The West Virginia legislature isn’t all that interested in letting voters choose their representatives in the United States Senate. The Politico reports that state legislators have adjourned without passing legislation that would have scheduled a special election for the seat vacated by the late Senator Robert Byrd (D-WV).

The failure to pass the bill in a special legislative session left in question when and how the state would schedule what is expected to be a late August special primary and November special general election for the seat.

Manchin called the legislature into special session in part to set a timetable for a special election, but if no law passes by Monday, the governor himself will have no choice but to set the date for a special election in which he wants to run – a politically awkward situation since he has expressed interest in running for the seat.

It’s a politically awkward situation but Manchin would be justified, even if it means Manchin himself intends to run. The seat has been vacated and in enough time to make the 2010 midterm elections. Voters in West Virginia should have the opportunity to choose their own United States Senator.

So what’s holding up the legislation? An amendment that would declare the special election to be separate from the general election, which would be held on the same day:

It’s no abstract legal question—current state law that prevents a candidate from running for two different offices on the same ballot and, without the amendment, Rep. Shelley Moore Capito (R-W.Va.) – the GOP’s best hope against Manchin in a Senate race—would be forced to give up her House seat to run in the Senate special election.

It sounds like Democrats want to eliminate the Republicans’ best hope with this amendment. In the process, voters are left without a scheduled election to choose their own United States Senator. And that’s a shame.

The responsibility now falls on Manchin to schedule the special election himself, which he’s legally allowed to do according to a July 8th ruling by the state attorney general. Manchin should schedule the election and let the voices of voters be heard.