A Republican who announced his resignation from the West Virginia Senate on Tuesday now says he'll stay until a resolution is reached about whether his replacement should be a Democrat or a Republican.
Sen. Daniel Hall, of Wyoming County, who was elected in 2012 as a Democrat but changed his party affiliation to Republican after last year's election left the Senate deadlocked, announced Tuesday that he would leave the Senate to become a lobbyist for the National Rifle Association.
"If I have to, I will [stay]," Hall said. "I'm not interested in putting the Senate in chaos. If there's not a clear resolution for it, I'll probably stay."
However, a spokeswoman for Gov. Earl Ray Tomblin, who would choose Hall's replacement, says no one will be appointed until Hall has officially resigned.
"Until there is a vacancy, the governor has no role in any decision, with regard to the appointment process," Shayna Varner, Tomblin's press secretary, said Wednesday.
Usually, a lawmaker's party would nominate three possible replacements for the governor to pick from but, with Hall's party switch, it's unclear whether a Democrat or Republican should be named. State law regarding the matter appears to be ambiguous, and Tomblin administration officials said the resignation created a "unique situation."
Hall's replacement's party will decide which party will control the chamber leading up to the 2016 elections.
Pat McGinley, a professor at the West Virginia University College of Law, said the matter could be resolved by looking at context.
"The law instructs that any conflicts between provisions should be resolved based on the context of the conflicting provisions," McGinley wrote in an email to the Gazette-Mail. "In this case, the more specific provision of the law that indicates when a member of the state Senate resigns, the executive committee of the party to which the senator belonged at the time of his election should make the recommendation to the governor.
"In this case that would be the Democratic Party executive committee," McGinley wrote. "Such an interpretation would be consistent with the decision of the voters who elected a senator from the Democratic Party and would give no weight to the fact that the elected Democratic Senator decided to switch parties. Such an interpretation would be consistent with basic principles of a democracy that the Power rests in voters, speaking through their ballots."
Hall noted that his announcement did not say he had resigned, just that he would resign effective Jan. 3. He said he believes the law is clear that a Republican should be appointed and that the matter should be sorted out within the next few days.
"I think it's very clear, and I think it will be sorted out here soon," Hall said.
Unsurprisingly, Democrats and Republicans each say a member of their party should replace Hall.
"The bigger problem is that Raleigh and Wyoming counties deserve a senator who knows what he wants to be when he grows up, not this constant flip-flopping from Daniel Hall," said Chris Regan, vice chairman of the West Virginia Democratic Party.
Regan said he believes the decision of the voters should be honored and a Democrat be appointed. If that doesn't happen, he said, the issue will end up in court - and soon. The 2016 session is scheduled to start Jan. 13.
"There are methods to get in front of the Supreme Court right away," Regan said. "Those people deserve representation, so it can't be a long delay over who will be appointed."
State Democratic Party Chairwoman Belinda Biafore said in a statement Wednesday that the party is taking steps to ensure its Senatorial Executive Committee of the 9th District has what it needs to fill the seat.
Conrad Lucas, chairman of the West Virginia Republican Party, called suggestions of taking the issue to the Supreme Court an attempt by a party so desperate for power that they're willing to sue for it.
"I think the law needs to be followed, and the law on this is clear," Lucas said. "If it's a vacancy, the law is clear that it must be filled by a Republican."
As for Hall's hesitation to resign before a decision about his replacement is made, Lucas said, "Those are statements of a truly honorable gentleman who has the best interest of West Virginia and the 9th District at heart."
Lucas said the party would submit to the governor three names of possible Republican replacements "in a timely fashion."
State law requires a person register as a lobbyist with the West Virginia Ethics Commission before "engaging in any lobbying activity, or within thirty days after being employed as a lobbyist, whichever occurs first." As of Wednesday, Hall had not registered.
Reach Lori Kersey at lori.kersey@wvgazettemail.com, 304-348-1240 or follow @LoriKerseyWV on Twitter.