Webb’s future could have major impact on 2011 and 2012 races
By | Sunday, January 23rd, 2011 | Politics

I’ve said elsewhere that I think speculation about the 2012 Senate race is premature, as we’ve got state and local races coming up in 2011 that need attention.  That being said, the biggest question most folks have been asking – and one I’ve asked dozens of people on both sides of the aisle over the last few weeks – is whether Jim Webb intends to run again.  No one I have talked to, whether they be Washington lobbyists or Richmond insiders, thinks Jim Webb is acting like someone who intends to run again.

I have heard a few rumors about what Webb may do, but there is one I have found most intriguing, as I have heard it from multiple people over the last two weeks.  That rumor says that Webb will be named Secretary of Defense to replace Robert Gates, who has announced he intends to step down some time in 2011.  Given Webb’s dislike of they way the Senate works – he clearly prefers being in a military or executive environment where things get done – this rumor makes a lot of sense.  His military credentials are unimpeachable, and his concern for the Iraq war issue – his son is an Iraq war veteran – made him a leader in the Democratic party on defense issues.  Given his desire to see the war in Iraq ended, taking over the Defense Department that is wrapping up that war seems to be very fitting.  Given Webb’s voting record, losing him in the Senate won’t be a massive blow to the Democrats maintaining control there, as Webb was independent and his vote couldn’t be counted on by the leadership.  That makes this rumor, to me at least, seem pretty credible.  There do not appear to be any no-brainer reasons why Webb couldn’t move from the Senate to Secretary of Defense.

If that happens, the 2012 Senate race in Virginia is going to explode.

Under VA Code § 24.2-207, when a vacancy occurs in the United States Senate, the Governor may make a temporary appointment to fill the seat until a special election may be held to permanently elect a new senator to fill out the term of the Senator who vacated the office.  The text of VA Code § 24.2-207 reads:

“When any vacancy occurs in the representation of the Commonwealth of Virginia in the United States Senate, the Governor shall issue a writ of election to fill the vacancy for the remainder of the unexpired term. The election shall be held on the next succeeding November general election date or, if the vacancy occurs within 120 days prior to that date, on the second succeeding November general election date. The Governor may make a temporary appointment to fill the vacancy until the qualified voters fill the same by election.”

Given that we have a “general election” coming up in November 2011, whoever the Governor appoints would only be Senator until the special election, and under § 24.2-207, the governor has to issue a writ of election for the next succeeding November general election – that’s November 2011.  The VA Code defines a “general election” in VA Code § 24.2-101 as “an election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times.”  There is no distinction between federal and state general elections in the definitions section of the Code.

This interpretation seems to make sense historically, too.  From my review, there have been three Senators appointed to fill unexpired terms vacated by a sitting Senator, most recently Harry Byrd, Jr. who was appointed and subsequently elected of finish out the term of his father, Harry Byrd Sr.  His special election took place during a federal general election year, 1966.  Oddly enough, Harry Byrd, Sr. got the job himself in the same way in 1933.  He was appointed to the position of Senator in March of 1933 to fill the seat vacated by Claude Swanson.  He was elected that November in a special election, and then reelected in 1934 in a regular general election. 1933 should have been a state general election year.

If I am correct, if Jim Webb vacates his office to become the Secretary of Defense, that outcome has a major impact on both the 2011 state elections and the 2012 federal election for U.S. Senator.  Given the traditional lower turnout for non-federal elections, having a fight this year at the top of the ticket for a major federal office will have serious down ballot impacts on the state elections.  For example, here in Fairfax, the top of the ticket will either be the State Senate  race or the Chairman of the Board of Supervisors race, depending on your perspective.  Neither of those types of races will have the kind of impact that a U.S. Senate race would have on down ballot races.  The potential impact is huge, especially if both parties have credible candidates at the top, which they will.  The Republican candidate will be the sitting Senator, appointed by Governor McDonnell, and the Democrats have a variety of potential Senate candidates to choose from, including DNC Chair Tim Kaine or former Congressman Tom Periello, both of whom have already been touted by the Democrats as potential runners in 2012.

The most likely choice for Governor McDonnell to replace Webb immediately would be George Allen.  If that happens, the big primary battle we were all expecting next year  gets moved to this year, probably sometime as late as September. That will put massive pressure on announced candidates like Jamie Radtke and unannounced candidates like Corey Stewart who will have to move up all of their planning and fundraising efforts by a year or risk facing a sitting U.S. Senator rather than an open primary we all expected next year.

It’s hard to say whether having a Senate race at the top of the ticket in 2011 will help or hurt Republicans seeking local office.  A bruising primary that turns into a fight between the establishment and the Tea Party could cause divisions that make it difficult to turn out voters for state and local candidates in 2011.  And the potential that Democratic turn-out will spike in an effort to hold on to the U.S. Senate seat can’t be discounted either, especially if a popular Democratic candidate like Perriello or Kaine ends up at the top of the ticket.

Now, of course, all of this is conjecture because we truly have no idea what Webb is going to do.  Some, like Tim Kaine, are confident that Webb will run again.  And there’s no way to know who is on the White House’s short list for Secretary of Defense, nor has Gates announced an actual date for his retirement.

All eyes are going to be on Webb in the next few months as we figure out what he plans on doing.  His decision could have a major impact on the elections this year and next.  It will be interesting to see what he decides to do.


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About the author

Brian Schoeneman

A veteran political professional, a long-time Republican party activist and new attorney, Brian W. Schoeneman has been offering his opinions at Bearing Drift since 2010. He serves on the Board of Virginia Line Media, LLC, which operates Bearing Drift and spends his days representing the U.S. Merchant Marine in Washington, D.C. He hails from Fairfax County, Virginia, where he lives with his wife and son.

Comments

14 Responses to "Webb’s future could have major impact on 2011 and 2012 races"
  1. valentinus January 23, 2011 15:16 pm

    “Given Webb’s voting record, losing him in the Senate won’t be a massive blow to the Democrats maintaining control there, as Webb was independent and his vote couldn’t be counted on by the leadership. ”

    He voted with Reid whenever they needed his vote so I don’t get this assertion. As for SecDef it would fit the pattern of Dems outsourcing the Defense Dept to accommodating Republicans that began with Clinton. National security is so icky you understand. The one issue would be Webb’s rhetorical unpredictability (unlike his voting) which can get him unwanted attention.

    As for the Senate race I wish Repubs would just focus on getting their own act together and not letting the Dems’ games distract them. I have never seen this handwringing from leftists about elections. They just crank up the extra ballots division, the get out the vote lowlifes, the agitprop commandos and have at it. Repubs always seem to stand around and let themselves get Macacaed or Allredded each time and act surprised about it. I’m not recommending imitation but how about disrupting or countering these known tactics the way the NRA does?

  2. Tweets that mention Webb’s future could have major impact on 2011 and 2012 races : Bearing Drift: Virginia Politics On Demand -- Topsy.com January 23, 2011 15:26 pm

    [...] This post was mentioned on Twitter by Bearing Drift, Virginia Harlow. Virginia Harlow said: RT @bearingdrift: Web: Webb’s future could have major impact on 2011 and 2012 races http://bit.ly/gzhWRO [...]

  3. Brian Schoeneman January 23, 2011 16:37 pm

    He’s gone off the reservation enough that he’s viewed as unreliable.

    If he does go this route, it’s going to send shockwaves through the Commonwealth.

  4. Peter Sperry January 23, 2011 17:36 pm

    At this point, I think it is much more likely that President Obama prevails on Gates to remain through 2012. Secretary Gates is one of the few individuals who commands the bipartisan respect necessary to implement serious spending reductions within DOD. Yes Gates may want to step down for personal reasons, like the job wears a man down hard. But he has proposed some of the most sweeping DOD reorganization proposals since Goldwater/Nichols. Walking away now would leave the job half done.

  5. Shaun Kenney January 23, 2011 20:54 pm

    Were Webb not facing and upcoming reelection fight, this would be a no-brainer. Webb is perfectly suited for DOD chief.

    The kicker is, once McDonnell appoints Allen, is whether or not any Democrat can mount a serious challenge in such a short time during state elections (maybe?) while Allen spends down a warchest, only to do it again in 2012?

    Of course, what happens if the Democrat wins? Which Dem will it be? Kaine? Or Perriello? Should they win, will Allen run again in 2012, or will this open the field for the rest (Radtke, Marshall, Stewart, Mizusawa)? Or does Cuccinelli stand up and march to the front of the line?

    It would be interesting. And fluid. And perhaps that is why Obama may very well tap Webb after all. A 53 seat majority does the same work as a 52 seat majority, after all… and the Democrats are bound to get shellacked in 2010.

    So the real question is, does placing a former Republican turned Democrat on the national stage like Jim Webb help or hurt their chances in November 2012, regardless as to how Virginia shakes out? I’d say in a perfect world, it helps the Democrats — because Webb is no slouch. But it’s a tough, tough call to make knowing you’re giving up a Senate seat to the GOP…

  6. Louis Stadlin January 23, 2011 21:55 pm

    valentinus,
    These are your words!!
    “They just crank up the extra ballots division, the get out the vote lowlifes, the agitprop commandos and have at it.” If you don’t like the other side’s politics talk about wrong with their politics. Why do you have to call names. Is it something you learned from Limbaugh

  7. valentinus January 23, 2011 22:57 pm

    Dear Louis,

    I have talked specifics many times but this post was about tactics. And what have I said that is untrue? You know nothing of macaca and Allred? And anyway I was just making the point that the post concentrated too much on what the Dems would do. Just prepare for the inevitable no matter who the candidate. Nothing more than the Dems do. Leftists are too upset by the truth being spoken.

  8. William Jackson January 24, 2011 06:05 am

    Why is everyone assuming McDonnell appoints Allen? It wouldn’t surprise me one bit for McDonnell to appoint someone not in the running who openly says they’ll only serve through the election. Someone like a Tom Bliley, John Hager or other former elected party elder.

    Someone that makes most people say “awwwwww….” And keeps him from getting into an interparty spat – as he contemplates his own political future.

  9. Brian Schoeneman January 24, 2011 09:26 am

    Allen is the logical choice. He’s still popular with the vast majority of the party and he would return to the Senate with his seniority intact, jumping him over some of the new members who just joined. He also represents the best opportunity for us to take the seat back permanently next November.

    McDonnell doesn’t have to worry about getting reelected, so he can ignore the loud minority who may dislike this pick. And it won’t stop Radtke and the others from running if they choose to do that.

    He could pick a caretaker, but that doesn’t make a lot of sense, seeing as how we will need the strongest candidate we can get in 2012 to ride the inevitable Obama wave, and a sitting Senator is hard to beat.

  10. George Allen To Announce Senate Bid Monday « Virginia Virtucon January 24, 2011 09:42 am

    [...] 2:  Bearing Drift takes a look at the ramifications if Webb is appointed SecDef and leaves office with more than 120 days to go before the Nov. 2011 [...]

  11. Steve Vaughan January 24, 2011 10:04 am

    I think you’re right that, in this scenario, Allen would be the obvious choice for McDonnell.
    This would really play hell with the election calendar if Allen had to fight off the Tea Party in a primary in Sept. and then take on a Dem — probably Kaine I’d guess — in a special election in Nov. Then he’d have to turn around and run again in 2012 — that’ll put a little wear and tear on your campaign staff.

  12. James "turbo" Cohen January 24, 2011 10:53 am

    If the guv were to appoint Allen, the imagery of the hangmans noose in Allens office would become toxic if he runs for future office and I suspect he will. It might be doable in VA but McD has presidential potential and appoining Allen would be a large future liability.

  13. Brian Schoeneman January 24, 2011 11:50 am

    I don’t think so, Turbo. Most folks don’t know anything about that stuff – certainly not enough to latch it on to McDonnell.

  14. Louis Stadlin January 24, 2011 14:20 pm

    valentinus,

    I don’t know what you mean about Macaca. Everybody in Virginia knew about Macaca. Are you saying he didn’t know what he was saying? The fact is Allen might have won the election if he didn’t make that stupid remark although the “Hang Mans Noose” also didn’t help him.

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