# Are US Senators allowed to switch classes? **URL:** \ **Category:** Factual Questions\ **Created:** [June 27, 2010, 4:15pm UTC](https://boards.straightdope.com/t/are-us-senators-allowed-to-switch-classes/544686 "2010-06-27T16:15:20Z")\ **Posts on this page:** 4\ **Page:** 2
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [June 28, 2010, 4:55pm UTC](https://boards.straightdope.com/t/are-us-senators-allowed-to-switch-classes/544686/21 "2010-06-28T16:55:06Z")
Here’s an interesting complication, courtesy of West Virgina state law from [CNN](http://news.blogs.cnn.com/category/latest-news/politics/robert-byrd/). > [@](#): > > Under West Virginia law, the state’s popular two-term Democratic governor, Joe Manchin, has the power to appoint Byrd’s successor. Manchin is expected to name a fellow member of his party to succeed Byrd, who was also a Democrat, thereby keeping a total of 59 Democrats in the Senate. There are questions, however, regarding exactly how long Byrd’s appointed successor can serve before another election is held. West Virginia law says that if a Senate vacancy is created within two and a half years of the end of a term, the appointed successor will automatically serve out the remainder of the term. If not, a special election is required.Byrd’s current term is scheduled to end on January 3, 2013. The two and a half year mark will be reached on Saturday, July 3. > > West Virginia law fails, however, to state exactly when a vacancy occurs. Whether the vacancy is considered to have been created at the moment of Byrd’s death, when the Senate informs state officials of the vacancy, or when Manchin declares the seat vacant will be crucial. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [June 28, 2010, 8:14pm UTC](https://boards.straightdope.com/t/are-us-senators-allowed-to-switch-classes/544686/22 "2010-06-28T20:14:49Z")
> [@Exapno\_Mapcase](#): > > Here’s an interesting complication, courtesy of West Virgina state law from [CNN](http://news.blogs.cnn.com/category/latest-news/politics/robert-byrd/). Well, this morning Daniel Inoye was named President Pro Temporae of the Senate (Byrd’s position) so the Senate, at least, considered Byrd’s seat to be vacant. **Freddy the Pig,** that’s a great tidbit! ---
**Author:** ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)\ **Post date:** [June 28, 2010, 8:22pm UTC](https://boards.straightdope.com/t/are-us-senators-allowed-to-switch-classes/544686/23 "2010-06-28T20:22:53Z")
> [@Exapno\_Mapcase](#): > > Here’s an interesting complication, courtesy of West Virgina state law from [CNN](http://news.blogs.cnn.com/category/latest-news/politics/robert-byrd/). Considering Senator Byrd’s activity level in the last few years (compared to earlier years at least), it may take W. Va. some time to notice a change of state. 🙂 ---
**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\ **Post date:** [June 28, 2010, 8:45pm UTC](https://boards.straightdope.com/t/are-us-senators-allowed-to-switch-classes/544686/24 "2010-06-28T20:45:12Z")
> [@kunilou](#): > > Well, this morning Daniel Inoye was named President Pro Temporae of the Senate (Byrd’s position) so the Senate, at least, considered Byrd’s seat to be vacant. Seniority as a criterion for position can be taken to ridiculous extremes. So we traded Byrd (who, prior to a couple of days ago had one wheel in the grave for years) for Inouye (who’s trudging his way up Death’s front steps like Tim Conway’s little old man). I’ve occasionally expressed sympathy for term limits, but overall I think studies that have shown that term-limited seats tend to be MORE dependent on lobbyists (because if everyone is a freshman, the lobbyists are the only people who know how things work) keep me from favoring the idea most of the time. But do we really need to have a Senate that’s pretty much nothing but a sloooow-moving conveyor belt to the cemetery? [Previous page](https://boards.straightdope.com/t/are-us-senators-allowed-to-switch-classes/544686.md?page=1)