Robert C. Byrd, who used his record tenure as a United States senator to fight for the primacy of the legislative branch of government and to build a modern West Virginia with vast amounts of federal money, died at about 3 a.m. Monday, his office said. He was 92.He had been in failing health for several years.
Mr. Byrd’s death comes as Senate Democrats are working to pass the final version of the financial overhaul bill and win other procedural battles in the week before the Independence Day recess. In the polarized atmosphere of Washington, President Obama’s agenda seemed to hinge on Mr. Byrd’s health. Earlier this year, in the final days of the health care debate, the ailing senator was pushed onto the Senate floor in his plaid wheelchair so he could cast his votes.
Governor Joe Manchin III, a Democrat, will appoint an interim successor to Mr. Byrd.
Nate Silver wrote this on Byrd's replacement before the Senator passed away but after the news of his illness did not sound good.
Byrd's current term expires on January 3, 2013. Under West Virginia state law on handling Senate vacancies, "if the vacancy occurs less than two years and six months before the end of the term, the Governor appoints someone to fill the unexpired term and there is no election". Otherwise, Manchin would appoint an interim replacement, and an special election would be held in November to determine who held the seat in 2011 and 2012.
In other words, we are within a week of the threshold established by West Virginia law. If a vacancy were to be declared on July 3rd or later, there would not be an election to replace Byrd until 2012. If it were to occur earlier, there could potentially be an election later this year, although there might be some ambiguities arising from precisely when and how the vacancy were declared.