Illinois Secretary of State Jesse White has said he will not certify the governor’s appointment with the Seal of the State of Illinois. Senate Majority Leader Harry Reid and 50 United States Senators have announced they would not allow anyone appointed by Blagojevich to serve in the Senate. The question becomes whether they actually can deny a Senate seat to former Illinois Attorney General Roland Burris because of the pending criminal charges and impeachment proceedings against Governor Blagojevich related to an attempted sale of Barack Obama's Senate seat in return for campaign contributions.
The Governor’s Authority to Fill a Senate Vacancy
When Barack Obama resigned his seat in preparing to assume the presidency, a vacancy in the US Senate was created. The Seventeenth Amendment to the US Constitution created a provision which enables a state's governor, authorized by that state's legislature, to appoint a Senator in the event of a vacancy, until an election is held to fill the vacancy. Illinois law provides: “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…” When reading the US Constitution together with the Illinois law, it appears that Governor Blagojevich’s authority to fill the Senate seat is absolute.
Secretary White’s Role in Certifying the Appointment
Secretary White has indicated that he will not certify any document as being an official act of the State of Illinois which purports to be an appointment of a Senator by Blagojevich. The Secretary of State is the official keeper of the Seal of the State of Illinois and is responsible for attaching the seal to official Illinois documents.
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