Table Games - Kanawha County

The Kanawha County Commission voted 2-1 Thursday to endorse table games for Nitro's Tr-State Racetrack and Gaming Center, in advance of the Aug. 11 special election.

The Associated Press was there, as was The Charleston Gazette and MetroNews (with audio).

As these press accounts reports, the lengthy evening meeting offered a showcase of the debate and the opposing forces. Supporters and foes helped pack the commission courtroom and also lined the street outside, replete with T-shirts and signs.

But among the 21 who chose to address the commissioners before the vote, pro-table games speakers outnumbered opponents 15-6. Nevertheless, both sides are expected to continue their campaigns as the election draws near. Early voting begins July 20.

They Voted For You: Iraq

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped their party pass the "Responsible Redeployment from Iraq Act" Thursday.

Its goals include "To require the Secretary of Defense to commence the reduction of the number of United States Armed Forces in Iraq to a limited presence by April 1, 2008."

Rep. Shelley Moore Capito, R-2nd, voted against the measure, which prevailed 223-201 almost entirely along party lines.

The Associated Press has an audio report, as well as this article providing context to the vote and the day's other Iraq-related political developments.

W.Va. Figures in NRC Sting

Congressional investigators picked West Virginia as the home of a bogus company they used to get the necessary license from the Nuclear Regulatory Commission "to buy enough radioactive material for a small 'dirty bomb,' The Associated Press reports.

"Nobody at the NRC checked whether the company was legitimate and an agency official even helped the investigators fill out the application form," the AP article said, citing an interview with Sen. Norm Coleman, R-Minn.

Also of interest from the article: "The GAO also tried to get a license from the state of Maryland, one of 34 states that the NRC has given authority to handle such licensing. Unlike the NRC, the Maryland officials said they wanted to visit the company, so the investigators withdrew their application."

The AP's H. Josef Hebert, who once worked out of the Charleston bureau, wrote the story.

In its version, The Washington Post focuses on West Virginia's role in the lead paragraph, and then explains the sting operation's rationale:

"they focused the sting on West Virginia in part to show how close to the nation's capital a terrorist could build a bomb. Such proximity would reduce the chance of detection during transport to a target...In addition, by operating from West Virginia, the GAO undercover investigators were required to deal directly with the NRC. That's because West Virginia is one of more than a dozen states...that don't have their own system for issuing licenses for the handling of radioactive material and monitoring those who apply for them."

State Capitol Security

...should soon feature metal gates at all entrance roads and additional security cameras, The Charleston Gazette reports.

The Capitol Building Commission has approved measures that would extend the campus'
electronic access card access system to these new gates, which would be locked during off hours.

"Gates at main entrances will have surveillance cameras and intercoms to allow visitors to talk to security personnel," the Gazette reports.

The Gazette goes on to say that "Concerns about Capitol security were heightened this spring after two impaired drivers drove their cars onto the grounds — resulting in significant damage to the Veterans Memorial in one case." (Background here.)

Ireland Out in 2008

Secretary of State Betty Ireland will not be on the 2008 ballot, for her current office or any other, she announced earlier today.

The Associated Press has the story. I note that besides being the first woman elected to West Virginia's executive branch, Ireland had won praise from would-be '08 challengers and had been touted by national GOP figures as congressional material.

Others with the story include The Charleston Gazette, the Charleston Daily Mail, MetroNews (Ireland announced her decision on Talkline) and West Virginia Media.

A Question of Residency - UPDATED

The issue re-emerged (see below) earlier this month, with a passing reference in an article in The Register-Herald of Beckley.

While describing his plan to announce for secretary of state, Senate Majority Whip Billy Wayne Bailey, D-Wyoming, said he had moved to Beckley.

The article noted that the state bars more than one senator from residing in any given county (in a multi-county district), but Bailey said he could reside in Raleigh County "even though the county already has a senator — fellow Democrat Mike Green."

“Sure I can,” Bailey told the newspaper. “I just can’t run for senator again.”

The Register-Herald followed up this week, by citing provisions of the West Virginia Constitution that appear to raise questions about Bailey's ability to retain the seat from Raleigh County.

Bailey told the newspaper that he can claim residency in both counties.

“I’ve got a post office box in Pineville and I can claim a residence at my mother’s house in Alpoca,” Bailey told the newspaper, while also citing his job at Wyoming County's senior center.

But as The Associated Press reports today, Gov. Joe Manchin raised similar arguments while a delegate seeking to run for the state Senate in 1984. The state Supreme Court rejected his claims, and that of a second Senate candidate, before knocking them both off the ballot.

The justices concluded that Manchin and his family lived in the wrong district, and found that the deciding factor. That ruling also says that senators "must be residents of both the county and the district from which they are elected."

(Manchin changed his residency after the ruling, and won the Senate seat in the following election of 1986.)

Update: My apologies to Phil Kabler and The Charleston Gazette. He ran an item about Bailey's residency, "WYOMING DELEGATE IN NAME ONLY?", way back in January.

Kabler cited an August 2006 deed filing by Bailey and his wife for a $160,000 house in Beckley. He also reported that their children enrolled in Raleigh County schools that fall.

Bailey told Kabler that his family "moved there after they determined that the cost of the mortgage payment was less than the $900 a month his wife was spending for gas to commute from their home in Pineville to her job in Beckley."

Mollohan's Legal Bills Cited

Citing allegations that sparked an apparently ongoing FBI inquiry, The Politico web site found that "Rep. Alan B. Mollohan (D-W.Va.) paid a Washington law firm more than $22,000 during the past three months."

The Politico found the payments to Kellogg, Huber, Hansen, Todd, Evans & Figel in the 1st District congressman's latest campaign finance report.

Former Governor Slated For Honor

Former Gov. Gaston Caperton is in line to receive the "James Bryant Conant Award from the Education Commission of the States," which The Charleston Gazette describes as a prize granted for “significant contributions to the quality of education in the United States.”

Caperton, a Democrat who was elected governor in 1988 and 1992, is president of the national College Board, "which administers SAT tests and Advanced Placement high school courses."

Early W.Va. Poll #s - Updated

A Republican-oriented polling outfit has surveyed 400 likely Mountain State voters to check the waters in advance of 2008. Host Hoppy Kercheval of MetroNews' Talkline presented some of the numbers in online columns Monday and today, and also talked about them on yesterday's show.

The May survey by Fabrizio, McLaughlin and Associates offers favorable and negative ratings for the major presidential hopefuls, and asked voters to choose between a generic Democrat and Republican for president.

It also quizzed respondents about their political leanings, and had them weigh hypothetical '08 matchups between specific presidential candidates.

In his follow-up column today, Kercheval shares numbers reflecting Iraq as an issue for would-be voters, and President Bush's approval rating.

Kercheval told his listeners Monday that the poll was commissioned by John Raese, his employer at MetroNews and the unsuccessful challenger to U.S. Sen. Robert C. Byrd, D-W.Va., in 2006. The former state GOP chairman has been touted as a possible opponent to Sen. Jay Rockefeller in 2008.

Update: Though no results appear available, it seems that the poll did indeed ask about a potential Raese-Rockefeller match-up. Reader responses indicate the poll also sought opinions of Rep. Shelley Moore Capito, R-2nd, and asked about party registration, abortion, gun ownership, religion and church attendance.

The Wire

For my "Capital Focus" piece this week for The Associated Press, I took a crack at the most-debated ruling from the latest term of the state Supreme Court.

The 3-2 ruling in State v. Mullens concluded that the search and seizure protections in the West Virginia Constitution require a warrant for an informant to enter a suspect's home while wired for electronic surveillance.

Law enforcement object to the ruling, as it leaves them with only five circuit judges statewide with the power to issue the necessary warrants. Gov. Joe Manchin has been urged to add the issue to a special session agenda, and he's weighing his options.

I try to point out that the 50-page ruling reflects research into how the other states have approached electronic surveillance. Only a relative handful have statutes or court decision that speak to sending a wired informant into someone's home, this research found.

If they are inclined to react to it, the ruling offers lawmakers and Manchin several options. In Wisconsin, for instance, a similar decision prompted legislation to create an exception allowing wired informants into homes without warrants in felony drug investigations. Florida voters responded by amending that state's constitution.

I also note that this hot-potato decision overrules a previous Supreme Court opinion, an infrequent event. Interestingly, lawyers for both the defendant and prosecutors missed this 1986 opinion in presenting their arguments to the court. Each also cited only a few of the 15 or so court cases from other states that address the issue.

Representing Boone County prosecutors in the appeal, the attorney general's office did cite the severely critical dissents that rulings in some of these other states had sparked. The same proved true in West Virginia: Justices Brent Benjamin and Elliott "Spike" Maynard each lambasted the majority in separate dissents to the Mullens decision.

The Register-Herald of Beckley follows up by asking Manchin about the prospects for a special legislative session. And then there's this take by West Virginia Media.

Table Games: Kanawha County

Church groups made a major pitch to Kanawha County voters Sunday, urging them to deny casino table games for Tri-State Racetrack & Gaming in the Aug. 11 special election.

The Associated Press has a story, as does both The Charleston Gazette and Charleston Daily Mail.

The Wheeling News-Register, meanwhile, throws out some revenue figures to question whether the state's Northern Panhandle tracks are losing customers to the new slot machine casinos in neighboring Pennsylvania.

The threat of such competition helped fuel the drive for casino table games by the West Virginia tracks. But whether Keystone State casinos will remain open has become an issue amid a stalemate over that state's new budget.

As AP reports, the failure to break the deadlock forced the furlough of more than 24,000 public workers and the shutdown of non-essential state offices.

"At least gamblers and employees of the state's five slot-machine parlors got a reprieve when a judge late Sunday granted a request by the casino owners to remain open, at least until a Tuesday hearing," the AP story said.

Bringing the Capital City Online

Or, at least part of it. The Sunday Gazette-Mail reports this morning that Charleston's East End Main Street group has landed a grant to supply wireless Internet access to that neighborhood.

"Lara Ramsburg, spokeswoman for Gov. Joe Manchin, confirmed that he and other city leaders would be announcing on Monday 'a significant Wi-Fi project that will benefit Charleston and its visitors,'" the newspaper reports.

The So-Called Surplus

West Virginia state government has about $47.3 million to play with after the latest budget year ended with more general revenue than expected.

This is at least the third straight year when the array of taxes and fees that fund the state's main budget exceeded estimates by a sizable amount.

All told, the state ended the fiscal year June 30 with $95.6 million over projections. As I note, state law requires that half of such a surplus must be deposited in the state's "rainy day" account.

Gov. Joe Manchin's office says they have not yet decided what to do with the rest. Past surpluses have helped close the yawning funding gap in the state's main teachers fund. But lawmakers are also looking for funding for "Community Participation Projects," the successor vehicle to the fabled Budget Digest for delivering funding earmark to their home districts.

I also note that the administration's 5-year projection predicts that spending will soon eclipse revenues, thanks largely to health care costs. The fiscal year that began July 1 must also weather revenue changes caused by the modest cuts to the food, business franchise and corporate net income taxes.

I drew my story for The Associated Press from the latest collections report from the Department of Revenue. Manchin also issued a press release on the topic, which is quoted by both AP and The Charleston Gazette.

MetroNews, meanwhile, spoke to state Budget Director Mike McKown.

John McClane Comes to W.Va....Sort of

West Virginia plays a bit part in the plot of Live Free or Die Hard, the latest installment of the Bruce Willis action franchise.

The Charleston Daily Mail reports that that Willis' cap-busting cop drives into the Mountain State at one point, to investigate an East Coast power outage that's traced to a fictional W.Va. town.

Though actually filmed in California, the scene shows Willis driving past a "West Virginia Open for Business" sign. No word yet on whether this revives or influences the debate over the slogan. As best I can tell, Willis does not shoot or blow up the sign, so I guess that's good for Gov. Joe Manchin.

Kessler Adds Name to SupCo Maybe List

In the event of an open seat, Senate Judiciary Chairman Jeff Kessler, D-Marshall, tells the Wheeling News-Register that he might consider running for the Supreme Court in 2008.

The terms of Justices Elliott “Spike” Maynard and Larry Starcher are up next year, but the newspaper explains that while "Maynard has indicated he will seek re-election in 2008, Starcher has not."

Charleston lawyer Michael C. Allen and Robert Bastress Jr., a professor at West Virginia University's law school, have filed precandidacy papers for the court. Both are Democrats.

As noted here earlier, Delegate Tim Manchin, D-Marion and a cousin of Gov. Joe Manchin, told MetroNews' Talkline that he is in the same posture as Kessler regarding a possible run.

The Legislative Outing to Puerto Rico

Public Broadcasting spoke to those attended as well as to critics who deem the Council of State Governments conference a poor use of state tax dollars. Segment includes audio.

The Charleston Gazette reported earlier that West Virginia sent the largest delegation to the conference _ larger than even that of the host.

Table Games Update

The Charleston Gazette reports on the state's first big coup from the approval of casino table games by voters in Hancock and Ohio counties.

Mountaineer Racetrack and Gaming Resort in Chester and the Wheeling Island Racetrack and Gaming Center each paid the $1.5 million license fee required for operating such games. All fee revenue _ tracks must also pay $2.5 million annually for license renewals _ go to fund in-home care for seniors.

Both tracks sought table games to blunt competition from slot machine casinos opening in neighboring Pennsylvania. Mountaineer's owner, MTR Gaming Group Inc., also owns one of those Keystone State establishments, Presque Isle Downs near Erie.

But a budget stalemate pitting Gov. Ed Rendell, a Democrat, against the GOP-controlled state Senate threatens to shutter it and Pennsylvania's four other slot operations, The Associated Press reports.

"The fiscal year began Sunday without a new state budget in place, meaning that the government loses its authority to spend money on services it deems to be not essential to the health, safety and welfare of the state’s residents," the AP explains. "Rendell has said casinos would be shut down Monday with the rest of the state’s nonessential services, a scenario that Republican legislators say can be avoided."

Bush, W.Va. & the 4th of July - Updated

(Update: The White House supplied this photo from this morning's speech. Familiar faces include: U.S. Rep. Shelley Moore Capito, R-2nd, and her husband Charles, far left; Adjutant General Allen E. Tacket of the W.Va. National Guard, right of the Capitos; and Delegate Jonathan Miller, R-Berkeley, second row behind the podium, far right)

President Bush marked Independence Day in West Virginia for the fourth time since taking office in 2001, addressing a crowd at the National Guard's 167th Airlift Wing in Martinsburg.

The Associated Press covered the event, and also spoke to those in attendance. Several AP members are also hosting AP Video from the morning speech (sites also here, here & here).

The Journal of Martinsburg has also posted its story from the visit. MetroNews has a story as well as audio.

The AP has an article as well on a planned protest to coincide with the president's appearance. The White House, meanwhile, has a transcript of his Martinsburg speech.

The Charleston Gazette helps celebrate the 4th with a package of interviews with some of our newer citizens. "(N)ot all Americans are born American," the Gazette notes. "For some, the fireworks and festivities on the Fourth of July are the mark of a new life in a new country."

The package also includes video of the interviews.

Others with Independence Day coverage include MetroNews, the Charleston Daily Mail and the Bluefield Daily Telegraph.

Six Months Old, And An Award

Lincoln Walks At Midnight hits the half-year mark this month, and I could not be more pleased. I believe it has kept its intended focus, as reflected on the masthead, while adding features and adapting over time.

I am also humbly grateful for the continuing comments and feedback from my peers and mentors in the blogosphere. I still have much to learn, but folks out there have been very kind.

And this milestone is marked by a pleasant surprise: an award.



The generous gang at Hillbilly Savants recommended Lincoln Walks At Midnight for a"Thinking Blogger Award," which "works on the principle that good bloggers know other good bloggers when they see'm."

Having been tapped for the award itself, Hillbilly Savants was asked to pick five other blogs for the honor and included Lincoln Walks At Midnight in its list.

The award originated here, and the rules are simple:

1. If, and only if, you get tagged, write a post with links to 5 blogs that make you think,

2. Link to this post so that people can easily find the exact origin of the meme,

3. Optional: Proudly display the 'Thinking Blogger Award' with a link to the post that you wrote.

And in keeping with the rules, I nominate the following:

1. Hillbilly Savants. A well-rounded blog devoted to all things Appalachia, with a deep bench to boot. I gladly return the favor (and not surprisingly, am not the only one);

2. The Goat Rope. Perhaps the best-written, best-footnoted site on my blogroll. A whimsical dash of Aesop sets the tone;

3. The Republican Gazette. Faithfully updated, rich in nuggets of political dish and inside skinny. Often laugh-out-loud funny as well;

4.Mighty Max Update. As heart-wrenching as it is life-affirming, the online diary of a brave little boy with CHARGE syndrome;

5. On Location With Rick Lee. A blog devoted to photography, one of the most visually pleasant corners of cyberspace.

Note: As always, I express no opinions as to the points of view or political bents of any of these blogs. Rather, as the creator of the award put it, I chose blogs "with real merits, i.e. relative content, and above all - blogs that really get you thinking!"

Quote of the Day

"We believe we can win a more appropriate and favorable decision on appeal."

-- Don Blankenship, president, CEO and chairman of Massey Energy Co., responding to The Associated Press about the nearly $220 million verdict reached against the company Monday in a contract dispute with Wheeling-Pittsburgh Steel Corp.