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Jim Justice to delay Senate swearing-in to avert knotty succession in West Virginia

State otherwise could have four different governors in 10-day span

West Virginia Sen.-elect Jim Justice, here at the Capitol in November, is delaying his swearing-in next month.
West Virginia Sen.-elect Jim Justice, here at the Capitol in November, is delaying his swearing-in next month. (Bill Clark/CQ Roll Call file photo)

When newly elected senators are sworn in Jan. 3 at the Capitol, one member won’t be there: Republican Jim Justice says he’ll serve out his term as West Virginia governor and postpone joining the Senate until his gubernatorial successor is inaugurated on Jan. 13.

“I think this is the right decision,’’ Justice said at a news conference Thursday. “I’m going to be your governor until our new governor … is sworn in. … I’ve still got a bunch of things that I hope we’re going to be able to do between now and Jan. 13, and then I’ll go get sworn in as your senator and and we’ll be off and running when President [Donald] Trump hits the ground on Jan. 20.’’

Justice said he wanted to avoid a scenario under which the state would shuffle through four different governors over a 10-day span.

The Charleston Gazette-Mail, citing the state Constitution and West Virginia Code, laid out the succession plan had Justice not delayed his swearing-in as senator: He would have been succeeded by outgoing state Senate President Craig Blair in an acting capacity until Jan. 8, the first day of the legislative session. Then the new state Senate president, who is expected to be state Sen. Randy Smith, would serve as acting governor until Jan. 13, when Republican Gov.-elect Patrick Morrisey takes the oath of office.

Justice easily won election last month to succeed retiring independent Sen. Joe Manchin III, who also has served as West Virginia governor. The Senate seat was among four flipped by Republicans that helped them win control of the chamber. The GOP will hold 53 seats once Justice is sworn in but even without the West Virginian, the party would still have a two-seat cushion on Senate votes, assuming otherwise full chamber strength.  

Justice said he had consulted with his state’s soon-to-be senior senator, fellow Republican Shelley Moore Capito, who praised his decision.

“I very much respect @WVGovernor’s decision to honor his commitment to complete his term as Governor of the State of West Virginia. I am looking forward to serving with Senator Justice as there is much to do to advance President @realDonaldTrump’s agenda on behalf of all West Virginians,’’ she said on social media Thursday.

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