Illinois Sec. of State And Atty. Gen.: Really, The Burris Appointment Doesn't Need The Signature
Illinois Secretary of State Jesse White is getting some help in his argument that he doesn't legally have to sign the appointment certificate of Roland Burris -- which is the very flaw in the certificate that is currently being used to deny Burris his seat -- with state Attorney General Lisa Madigan agreeing in a motion filed before the state Supreme Court.
Everyone is waiting on the court to rule on Burris' lawsuit to force White to sign it. If they force White to sign it and he complies, then it's probably over. If they agree that the signatures is only "recommended," then the ball will be kicked right back into Harry Reid's court.
The ruling could come as soon as tomorrow.
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I will bet a lunch to any takers that the court issues a writ of mandate ordering the secretary of state to sign the certificate. It is a ministerial task and there is no reason not to sign it. Any takers?
January 7, 2009 2:59 PM | Reply | Permalink
It may end up being immaterial, especially if the Senate waives the rule in Burris's case (which seems like a serious option after today's developments).
January 7, 2009 5:21 PM | Reply | Permalink
Nah, the senate won't do that. That would open up a huge can of worms. Game on with a lunch?
January 7, 2009 5:24 PM | Reply | Permalink
Depends on what you be havin for lunch.
January 7, 2009 5:32 PM | Reply | Permalink
What ever you want.
January 7, 2009 7:06 PM | Reply | Permalink
I've been upset since this morning's press conference where Reid and Durbin stated that without a valid certificate, they could not seat Burris. When they made this statement, they ensured that the Senate would not exercise its constitutional power to judge the MN election itself and seat Franken immediately.
This development gives Franken hope, if the IL Supreme Court rules that a certificate is irrelevant and that the ultimate and sole power under the Constitution to judge these matters, then there is precedent for the Senate to short-circuit Coleman's state court contest.
January 7, 2009 3:09 PM | Reply | Permalink
Why on God's green earth would the Senate want to get into resolving an individual state's elections before the complete lawful process in that state had played out?
Relax. Franken is going to be sworn in. It's just a matter of Coleman's last-gasp effort being choked off - and with Alan Page making the review appointments, former Senator Coleman is in the latter stages of asphyxiation.
January 7, 2009 5:16 PM | Reply | Permalink
Absolutely correct and give it up. The stand up's fans want him seated yesterday, eventhough he can't be legally seated. The senate won't get involved in this at all. The stand up will be seated probably within a month in any event and coleman's "appeals" will be exhausted. Minnesota will fast track this so fast it will make your head spin and there is no way a court is going to overturn the recount. I say a month, maybe two at the most. Then we will see what the guy can do. He sure won't bowl anybody over with his oratorical skills, that's for sure.
January 7, 2009 5:22 PM | Reply | Permalink
I had mentioned something similar on another blog under another discreet name in an undisclosed location that as long as Reid and Co. place the blame on the lack of SoS signature, they are still on the right side of this; openly opposing because of the situation behind the appointment and refusing to seat him due to not having his credentials in order.
This gives Reid and Co. cover from the GOP onslaught that would have occurred. I have a feeling that if Reid had accepted Burris, no questions asked, the GOP would have pounces on Reid and the Democrats as people so power hungry for another Democratic Senator they are willing to overlook the possibly corruption behind the appointment.
But, as the blog suggests, I just don't see any more political maneuvering that can be done by Reid other than accept the appointment and move on once the signature is deemed "recommended."
I believe Reid and Co. are in the clear now.
January 7, 2009 3:16 PM | Reply | Permalink
With Harry's record for showing a spine and following through on his promises, the minute Reid said that the Senate would not seat anyone that Blago might appoint, was there any doubt that whoever Blago picked would be seated?
January 7, 2009 3:23 PM | Reply | Permalink
Laugh. A conservative watchdog group is suing to have Burris seated. Huffpost has an article on it.
It was curious though how the right wing were positioning themselves. Hannity stated Reid would only seat Burris if he promises to not run again in 2010. Of course, Hannity will quote Op Ed pieces as fact often so I take anything he says with a grain of salt.
I think the wingers were planning on putting a strong candidate to run against Burris in 2010 and they will be running their campaign purely based on the conditions by which Burris was selected.
Ill. is pretty blue though so I'm not sure even the sleaziest of campaigns will do any good there.
Hopefully, Burris, who is 71 now, will have decided he reached the plateau and steps down quietly and allows another serious candidate that won't have been too directly involved in the circus that Blago created.
January 7, 2009 3:29 PM | Reply | Permalink
You're making the assumption that Burris would survive the Democratic primary in 2010.
I submit that such a development is highly unlikely, as there are at least three high-profile Dem names who are interested in the seat and are all more palatable at this point than Roland Burris.
(And that number of 3 assumes that Lisa Madigan runs for governor in 2010; in that case, current front-runners would be Danny Davis, Jan Schakowsky and Jesse Jackson Jr.)
January 7, 2009 5:24 PM | Reply | Permalink
i am under the assumption that it is a matter of illinois law that sec of state jesse white countersign the appointment made by gov. blagojevich. as far as i can tell, there doesn't seem to be any discretion (especially political considerations) allowed by the secretary of state when carrying out his or her constitutionally required job.
see 10 ILCS 5/25-8
When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.
and
15 ILCS 305/5
It shall be the duty of the Secretary of State:
1. To countersign and affix the seal of state to all commissions required by law to be issued by the Governor.
2. To make a register of all appointments by the Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed. If Senate confirmation is required, the date of the confirmation shall be included in the register.
January 7, 2009 3:54 PM | Reply | Permalink
The problem with the interpretation you provide is that the SoS is not specifically proscribed from denying his signature. I imagine this hasn't come up before.
My best guess is that White will sign the certificate before week's end, either of his own accord or under court compulsion.
January 7, 2009 5:19 PM | Reply | Permalink
Does not the use of the term "shall" remove the possibility of discretionary (in)action?
January 7, 2009 7:52 PM | Reply | Permalink
Sounds like somebody's trying to sell some chocolate covered cotton.
January 7, 2009 5:35 PM | Reply | Permalink