According to this story, the West Virginia Republican Party state chair says his party may sue the Secretary of State over her plan to put the special election for U.S. Senate on the same ballot as the other offices up on November 2, 2010.  A quick review of the West Virginia election laws doesn’t seem to provide any basis for the party’s complaint, however.  The 2010 bill setting up procedures for the special U.S. Senate election merely says, “A special election shall be held to fill the unexpired term of the vacancy in the office of U.S. Senate existing on July 1, 2010, and the election shall be held in conjunction with the general election of November 2, 2010.”  It doesn’t say the special election should be on a separate piece of paper.

Nothing in the remainder of the election law seems to say anything about whether special elections should be on the same ballot with the regular election.  It’s possible that there is something there that is relevant, and if the Republican Party sues, that may become clearer.