MyDD :: IL-Sen: A Special Election Instead Of An Appointment?

IL-Sen: A Special Election Instead Of An Appointment?

by Todd Beeton, Tue Dec 09, 2008 at 04:20:41 PM EST

Interesting. Dick Durbin is calling for a special election to determine Barack Obama's successor.

Sen. Dick Durbin of Illinois called today for a special election to fill Barack Obama's Senate seat, saying that "no appointment could produce a credible replacement" in light of this morning's arrest of Gov. Rod Blagojevich.

Durbin says he spoke with a member of the state's general assembly this morning, urging the legislature to enact a law calling for a special election and saying that a "tainted" appointment by the governor -- arrested this morning on corruption charges swirling around the politics of the appointment itself -- would be unacceptable.

"I think it's the only way out at this point," Durbin said today at a press conference on unrelated legislation.

More from CNN:

Currently Blagojevich has the sole authority to select Obama's successor, and is still able to do so unless he resigns or is impeached from office.

"No appointment by this governor under these circumstances could produce a credible replacement," Durbin said.

Possible stumbling block: the law calling for the special election, which apparently is in the works right now, can be vetoed by the governor. This is a really strange situation because this appointment is still very much at the whim of Blago; he can even make a legal appointment from prison. Which is precisely why the legislature is also pursuing impeachment proceedings against him.

Tags: il-sen, rod blagojevich, barack obama (all tags)

Permalink :: 18 Comments :: Post a Comment

Unconstitutional (none / 0)

Just saw this on Political Wire.

http://politicalwire.com/archives/2008/1 2/09/durbin_calls_for_special_election.h tml

The Hotline notes the Illinois Constitution "requires that the sitting governor alone has the power to appoint Pres.-elect Barack Obama's Senate replacement. Unless Gov. Rod Blagojevich decides to step aside pending a trial, he will name Obama's successor. Or, of course, the state Legislature could move to impeach him."

Brian

by Brian63 on Tue Dec 09, 2008 at 04:29:10 PM EST

Re: Unconstitutional (none / 0)

I do not see anything in the Illinois Constitution regarding the filling of vacancies in federal offices, and the Hotline post does not cite any constitutional provision to that effect.

There is a statute which provides that the governor makes an appointment, but of course a statute can be changed by the legislature.

"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman

by Steve M on Tue Dec 09, 2008 at 04:36:17 PM EST
[ Parent ]

Re: IL-Sen: A Special Election (none / 0)

It was always possible that a corrupt pol like Blagojevich could end up costing us the Governor's mansion - despite the generally sad state of the Illinois Republican Party - but it would truly be an accomplishment to cost us the Senate seat, too. This seat rated to be in Democratic hands until 2016 at the earliest as long as someone non-insane was appointed, and now it's anybody's guess what will happen.

"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman

by Steve M on Tue Dec 09, 2008 at 04:30:39 PM EST

yikes (none / 0)

hotline says even if ill lege passes a special eletion law blago has 60 days to veto it or ok it. yikes. lets hope the ill lege impeaches and removes blago tommorrow. this guy worries me alot.
http://hotlineblog.nationaljournal.com/a rchives/2008/12/but_so_and.html

by art3 on Tue Dec 09, 2008 at 04:31:42 PM EST

Re: yikes (2.00 / 1)

Good lord, Art... Stop the pidgin english and type properly...

by yitbos96bb on Tue Dec 09, 2008 at 04:35:13 PM EST
[ Parent ]

If Blago has any hand in the appointment... (none / 0)

The Senate should refuse to seat that person until the IL State Legislature can reconvene to impeach Blago...

Then Quinn can appoint a legit person

by SaveElmer on Tue Dec 09, 2008 at 04:32:08 PM EST

Re: If Blago has any hand in the appointment... (none / 0)

i just saw on ap that emile jones will push law for special-but the situationis chaotic as to its consittutionality? best bet-the quickest impeachment and removal of a guv in our history is the only way out of this.

by art3 on Tue Dec 09, 2008 at 04:34:35 PM EST
[ Parent ]

Re: If Blago has any hand in the appointment... (none / 0)

Unless I'm mistaken, the legislature is out on recess. I do NOT believe they can reconvene under Illinois law UNLESS the Governor calls them too... Therefore, I don't anything is getting done until January... Unless Blago bows to pressure to resign...

I'm doubtful though..> This is a guy who thought he could run for the WH in 2016.

by yitbos96bb on Tue Dec 09, 2008 at 04:37:12 PM EST
[ Parent ]

I believe that is correct... (none / 0)

They come back in January...

Cwertainly the Senate can hold it off til then

by SaveElmer on Tue Dec 09, 2008 at 04:49:49 PM EST
[ Parent ]

Re: If Blago has any hand in the appointment... (none / 0)

Based on Supreme Court precedent, the Senate cannot refuse to seat his appointment. They are the arbiter of elections and qualifications, so in this case they would have to rule that the person is unqualified. A case from the 1960's (the last time this was tested) ruled that their ability to reject someone based on lack of qualification is limited to statutory kind of things like the proper age, residency, etc. Unless SCOTUS wants to overturn this, the Senate can't keep the appointee out.

But what they can do is expel the appointee by a 2/3 vote after the appointee takes office. They can do that to any Senator at any time.

Want a progressive global warming novel, not a right wing rant? Go to www.edwardgtalbot.com for a free audio thriller.

by edparrot on Tue Dec 09, 2008 at 08:51:23 PM EST
[ Parent ]

What if they pressure him to resign? (2.00 / 1)

They COULD promise to maybe go easy on his wife, or something, if he steps down.

Does that change anything, not knowing Il state law?

Does that allow the Dept Governor to appt, or can he at least call a special session of the Il state legislation?

Man, what a mess.

Support the separation of Church and State: Vote YES on WA R-71!

by WashStateBlue on Tue Dec 09, 2008 at 04:40:29 PM EST

Durbin's got the right idea (2.00 / 1)

It might not be possible, but he's right that any selection that the Governor makes at this point will be bad medicine.

Frankly, this is ten times worse than Spitzer. At least all Spitz was doing was using state resources to get laid... he wasn't blatantly soliciting bribes.

You can't stop the signal.

President "That One"

by Dracomicron on Tue Dec 09, 2008 at 04:44:48 PM EST

Spitzer was stupid and crude.... (2.00 / 1)

This is old school corruption, it's almost nostalgia time?

It's like something out of a 1950s movie, a flashback to a different time...

Boss Tweed meets Richard Daley #1

Support the separation of Church and State: Vote YES on WA R-71!

by WashStateBlue on Tue Dec 09, 2008 at 04:55:14 PM EST
[ Parent ]

Re: Spitzer was stupid and crude.... (2.00 / 1)

At least Tammany Hall was effective in their corruption...

This guy's like the bumbling criminals who end up on Keith's Best Persons list.

by auronrenouille on Tue Dec 09, 2008 at 05:08:27 PM EST
[ Parent ]

Appointment? (2.00 / 2)

A Special Election would be bad for us. The Republican candidate would almost certainly be Mark Kirk, who would have absolutely nothing to lose and everything to gain by running in a Special Election (he won't have to risk his House seat and he might get promoted to the Senate).

Unless we nominate Patrick Fitzgerald, I think we would stand a good chance of losing the seat.

I think we should count on the Senate refusing to seat Blago's appointment and impeachment proceedings going through in January. Then Quinn can appoint a qualified Dem to hold the seat.

The sharpest criticism often goes hand in hand with the deepest idealism and love of country. ~RFK

by Vox Populi on Tue Dec 09, 2008 at 05:14:49 PM EST

The Senate can't refuse to seat (none / 0)

See my comments above. They would need a 2/3 vote to expel the appointee afterwards. Maybe Repubs would play or maybe they wouldn't.

Want a progressive global warming novel, not a right wing rant? Go to www.edwardgtalbot.com for a free audio thriller.

by edparrot on Tue Dec 09, 2008 at 08:53:07 PM EST
[ Parent ]

A Special Election Instead Of An Appointment? (none / 0)

The U.S. Senate itself holds the ultimate power here.

Blago could choose to make an appointment, but the Senate has the constitutional authority to refuse to seat the appointment. Given the circumstances, nobody would complain if the Senate were to decide to do just that in the event Blago decides to play shenanigans.

They've got him by the balls, not the other way around. Blago will not be choosing the next U.S. Senator in Illinois.

by Obamaphile on Tue Dec 09, 2008 at 06:35:46 PM EST

Refuse appointment? (none / 0)

It seems the easiest thing would be for anyone he appointed to just refuse it. I presume they could. It would take the Governor completely out of the loop if no one would accept what he offers.

by LanceS on Wed Dec 10, 2008 at 11:07:33 AM EST

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