July 20--Gov. Joe Manchin made it official Tuesday he's running for the U.S. Senate, but chances that Rep. Shelley Moore Capito, R-W.Va., will take him on appear to be diminishing.

Concerns about legal challenges that might put her House seat in jeopardy appear likely to keep Capito out of the race. An announcement is expected today.

Manchin's Tuesday announcement set in motion his campaign machine, drew fire from Republicans and heightened speculation about who would challenge the popular Democratic governor.

"No one can replace our beloved Sen. Byrd; we can only hope to follow in his footsteps," Manchin said at a morning press conference at the state Capitol.

Within minutes, the National Republican Senatorial Committee released a statement blasting the governor's "political self-interests."

The Republicans tied Manchin to the unpopular Obama administration, chastised him for breaking his promise to serve out his full four-year term as governor and questioned his stewardship of a state that continues to rank poorly in so many categories.

By Tuesday evening, however, the Republicans had yet to field a candidate for the race. Because of the tight timeline, the filing period for the Senate race ends at 5 p.m. Friday.

State lawmakers reached a deal Monday evening to call for a special primary election on Aug. 28 and a special Senate election on Nov. 2, which coincides with the already scheduled midterm election.

While there is clear language allowing dual runs in the bill passed this week, Kent Gates, a spokesman for her House re-election campaign, said the Capito team was looking into every contingency and was concerned that legal challenges could bog down a campaign.

Under another part of state law, a candidate found to be running for two offices in the same election can be disqualified for running for both offices.

But because the Nov. 2 election actually will be considered two elections -- a special election and a regular election that just happen to be held at the same time -- that was not thought to apply to Capito's case. However, if a court decided differently, she would have to give up her House seat and be barred from the Senate race.

Secretary of State Natalie Tennant said an amendment to the bill that became law by Senate Minority Leader Mike Hall, R-Putnam, would allow a Capito to run for both the House and Senate because the two elections would be considered separate.

"It was put in there so it (the special Senate election) would be a separate election that, from my understanding, would allow someone to run who was already nominated for another office in separate primary, and that's the way I understand Mike Hall's amendment," Tennant said.

State Democratic Party Chairman Larry Puccio said he had not yet heard of any Democrats who planned to challenge Manchin in the party primary.

He also dismissed the Republicans' early attacks.

"You can't get all caught up in what they are going to do," Puccio said. "You need to stay focused on what you're going to do."

One of the key themes of the race -- if it would come down to Manchin and Capito -- is that both are trying to have their cake and eat it, too.

The Republican Senatorial Committee knocked Manchin for saying previously that he would serve a full, four-year term whether or not there was a vacancy in the Senate.

"By breaking his promise to serve a full term as Governor even if a Senate vacancy existed, Joe Manchin has made clear that his own political self-interests are more important than keeping his word to the people of West Virginia," said senatorial committee spokesman Brian Walsh.

But Democrats might go after Capito, should she opt for the new race, for running for both the House and Senate at once.

An e-mail Tuesday evening from the Democratic Senatorial Campaign Committee contained clippings from three opinion pieces challenging the fairness of dual Capito runs was titled "Capito Feeling Heat For Brazen Political Opportunism."

Doug McKinney, state Republican Party chairman, said he wasn't sure how running in two races would play out.

"I don't know how people will respond to her running for two offices at the same time," he said. "I think it'll be favorable because I think everybody realizes this is a once-in-a-lifetime thing."

There are also disputes among Washington lawyers over how federal limits on campaign contributions apply to a person running in two races.

Fundraising efforts for Manchin already are underway. Manchin, well known for his ability to raise money, launched a website Tuesday morning and began seeking contributions.

Steve Roberts, the head of the state Chamber of Commerce and a strong backer of Manchin, said he had been receiving calls from people who wanted to send Manchin checks.

"We have people who have contacted us who want to contribute and we don't know where to send them," Roberts said.

Kenny Perdue, the president of the West Virginia AFL-CIO, said fundraising plans are in their infancy.

Roberts and Perdue flanked Manchin as he announced his candidacy. That was a big get for Manchin, who portrays himself as a centrist and consensus builder.

"I was extremely pleased to see business and labor together with the governor," Puccio said.

The AFL-CIO executive board met two days after Byrd's June 28 death to pass a resolution requesting that Manchin appoint himself to the Senate seat.

Perdue expects a Sen. Manchin to help pass the Employee Free Choice Act, which would make it easier for unions to organize.

"He said he said he supported collective bargaining in the national legislation several years ago, so it's not anything new," Perdue said.

The business community, especially the mining industry, is counting on Manchin to, among other things, help defeat legislation meant to curb global climate change that would also reduce demand for coal.

If Manchin faces a formidable Republican, it could be a tough race not just because Democratic control of the Senate is potentially at risk, but also because the two might end up fighting over their conservative bona fides in a state where President Barack Obama is deeply unpopular. Only about a third of West Virginians approve of Obama, according to an early July poll by Rasmussen.

New Jersey Sen. Robert Menendez, the chairman of the Democratic Senatorial Campaign Committee, praised Manchin in words that also would also suit a Republican candidate.

Under Manchin's leadership, West Virginia has been praised for fiscal conservatism but has been able to cut taxes for West Virginia business and families, Menendez said in a statement.

"Joe Manchin has a record of job-creation and fiscal responsibility and will continue to be a strong independent voice for West Virginia in the U.S. Senate."

The same Rasmussen poll gave Manchin 53 percent of the vote and Capito 39 percent in a hypothetical matchup between the two. The survey polled 500 likely voters and had a 4.5 percent margin of error.

GOP Chairman McKinney said that was "not a very impressive figure" for Manchin, who polls "close to 80 percent" when people are asked if they approve of the job he is doing.

Contact writer Ry Rivard at ry.rivard@dailymail.com or 304-348-1796.

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