spending on private health plans serving the elderly and disabled."

Nearly 368,900 West Virginians receive health care benefits through Medicare, about 20% of the population, according to the Kaiser Family Foundation. Nationally, 15% are on the program.

Manchin Signs Electioneering Bill

Gov. Joe Manchin has signed the hotly fought special session legislation that attempts to shore up West Virginia's reporting requirements for election-time political ads by most non-candidates, The Charleston Gazette reports.

"Supporters of the bill contend that it does not restrict various interest groups from conducting election advocacy campaigns, but merely requires that they disclose their funding sources," the article said. "Opponents argued it would have a chilling affect on the campaigns by organizations for or against particular candidates, saying the disclosure requirement will drive away many would-be contributors."

The legislation aims to respond to a federal judge's preliminary ruling in favor of the Center for Individual Freedom, which sued to challenge the state's law. The center has vowed to sue again over the special session action.

West Virginian Edged Out in Presidential Primary

This weekend's annual meeting and convention of the Green Party in Chicago featured Mountain State resident Jesse Johnson as a contender for that alternative group's presidential nod.

The nomination ended up going to former U.S. Rep. Cynthia McKinney of Georgia. The Atlanta Journal-Constitution has a story.

W.Va. Road Fund Woes

The Associated Press reports that West Virginia finds itself in the company of most other states as it struggles to provide sufficient funding for its road repair and building budget.

A key problem is that many states, and the federal government, levy a gasoline/diesel tax as a user fee to raise highway revenue. But the National Conference of State Legislatures finds that the motor fuel tax rates had failed to keep up with inflation even before rising prices at the pump made new increases all but impossible.

The high costs are projected to reduce consumption. As a result, West Virginia is expecting $25.8 million less from its motor fuels tax this year than it generated last year.

The other states are finding no clear answers. Neighboring Virginia, for instance, just ended a special session devoted to transportation issues in a stalemate. Proposals include more tolls, privatizing tolls, and taxing motorists for vehicle miles traveled.

The Register-Herald of Beckley also reports on the State Road Fund's performance in the just-completed budget year.

Update: Both the Beckley newspaper and The Charleston Gazette have items on attempts by U.S. Sen. Robert C. Byrd, D-W.Va., to secure federal highway dollars for the Mountain State this year.

They Voted For You: FISA

U.S. Sen. Jay Rockefeller, D-W.Va., helped the Senate send President Bush legislation to amend the Foreign Intelligence Surveillance Act of 1978.

U.S. Sen. Robert C. Byrd voted against the measure in the 69-28 roll call.

The Associated Press reports on the final Senate vote, and has a separate article on Bush signing the bill.

The legislation "overhauls rules about government eavesdropping and grants immunity to telecommunications companies that helped the U.S. spy on Americans in suspected terrorism cases," AP reports. "It was a battle that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks and Democrats' fears of being portrayed as weak when it comes to protecting the country."

They Voted For You: Petraeus

U.S. Sen. Jay Rockefeller, D-W.Va., and 94 of his Senate colleagues voted to confirm Gen. David Petraeus as chief of U.S. Central Command, which includes the Middle East in its oversight, The Associated Press reports.

But U.S. Sen. Robert C. Byrd, D-W.Va., joined Sen. Tom Harkin, D-Iowa, in opposing the choice of Petraeus in he 95-2 vote.

"Byrd, chairman of the Senate Appropriations Committee, said he opposed Petraeus in part because the general should see through operations in Iraq," AP reported, with Byrd quoted as saying that with security gains being described as fragile, "it does not seem prudent to remove the mastermind behind the fragile successes that have been thus far achieved."

Manchin Stumps For Obama on MSNBC

Gov. Joe Manchin appeared briefly on MSNBC Thursday afternoon to talk up the presidential campaign of fellow Democrat Barack Obama, and highlight the upcoming centennial meeting of the National Governors Association.

Manchin told Andrea Mitchell that while Obama was trailing Republican John McCain in West Virginia, it was only by "single digits." When she asked him about Obama's race being a factor in the Mountain State, the governor said "I don't think any more than any other place."

Manchin appeared to speak to Mitchell from a studio of WSAZ-TV, which promoted his appearance earlier.

Though Mitchell clearly identified Manchin as the governor of West Virginia, on-screen text described his location as "Charleston, S.C." Thanks, MSNBC.

McCain Coming To West Virginia (Briefly)

Sen. John McCain plans to fly into the Huntington area Wednesday afternoon before taking his Republican presidential campaign to a Town Hall meeting in nearby Ohio.

The Associated Press has an item, as does the Herald-Dispatch, The Charleston Gazette and MetroNews.

Update: Those with coverage of the brief visit include AP, the Huntington newspaper and The Gazette.

Quote of the Holiday Weekend

"You're a great baseball man."

-- U.S. Sen. Robert C. Byrd, D-W.Va. to Sen. Jim Bunning, R-Ky., during an argument on the Senate floor overheard by The Washington Post.

The Post reported that when Bunning retorted that he "he has the same rights on the floor as Byrd," history's longest-serving U.S. senator replied, "Yeah, man, you're a senator," and laughed hysterically.

The Politico also has the exchange, which made Quote of the Day on Taegan Goddard's Political Wire as well.

Wylie Stowers, 1928-2008

Southern West Virginia has lost another Democratic faction kingpin. Wylie Stowers was 79 when he died Wednesday at a Huntington hospital.

Those with coverage include The Lincoln Journal, The Charleston Gazette, Public Broadcasting (with audio) and MetroNews.

Manchin Weighs in on Supreme Court Appeal

Gov. Joe Manchin has asked West Virginia's Supreme Court to take in DuPont's appeal of a nearly $400 million judgment against it, to review its punitive damages portion if for no other reason.

The Associated Press has details. "Manchin urged the justices to clarify what sort of appellate review is to be afforded DuPont under its constitutional right to due process," the article said. "His lawyers cited a 2003 U.S. Supreme Court decision to argue that the 14th Amendment guarantees appeals of punitive damages."

DuPont tells AP it is pleased with the governor's intercession. The plaintiffs? Not so much.

"I've never seen anything like this," their lead lawyer, Michael Papantonio, told AP. "This just further delineates how badly the deck is stacked in West Virginia against people trying to recover when they're taking on DuPont. It's stacked against people who have been wronged by corporate America."

Cook Upgrades Capito-Barth Race in W.Va.'s 2nd (Updated)

The Cook Political Report now ranks the contest between U.S. Rep. Shelley Moore Capito, R-2nd, and Democrat Anne Barth as competitive.

The nonpartisan outfit has changed its ratings for the Capito-Barth matchup and nearly 30 other U.S. House races.

But Cook still gives Capito the edge as she seeks a fifth term.

Cooked upgraded the race from "likely Republican," defined as "not considered competitive at this point but have the potential to become engaged, to "lean Republican," which are "considered competitive races but one party has an advantage."

(Cook also ranks West Virginia as "solid Republican" in the McCain-Obama race, though it "currently sees the Presidential contest as a Toss Up" nationally.)

Update: The Capito-Barth race remains "Republican Favored" in the eyes of both The Rothenberg Political Report and CQ Politics.

Republicans to ROMP for Capito

U.S. Rep. Shelley Moore Capito, R-2nd, is one of eight GOP House candidates who stand to benefit from the fundraising committee Regain Our Majority Program (ROMP), noted by The Politico.

Manchin Going To Bat For Obama (Updated)

Amid various signs suggesting West Virginia will remain red in this year's presidential election, Gov. Joe Manchin has pledged to come out swinging for his party's nominee.

Manchin told The Charleston Gazette, "after meeting with other 'centrist' leaders of the Democratic Party for two days in Chicago," he believes "Illinois Sen. Barack Obama can carry West Virginia in November."

"I've told Barack, 'You need to come to West Virginia and sit down and talk,'" Manchin is quoted as saying.

The Associated Press covered the weekend meeting of the Democratic Leadership Council. MetroNews also caught the governor afterward, and reports him saying "he was recently able to talk with the Illinois senator and his staff and stress just how important the West Virginia vote could be to his campaign."

MetroNews also has audio with its report, which also said that "no Democratic nominee has won the White House since 1916 without winning the West Virginia Primary."

The observation dovetails with the recent county-by-county electoral map analysis of Appalachia that accompanied an op-ed on the topic in The New York Times. The op-ed, in turn, was invoked in a Monday piece, "Winning over West Virginia," in the United Kingdom newspaper The Guardian.

Update: Manchin also spoke to Public Broadcasting (audio here), recounting this conversation with Obama:

He says, 'You know Joe, I don’t know if my demographics work that well, which is being an African American in a state that is predominantly white Caucasian.' And I kidded with him. I said, I come from an ethic background, in being Catholic in a state that has very few Catholics. You could say my demographics do not work well in West Virginia, but people need to know you. They will base you on your performance. You need to spend time in West Virginia.

Happy New (Fiscal) Year, W.Va.

It doesn't sound nearly as exciting as Jan. 1, but Tuesday kicks off West Virginia's new budget year.

Toward that end, the state completes the gradual halving of the sales tax on groceries to 3 cents on the dollar. The Associated Press reports on the latest food tax cut, while noting that West Virginia's "will still be higher than surrounding states. Kentucky, Maryland, Ohio, and Pennsylvania don't have a food tax. Virginia's is 2.5 percent."

July 1. also marks the opening of the market for workers' compensation coverage to competition beyond the state-created BrickStreet Insurance Co. Those with coverage include the Charleston Daily Mail, The Register-Herald of Beckley, The Journal of Martinsburg and the Bluefield Daily Telegraph.

Update: MetroNews' Talkine featured dueling perspectives on the food tax cuts, with audio from Delegate Mitch Carmichael, R-Jackson, and Manchin spokeswoman Lara Ramsburg.

Election 2008: President

The latest Federal Election Commission filings show that Barack Obama continues to outraise John McCain among West Virginians, The Associated Press reports -- though the Democratic presidential hopeful's campaign notes to AP that the money race is but one barometer of the White House contest.

"Obama has received more than $208,000 from West Virginians, including about $38,500 last month, the FEC filings show," the article said. "McCain attracted about $16,400 in May, bringing his in-state total near $88,600."

The Washington Post casts West Virginia in the red column in a lengthy Sunday piece that contrasts that trend with movement in the opposite direction by Virginia.

U.S. Rep. Shelley Moore Capito, R-2nd, told that newspaper that Democrats "do appeal more to an upper-middle-class, higher-educated, faster-moving kind of voter. Voters here are still waking up in the morning saying, 'I want to make sure my kids get fed and that someone's not trading away my constitutional rights.' "

Stateline.org, meanwhile, is the another to remove West Virginia from the roster of 2008 battleground states. The nifty interactive map includes the Mountain State among 19 it ranks as "safely Republican."

The "Out There" column specifically notes the departure of West Virginia from the list of "purple states:"

Once a staunchly Democratic state, it has voted Republican during the past two presidential elections and gave Obama such a primary drubbing that Out There can no longer justify calling it purple.

Also referring to the May 13 outcome as a "drubbing," AP notes as well that "Exit polling conducted for The Associated Press during the Democratic primary indicated that little more than a third of Clinton's supporters would back Obama, who received about 26 percent of the vote, were he the nominee."

Update: Gov. Joe Manchin is also quoted in the Post piece. After telling the reporter "he has to convince West Virginians that national Democrats would not be able to take away gun rights, even if they wanted to," the governor is quoted as saying, "I've encouraged Barack. I say, 'Please come back to West Virginia and sit down and talk to people so they'll get to know you.' "

Special Session Recap

The Associated Press was on hand for Saturday's finale of the legislative special session convened by Gov. Joe Manchin.

AP reports on the final passage of the hotly debated electioneering communications bill and the session's end. It also offers a glance of the session's highlights.

The Legislature's extensive web site features a roster of the session's 19 items, with links to bill text, roll calls and other details.

AP focused earlier on the back-and-forth over the campaign ad disclosure measure. Others who sifted through that debate include The Charleston Gazette, Public Broadcasting (with audio), MetroNews and The Intelligencer of Wheeling.

W. Va. Supreme Court Rebuffs Legislative Pay Raise Challenge

The state Supreme Court unanimously rejected the petition filed by former state senator and 2008 GOP gubernatorial nominee Russ Weeks, challenging provisions of the legislative pay raise bill passed this year.

The Associated Press has the story, as does The Register-Herald of Beckley.