If Creigh Deeds wins the election for Attorney General, what happens with his State Senate seat? It's an issue that local registrars, electoral boards, and the State Board of Elections are already tossing around, because the "events" needed to replace him will come fast and furious. And it's not just Deeds' seat that they have to worry about. A Russ Potts win in the Governor's race (however unlikely that might be) and/or a Bill Bolling win in the Lieutenant Governor's race would also produce General Assembly vacancies that will need to be filled.

To start with, nobody actually "wins" until the election is certified by the State Board of Elections on November 22nd. If Deeds wins, then by law the Governor must issue writ of special election directing the date on which a special election must be held to fill Deeds unexpired State Senate seat. According to State Board officials, the Governor's office and the State Board are already mulling over what that date might be. The Governor would like to have the seat filled before the January 11 beginning of the General Assembly session. The special election must be on a Tuesday, and the dates currently under consideration are December 20, January 3, and January 10.

While normally the political parties have the right to choose their method of nomination - either primary or caucus/convention - the primary route is unfeasible and seemingly unlawful for this type of special election. So the parties must hold some sort of nominating convention in a timely manner before the election date set by the Guv.

And what's timely? The Election Law requires that the nomination be made at least 30 days before the special election or within 5 days of the writ if the writ is issued within 35 days of the election. Assuming the Governor issues the writ the day after certification - November 23rd - then the deadlines for nominations to occur would work out this way:

• For a December 20 election, the deadline is November 28 (five days after the writ)
• For a January 3 election, the deadline is December 4
• For a January 10 election, the deadline is December 11

Other than a few administrative requirements, the rules for such nominating conventions are up to the parties and are not governed by law.

What happens if an independent decides to file? The same deadlines would apply, but in this case the independent must file petitions carrying signatures of 250 qualified voters in the Senate district.

And what if the Attorney General election is so close that a recount is required? Then all bets are off as to when a special election could be held. (Jim Heilman, electronic mail, August 25, 2005)